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 Psalm 103:1: "Bless the Lord, O my soul, and all that is within me, bless his Holy name."
Let us pray. Almighty God, thank You for another day of beauty and blessings to us. May we use the opportunities before us to accomplish the needs of the people. Help us to remember the wonderful privilege that is ours. Give us the strength to empty our cup of caring as we go about the affairs of State. Bless our Nation, President, State, Governor, Speaker, staff and all who carry the responsibility of leadership in this place. Keep our defenders of freedom safe as they protect us. In the name of our Lord, we pray. 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. ANDERSON moved that when the House adjourns, it adjourn in memory of 12-year old Thomas Trenaire Nesmith III and 9-year old Tomelis Kinard Nesmith of Hemingway, who lost their lives in a house fire, which was agreed to.
The following was received:
Columbia, S.C., April 26, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Very Respectfully,
President
Received as information.
Document No. 3031
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40, 40-15-40, 40-15-140, and 40-15-275
License to Practice Dentistry
Received by Speaker of the House of Representatives
January 11, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2006
Withdrawn and Resubmitted April 25, 2006
On motion of Rep. E. H. PITTS, with unanimous consent, the following was taken up for immediate consideration:
H. 5055 (Word version) -- Reps. E. H. Pitts and Haley: A HOUSE RESOLUTION TO PUBLICLY RECOGNIZE AND COMMEND ALL THOSE INVOLVED WITH "KIDS DAY OF LEXINGTON" FOR THEIR TREMENDOUS EFFORTS IN MAKING THIS SPECIAL DAY A TIME WHEN THE CHILDREN OF LEXINGTON COUNTY WILL BE ABLE TO LEARN MORE ABOUT BETTER HEALTH AND SAFETY PRACTICES AND ABOUT ENVIRONMENTAL AND SAFETY AWARENESS, AND DECLARE SATURDAY, APRIL 29, 2006, AS "KIDS DAY OF LEXINGTON".
Whereas, the members of the House of Representatives are pleased to learn that "Kids Day of Lexington" will be held this year on Saturday, April 29, 2006; and
Whereas, because our children are our most cherished treasure, we must do everything possible to ensure that they have the resources they need to learn, develop, and achieve their greatest potential; and
Whereas, when started in childhood, good health, safety, and good environmental habits can be maintained for a lifetime; and
Whereas, "Kids Day of Lexington" provides an opportunity for health care professionals, local law enforcement, fire department, and other public officials, businesses, agencies, and organizations to join together in offering health screenings, educational information about crime, fire safety, health promotion, disease prevention, and environmental awareness issues, entertainment, prizes, and refreshments; and
Whereas, the sixth annual observance of "Kids Day of Lexington" is a special day set aside to help create a better community by educating and caring for people with love, honesty, and laughter; and
Whereas, the members of the House of Representatives, by this resolution, would like to pause in its deliberations to commend and thank all those involved in this worthwhile endeavor for what they are doing in working together to educate our children about health, safety, and environmental issues. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, publicly recognize and commend all those involved with "Kids Day of Lexington" for their tremendous efforts in making this special day a time when the children of Lexington County will be able to learn more about better health and safety practices and about environmental and safety awareness, and declare Saturday, April 29, 2006, as "Kids Day of Lexington".
The Resolution was adopted.
The following was introduced:
H. 5056 (Word version) -- Reps. Scarborough and Limehouse: A HOUSE RESOLUTION TO EXPRESS THE STRONG SUPPORT OF THE HOUSE OF REPRESENTATIVES FOR THE RIGHT OF PRAYER AT THE SCHOOLS AND COLLEGES OF THIS STATE CONSISTENT WITH CONSTITUTIONAL LIMITATIONS AND RESTRAINTS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.
On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5059 (Word version) -- Rep. Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-427 SO AS TO PROVIDE THAT THE UNION COUNTY
SCHOOL BOARD OF TRUSTEES IS AUTHORIZED TO ESTABLISH THE OPENING DATE FOR SCHOOL TO BEGIN.
Rep. ANTHONY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CLEMMONS objected.
Referred to Union Delegation
S. 148 (Word version) -- Senators Campsen and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.
Referred to Committee on Education and Public Works
S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
Referred to Committee on Judiciary
S. 1353 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary
The following was introduced:
H. 5058 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE SERGEANT AMY STANLEY PROCK UPON BEING NAMED ROTARY CLUB OF MYRTLE BEACH OFFICER JOE MCGARRY MEMORIAL POLICE OFFICER OF THE YEAR FOR 2005 AND TO COMMEND HER FOR HER OUTSTANDING SERVICE AS A LAW ENFORCEMENT OFFICER AND AN ASSET TO HER COMMUNITY AND STATE.
The Resolution was adopted.
The following was introduced:
H. 5060 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF DR. SAMUEL A. HUNTER ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5061 (Word version) -- Reps. Coates, Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, 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, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION COMMENDING FLORENCE COUNTY'S CAROLINA ACADEMY GOLFERS ON THEIR SECOND STRAIGHT SCISA 2A CHAMPIONSHIP AND GOLF COACH DR. MARION S. FOWLER III FOR HIS PROWESS IN PREPARING HIS TEAM FOR ANOTHER STATE TITLE.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Harrell Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller 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. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 26.
Marty Coates Daniel Tripp Glenn Hamilton James E. Smith Jackson "Seth" Whipper Bill Cotty Douglas Jennings Bessie Moody-Lawrence James Harrison Ralph Davenport Michael Thompson William Clyburn Thad Viers William Bowers Harold Mitchell Tracy Edge Jerry Govan G. M. Smith
The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day.
Announcement was made that Dr. Gary Goforth of Greenwood is the Doctor of the Day for the General Assembly.
Reps. BAILEY, CHELLIS, HARRELL and YOUNG presented to the House the Pinewood Preparatory School Boys Basketball Team, the 2006 South Carolina Independent School Association Class AAA Champions, their coach and other school officials.
Rep. CHALK presented to the House the Hilton Head Preparatory School "Lady Dolphins" Girls Basketball Team 2006 South Carolina Independent School Association AAA Champions, their coach and other school officials.
Rep. SANDIFER presented to the House contestants of the 2006 Miss South Carolina Pageant.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3132 (Word version)
Date: ADD:
04/26/06 DELLENEY
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 UMPHLETT
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 MAHAFFEY
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 BATTLE
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 BALLENTINE
Bill Number: H. 4831 (Word version)
Date: ADD:
04/26/06 WHIPPER
Bill Number: H. 4834 (Word version)
Date: ADD:
04/26/06 BALLENTINE
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 CLARK
Bill Number: H. 4932 (Word version)
Date: ADD:
04/26/06 CLARK
Bill Number: H. 3132 (Word version)
Date: ADD:
04/26/06 HARRISON
Bill Number: H. 4089 (Word version)
Date: ADD:
04/26/06 COTTY
Bill Number: H. 3795 (Word version)
Date: ADD:
04/26/06 WHIPPER
Bill Number: H. 3977 (Word version)
Date: ADD:
04/26/06 CLEMMONS
Bill Number: H. 3681 (Word version)
Date: ADD:
04/26/06 COATES
Bill Number: H. 4838 (Word version)
Date: REMOVE:
04/26/06 MCLEOD
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4021 (Word version) -- Reps. Hayes and Miller: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO REDUCE THE CATCH LIMIT FOR FLOUNDER; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO INCREASE THE REQUIRED SIZE LIMIT FOR FLOUNDER.
H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M. A. Pitts, Sandifer, Scarborough, F. N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
H. 4383 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 44-53-583, RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION.
H. 4681 (Word version) -- Reps. M. A. Pitts, Duncan, Umphlett, Hosey, Bailey, Ceips, Leach, Phillips, Mahaffey, Haley, Huggins, Ballentine, E. H. Pitts, G. R. Smith, Toole, Cotty, Delleney and Vick: A BILL TO AMEND SECTION 23-31-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF FIREARMS BY LOCAL GOVERNMENTS, SO AS TO DELETE THE PROVISION THAT PREVENTS A LOCAL GOVERNMENT FROM REGULATING THE USE, SALE, TRANSPORTATION, OR PUBLIC BRANDISHMENT OF FIREARMS DURING THE TIMES OF A DEMONSTRATED POTENTIAL FOR INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO RESTRICT THE RELEASE OF A LIST OF ALL PERMIT HOLDERS OR VERIFY AN INDIVIDUAL'S PERMIT STATUS BY SLED TO INSTANCES WHEN A REQUEST FOR THIS INFORMATION IS TO AID IN AN OFFICIAL LAW ENFORCEMENT INVESTIGATION.
H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.
H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO ESTABLISH THE DIVISION ON AFFORDABLE HOUSING WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR WHICH SHALL BE SUPPORTED BY AN ADVISORY COMMISSION ON AFFORDABLE HOUSING WHICH SHALL BE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF BOTH ENTITIES.
H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
H. 4366 (Word version) -- Reps. Cooper, Cotty, Battle, Ceips, G. R. Smith, M. A. Pitts, Branham, Delleney, Davenport, McLeod, J. Brown, Phillips, Ballentine, Rhoad, Umphlett, Kirsh, Bailey, White, Miller, Jefferson, Townsend, Emory, Clark, Haley, Lucas, Littlejohn, Sandifer, J. R. Smith, Altman, Cobb-Hunter, Mahaffey, Vick, Agnew, J. M. Neal, Funderburk, Brady, Thompson and Hodges: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2006 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS.
H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
H. 4966 (Word version) -- Reps. Hinson, Merrill, Hodges, Jefferson, Thompson, McGee, Bailey, Cooper, Dantzler, Hagood, Harrell, Limehouse, Scarborough, J. R. Smith and Umphlett: A BILL TO AMEND SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TAX REBATES TO MOTION PICTURE PRODUCTION COMPANIES DOING BUSINESS IN SOUTH CAROLINA, SO AS TO INCREASE THE MAXIMUM PERCENTAGES OF THE TAX REBATES FROM FIFTEEN TO THIRTY PERCENT AND TO PROVIDE FOR PRE-EXISTING REBATE APPROVALS.
H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
H. 4951 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE-THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
H. 4882 (Word version) -- Reps. Cooper, Edge, Leach, Ott, Simrill, J. H. Neal, Kennedy, J. R. Smith, Anthony, Bannister, Battle, Breeland, G. Brown, J. Brown, Cato, Clemmons, Duncan, Hamilton, Haskins, Hinson, Hiott, Hodges, Jefferson, Jennings, Kirsh, Littlejohn, Lucas, Mahaffey, Owens, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Skelton, G. R. Smith, J. E. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, Walker, Weeks, Brady, Harrison, Perry, Young, Cobb-Hunter, Neilson, Cotty, White, Bales, Clyburn, Parks, Rhoad, Mitchell, R. Brown, Howard, Haley, Ballentine, Chalk and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY UNDER THE CONTROL OF OR ASSIGNED TO THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO DEPOSIT PROCEEDS FROM SUCH SALE OR LEASE OF PROPERTY INTO A RESTRICTED ACCOUNT, TO PROVIDE THAT THESE FUNDS MUST BE USED TO SUPPORT ADULT LONG-TERM CARE, ACUTE CARE, AND FORENSIC SERVICES, TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING, AND TO REQUIRE THE DEPARTMENT TO REPORT QUARTERLY ON THE USE OF THESE FUNDS.
H. 3034 (Word version) -- Reps. Cobb-Hunter, Vaughn, E. H. Pitts, Clyburn, Whipper, Hagood and Hodges: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF THE INTERSECTION OF INTERSTATE HIGHWAYS 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 10, 2006.
H. 4504 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR.
H. 4426 (Word version) -- Reps. Thompson and Martin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR AS A RELIGIOUS, CHARITABLE, A ELEEMOSYNARY, EDUCATIONAL, OR LITERACY ORGANIZATION LEASES PROPERTY OWNED BY IT TO SIMILARLY PROPERTY TAX EXEMPT ENTITIES, THE LEASED PORTION OF THE PROPERTY IS EXEMPT FROM PROPERTY TAX.
H. 3718 (Word version) -- Reps. Huggins, Frye, Clark, Haley, Ballentine, Bingham, Toole and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO DELETE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW AND VERY LOW INCOME RESIDENTS.
H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J. E. Smith: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA.
H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.
H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J. E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
H. 4737 (Word version) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E. H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.
H. 4465 (Word version) -- Reps. Harrell, W. D. Smith, J. Brown, Cato, Chellis, Cooper, Harrison, Townsend, Witherspoon, Merrill, Vaughn, Clemmons, Cotty, Walker, Altman, Ballentine, Ceips, Hagood, Haley, Haskins, Herbkersman, Hinson, Mahaffey, Norman, E. H. Pitts, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Taylor, Umphlett, Owens, Brady and Mitchell: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A REVIEW OF STATE SALES AND USE TAX EXEMPTIONS WHICH MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE GOVERNOR BEFORE JANUARY 9, 2007, TO REQUIRE THAT REVIEW TO CONTAIN SPECIFIC RECOMMENDATIONS WITH RESPECT TO EXEMPTIONS TO BE ELIMINATED OR REVISED AND A REDUCED STATE SALES AND USE TAX RATE TO PROVIDE REVENUE NEUTRALITY, TO PROVIDE FOR THE REPORTING AND IMPLEMENTATION OF THE COMMITTEE'S RECOMMENDATIONS AND AMENDMENTS ALLOWED TO THESE RECOMMENDATIONS AND THE MANNER IN WHICH THEY TAKE EFFECT, AND TO REPEAL CHAPTER 41 OF TITLE 2 ESTABLISHING THE TAX STUDY COMMISSION EFFECTIVE JULY 1, 2011, UNLESS THE GENERAL ASSEMBLY BY LAW EXTENDS THE COMMISSION'S EXISTENCE.
H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G. R. Smith, J. E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; BY ADDING SECTION 12-36-2140 SO AS TO PROVIDE FOR AN EXEMPTION FOR A MANUFACTURING PROPERTY FROM THE STATE SALES TAX ON NATURAL GAS ONCE THE PRICE OF NATURAL GAS EXCEEDS $6.50 FOR A DECATHERM; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AS A TAXPAYER WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR THE ALLOCATION OF THE TOTAL AMOUNT OF THE CREDITS ANNUALLY; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; AND TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT.
H. 5023 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NUTRITION STANDARDS FOR ELEMENTARY (K-5) SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5024 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5025 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
H. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
H. 3711 (Word version) -- Reps. Cobb-Hunter and Mitchell: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
The following Bill was taken up:
H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
Rep. WITHERSPOON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up:
H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18334MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Industry Partners Act".
SECTION 2. Chapter 17, Title 13 of the 1976 Code is amended by adding:
"Section 13-17-88. (A) There is established within each of the three South Carolina Research Innovation Centers (SCRIC) established in Section 13-17-87 a target program of excellence reflecting the basic research currently undertaken at each center and serving as the focal point of the state's applied research and development in each of the program areas of excellence:
(1) The Upstate Innovation Center associated with Clemson University: Automotive Center of Excellence, an automotive technology development program, in collaboration with the University and International Center for Automotive Research (ICAR);
(2) The Charleston Innovation Center associated with the Medical University of South Carolina: Health Sciences Center of Excellence, a health science technology development program;
(3) The Columbia Innovation Center associated with the University of South Carolina: Fuel Cell Center of Excellence, a fuel cell and hydrogen technology program, in collaboration with Savannah River National Lab (SRNL); and
(4) Other programs necessary or appropriate to fulfill the purposes of this section.
(B) The South Carolina Research Authority (SCRA), through the SCRIC, may implement and manage the specified programs and other programs as the SCRA determines in collaboration with the public and private sectors. Additional programs also shall focus on fields in which the State has demonstrated existing or emerging excellence. Program activities are not required to be performed at a particular location. Programs to be conducted pursuant to this section must be approved by the SCRA Executive Committee.
(C) Each target program must coordinate with basic researchers, both inside and outside this State, and with industry so as to focus on and effect applied research, product development, and commercialization efforts in this State in the targeted field of excellence.
(D) A target program of excellence as provided in Section (A) may undertake the following:
(1) incubation needs for start-ups and spin-offs in the program area;
(2) demonstration projects and related teams charged with conceptualizing, attracting, and executing technology in the program area;
(3) working with industry partners to develop collaborative relationships with national and international trade groups, government agencies, research labs, and other universities;
(4) financing for industry partners conducting activities in furtherance of the program area;
(5) financing for prototype development, clinical trials, and other program related preproduction projects;
(6) support for university researchers to work with industry partners on applied research and commercialization in the program area;
(7) marketing activities including, but not limited to:
(a) building national and international recognition of the program;
(b) recruiting industries and scientific and entrepreneurial talent to the program;
(c) building public awareness;
(d) supporting South Carolina based trade shows in South Carolina that attract national and international audiences;
(8) other activities necessary or appropriate in relation to the programs.
(E) There is established the 'Industry Partnership Fund' at the SCRA or at an SCRA-designated affiliate, or both, for the acceptance of contributions for funding the programs. Financing methods pursuant to this section and Section 13-17-87 include grants, loans, investments, and other incentives. The SCRA may, but is not required to, provide additional funding for the programs. Program funding is authorized for the purposes of this section and related administrative costs. A contributor is eligible for a tax credit against the state income or premium tax or license fee, as provided in Section 12-6-3585.
(F) The South Carolina Research Authority (SCRA) may implement the provisions of this section and Section 13-17-87, pursuant to Section 13-17-180.
(G) The SCRA must consult with Clemson University, The Medical University of South Carolina, or the University of South Carolina in the conduct of a program if the program is conducted by an innovation center associated with that research university.
(H) The SCRA shall submit an annual report to the General Assembly on the programs established pursuant to this section."
SECTION 3. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3585. (A) A taxpayer may claim as a credit against his state income tax imposed by Chapter 6 of Title 12, license fees imposed by Chapter 20 of Title 12, or insurance premiums imposed by Chapter 7 of Title 38, or any combination of them, one hundred percent of an amount contributed to the Industry Partnership Fund at the South Carolina Research Authority, or an SCRA-designated affiliate, or both, pursuant to Section 13-17-88(E), up to a maximum credit of two million dollars, not to exceed an aggregate credit of six million dollars for all taxpayers in its first fiscal year of existence. A limitation on the aggregate amount of tax credits for all taxpayers must be established annually by the General Assembly in its annual general appropriations bill. If an annual aggregate amount is not established in the applicable general appropriations bill for any fiscal year, the aggregate annual amount of the credit is six million dollars for that fiscal year. Each taxpayer's credit is limited to two million dollars of qualified contributions for each fiscal year. For purposes of determining a taxpayer's entitlement to the credit for qualified contributions for a given fiscal year in which more than the applicable aggregate annual limit on the credit is contributed by taxpayers for that year, taxpayers who have made contributions that are intended to be qualified contributions earlier in the applicable fiscal year than other taxpayers must be given priority entitlement to the credit. The SCRA shall certify to taxpayers who express a bona fide intention of making one or more qualified contributions as to whether the taxpayer is entitled to that priority.
(B) The amount of the credit is equal to one hundred percent of the amount of the taxpayer's qualified contributions to the Industry Partnership Fund, subject to the limitations in this section. The credit is nonrefundable.
(C) The use of the credit is limited to the taxpayer's applicable income or premium tax or license fee liability for the tax year of the taxpayer after the application of all other credits. An unused credit may be carried forward ten tax years of the taxpayer after the end of the tax year of the taxpayer during which the qualified contribution was made.
(D) A contribution is not a qualified contribution if it is subject to conditions or limitations regarding the use of the contribution.
(E) 'Taxpayer' means an individual, corporation, partnership, trust, bank, insurance company, or other entity having a state income or insurance premium tax or license fee liability who has made a qualified contribution.
(F) To claim the credit, the taxpayer shall attach to the return a copy of a form provided by SCRA identifying the taxpayer's qualified contribution.
(G) The Department of Revenue may require information and submissions by taxpayer as it considers appropriate in relation to a taxpayer's claim of entitlement to the credit.
(H) The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation, but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation or partnership may assign its rights to its unused credit to another corporation or partnership if it transfers all, or substantially all, of the assets of the corporation or partnership or all, or substantially all, of the assets of the trade or business or operating division of the corporation or partnership to another corporation or partnership.
(I) A taxpayer who claims the credit may not take a deduction in relation to the qualified contribution which gives rise to such credit.
B. This section applies to taxable years beginning on or after January 1, 2006."
SECTION 4. Section 13-17-40 of the 1976 Code, as last amended by Act 133 of 2005, is further amended to read:
"Section 13-17-40. (A)(1) The SCRA shall consist of a board of twenty-three twenty-four trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, Director of Savannah River National Laboratory, President of Francis Marion University, Chairman of the State Board for Technical and Comprehensive Education, Governor of South Carolina or his designee, Chairman of the House Ways and Means Committee's designee, Chairman of the Senate Finance Committee's designee, and the Secretary of Commerce or his designee.
(2) The Governor shall name the chairman who must not be a public official and who shall serve serves at the pleasure of the Governor. The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the board on January 1, 2005. Each of the Congressional Districts of South Carolina shall have has at least one of the ten trustees.
(3) Terms of elected trustees are for four years, and half shall expire every two years. No An elected trustee shall may not serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment. A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any a trustee.
(B)(1) The President of Clemson University, President of the Medical University of South Carolina, President of the University of South Carolina at Columbia, the Governor or his designee, the Chairman of the House Ways and Means Committee's designee, the Chairman of the Senate Finance Committee's designee, and the chairman of the board of trustees shall serve as the executive committee of the board of trustees. The executive committee by majority vote shall have the authority to implement recommendations and direct the executive director on policy decisions for the efficient day-to-day operations of the SCRA has all powers and authority of the board of trustees. The board shall advise the executive committee of the actions recommended by the board.
(2) The executive committee shall appoint a business and science advisory board to include representatives from each research university, the venture capital industry, relevant industry leaders, and the Department of Commerce. The purpose of the advisory board is to advise the board of trustees when requested by it. The advisory board shall ensure that the authority has the input of the research and business communities in implementing its programs and services.
(C) A trustee may not receive a salary for his services as a trustee; however, all a trustee must be reimbursed for actual expenses incurred in service to the authority.
(D) The board annually shall submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority.
(E) The board shall hire an executive director of the SCRA who shall have direct has administrative responsibility for the SCRD and the SCRIC SCRA. The executive director shall maintain, through a designated agent, accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The executive director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.
(F) Regular meetings of the board of trustees must be held at a time and place the chairman may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given."
SECTION 5. Section 13-17-83 of the 1976 Code, as added by Act 133 of 2005, is amended to read:
"Section 13-17-83. The SCRD shall South Carolina Research Division (SCRD) may operate existing research parks in cooperation with Clemson University, the Medical University of South Carolina, and the University of South Carolina at Columbia. The authority may establish and operate additional research parks and research, computer and technology-related projects, and facilities as determined by the board of trustees. The authority is responsible for the decisions and operations of a research park, project, or facility established pursuant to this chapter."
SECTION 6. Section 13-17-87(B), (C), and (F) of the 1976 Code, as added by Act 133 of 2005, is amended to read:
"(B) The SCRIC shall operate in conjunction with the three research universities in South Carolina. One innovation center must be located in each of the following areas:; except that an innovation center and its activities are not otherwise required to be at a particular location:
(1) Charleston, to be associated with the Medical University of South Carolina;
(2) Columbia, to be associated with the University of South Carolina; and
(3) The Upstate, to be associated with Clemson University.
(C) Each of the three innovation centers may have a center director appointed or removed by the executive director with the advice and consent of the president of the research university associated with the respective center. Staff for innovation centers should encompass a variety of specialty areas, which may include market research, intellectual property protection, finance, management and business practices, relevant science and technology, industry research partner recruitment, and other specific skills as required to advise and assist start-up companies, pre-company initiatives, or launch new products. Consulting services may be obtained for specialized needs not otherwise met by existing staff personnel.
(F) The SCRIC may:
(1) admit qualified companies including, but not limited to, start-up companies, new product initiatives, and pre-company initiatives into a center and grant these companies up to two hundred thousand dollars each as well as physical and staff resources;
(2) solicit grants and other financial support from federal, local, and private sources and fees, royalties, and other resources from innovation center users, which ultimately should enable the innovation centers to become self sufficient;
(3) allow a company to remain in an innovation center for up to four years or until exceeding one million dollars in annual commercial revenue; and
(4) allow rent and fees for services initially to be waived.; and
(5) provide financing to qualified companies."
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.
Reps. E. H. PITTS and J. E. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6874HTC06):
Amend the bill, as and if amended, by adding a penultimate SECTION, appropriately numbered to read:
/ SECTION __. Article 6, Chapter 111, Title 59 of the 1976 Code is amended to read:
Section 59-111-410. As used in this article, 'tuition' means the amount charged for registering for a credit hour of instruction and shall must not be construed to mean any other fees or charges, or costs of textbooks, or costs of room or board.
Section 59-111-420. (A) A member of the South Carolina National Guard enrolled as a student in state-supported institutions of higher learning or technical colleges, as these institutions are enumerated in Section 59-111-340, is exempt from one-half of the tuition charges for up to twelve credit hours as long as the student is a member in good standing of the South Carolina National Guard. The student must be a resident of South Carolina in order to be eligible for such one-half this tuition exemption. This one-half tuition exemption may be claimed for a period of five years as long as the member is in the National Guard or until the receipt of member receives a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and has the authority to issue an exemption for one-half of the tuition fees for up to twelve credit hours per semester to a member of the South Carolina National Guard so qualifying to a student who qualifies. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.
(B) [Reserved]The one-half tuition benefits provided by this section are optional with the particular institution or college and are based on availability of seats. Availability of seats shall be determined on a course-by-course basis during registration by the institution or college.
(C) If the student terminates his enlistment in or ceases to be a member in good standing of the South Carolina National Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.
(D) To receive the exemption, a student must be a member in good standing of the South Carolina National Guard for the entire semester for which the exemption is claimed shall maintain a minimum 2.0 grade point average each semester. If the student fails to achieve the minimum grade point average, the student shall pay the institution all charges from which the student was exempt for that semester.
(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.
(F) The State Commission on Higher Education shall validate the South Carolina National Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution.
Section 59-111-430. The credit hours generated by students who are members of the South Carolina National Guard receiving one-half tuition under the tuition exemption pursuant to this article shall must not be used in computing the higher education funding formula and shall may not have an impact on the level of funding an institution receives.
Section 59-111-440. The provisions of this article are applicable beginning with the fall semester or quarter of 1995 and thereafter 2006." /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Reps. WHITE, SKELTON, J. R. SMITH, HIOTT, THOMPSON, COOPER, CLEMMONS, J. E. SMITH, E. H. PITTS, YOUNG, COTTY, HOSEY, G. R. SMITH and MAHAFFEY requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4661 (Word version) -- Reps. Harrell, Cooper, Clark, Frye, Haley, Harrison, Herbkersman, Hosey, Kirsh, Merrill, J. R. Smith, Vick, Anderson, Anthony, Bailey, Battle, Brady, Breeland, G. Brown, J. Brown, Ceips, Chalk, Clyburn, Dantzler, Davenport, Funderburk, Hagood, Hardwick, Hinson, Hodges, Jefferson, Littlejohn, Loftis, Lucas, McCraw, McGee, Miller, Norman, Ott, Parks, Perry, Phillips, M. A. Pitts, Rice, Sandifer, J. E. Smith, W. D. Smith, Talley, Taylor, White, Witherspoon, Young and Mitchell: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ALL EARMARKED AND RESTRICTED ACCOUNTS OF THE STATE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR ITS DISSOLUTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7362AHB06), which was adopted:
Amend the joint resolution, as and if amended, by inserting a penultimate SECTION appropriately numbered to read:
/ SECTION __. Pending the filing of the report and recommendations required pursuant to Section 1 of this joint resolution, the following Statewide Accounting and Reporting System (STARS) subfunds are exempt from the provisions of Section 7, Act 156 of 2005:
(1) Department of Motor Vehicles
Subfund 3264 - Operating Revenue
(2) Comptroller General's Office
Subfund 4007 - Unemployment Compensation
(3) State Accident Fund
Subfund 4033 - Workers Compensation Fund
(4) Budget and Control Board
Subfund 4161 - Insurance Reserve Fund
(5) Budget and Control Board
Subfund 4202 - State Life and LTD. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4075 (Word version) -- Reps. Lucas and Vick: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN A SCHOOL DISTRICT IS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT WHOSE BUDGET OF TOTAL EXPENDITURES, INCLUDING DEBT SERVICE, EXCEEDS SEVENTY-FIVE MILLION DOLLARS BECAUSE OF A ONE-TIME CONSTRUCTION PROJECT, THE SCHOOL DISTRICT IS EXEMPT FROM THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7363AHB06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. This SECTION may be cited as the "Financial Advisory Services Act".
B. Chapter 15, Title 11 of the 1976 Code is amended by adding:
Section 11-15-710. As used in this article:
(1) 'Governing board' means the board, council, commission, board of trustees, authority, or other public body upon which is devolved by law the administrative duties of an issuer.
(2) 'Issuer' means any incorporated city or town, school district, county, special purpose district, public service district, or other political division or subdivision of the State.
(3) 'Municipal securities' means bonds, notes, or other obligations issued by or on behalf of an issuer.
(4) 'Municipal securities broker' and 'municipal securities dealer' have the meanings provided them in the rules established by the Municipal Securities Rulemaking Board.
(5) 'Providing financial advisory services' means a relationship that exists when a person renders, either directly or indirectly, or enters into an agreement to render, either directly or indirectly, financial advisory or consultant services to or on behalf of an issuer with respect to an issue or issues of municipal securities, including advice with respect to the structure, timing, terms, and other similar matters concerning the issue or issues, for a fee or other compensation or in expectation of compensation for the rendering of the services. Notwithstanding the provisions of this subsection, a financial advisory relationship does not exist when, in the course of acting as an underwriter, a municipal securities broker or municipal securities dealer renders advice to an issuer, including advice with respect to the structure, timing, terms, and other similar matters concerning a new issue of municipal securities. An attorney-client relationship is not a financial advisory relationship.
(6) 'State' means the State of South Carolina.
Section 11-15-720. (A) Only a municipal securities broker or dealer may provide financial advisory services to issuers.
(B) Financial advisory services must be provided to issuers only upon official action by the governing board of an issuer taken before, contemporaneously with, or promptly after the inception of the relationship, specifying the services to be rendered and the costs for the services.
(C) Public funds or proceeds of municipal securities must not be used to pay for financial advisory services unless subsections (A) and (B) have been complied with." /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
Rep. MCGEE moved to table the amendment, which was agreed to.
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18369MM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-11-720(A) of the 1976 Code, is amended by adding appropriately numbered new items at the end to read:
"( ) the Children's Trust Fund as established pursuant to Section 20-7-5010.
( ) a residential group facility which provides on-site teaching for residents if the facility's employees are currently members of the South Carolina Retirement System or if it provides, at no cost, educational facilities on its grounds to the school district in which it is located.
( ) a federally qualified health center.
( ) County First Steps Partnership established pursuant to Section 59-152-60.
( ) Palmetto Pride as established pursuant to paragraph 26.7, Part 1B, Act 115 of 2005."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21184SD06), which was tabled:
Amend the bill, as and if amended, in Section 1-11-720(A) of the 1976 Code, as contained in SECTION 1, by adding a new item appropriately numbered to read:
/ ( ) county conservation district commissions, if the commissioners thereof pay the full and total cost of providing such insurance; /
Renumber sections to conform.
Amend title to conform.
Rep. BOWERS explained the amendment.
Rep. YOUNG moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7365AHB06), which was adopted:
Amend the bill, as and if amended, by deleting Section 6-1-530(B)(2), as contained in SECTION 1, page 1, beginning on line 38, and inserting:
/ (2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection." /
Amend the bill further, by deleting Section 6-1-730(B)(2), as contained in SECTION 2, page 2, beginning on line 15, and inserting:
/ (2) In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local hospitality tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection." /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD; TO AMEND SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; AND TO REPEAL SECTION 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION.
Reps. COOPER, SKELTON, J. E. SMITH, J. BROWN, EDGE, OTT, MAHAFFEY, RICE, DUNCAN, VAUGHN, YOUNG, OWENS, E. H. PITTS, JEFFERSON, DAVENPORT and LEACH requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
Rep. FRYE explained the Bill.
The following Bill was taken up:
S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
Rep. TOOLE explained the Bill.
Rep. TOOLE moved to adjourn debate on the Bill until Thursday, April 27, which was agreed to.
Rep. ALTMAN asked unanimous consent to recall H. 4620 (Word version) from the Committee on Judiciary.
Rep. J. BROWN objected.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3901 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-15-65 SO AS TO PROVIDE THAT AGRICULTURAL PRODUCTS GROWN IN ANOTHER STATE MAY BE SOLD AT ROADSIDE MARKETS OR LOCAL STANDS IN THIS STATE BY THE OUT-OF-STATE PRODUCER OR HIS AUTHORIZED AGENCY IN THE SAME MANNER IN-STATE PRODUCERS ARE PERMITTED TO SELL SUCH PRODUCTS ONLY IF THE OTHER STATE PERMITS AGRICULTURAL PRODUCERS FROM THIS STATE THE SAME PRIVILEGE AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE.
Rep. NEILSON asked unanimous consent to recall H. 4560 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HALEY objected.
Rep. THOMPSON asked unanimous consent to recall H. 5013 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. TOWNSEND asked unanimous consent to recall H. 4601 (Word version) from the Committee on Education and Public Works.
Rep. SCARBOROUGH objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Rep. W. D. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21143SD06), which was adopted:
Amend the bill, as and if amended, in Section 59-53-110 of the 1976 Code, as contained in SECTION 3, by adding after /college'/ on line 5, page 2, /or 'community college' /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH 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 following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4579 (Word version) -- Reps. Merrill, Bingham, E. H. Pitts, Hardwick, Haley, Bailey, Bales, Cato, Dantzler, Duncan, Hinson, Jefferson, Leach, Loftis, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Umphlett and Young: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL TRUSTEE'S TERM OF OFFICE, SO AS TO PROVIDE THAT IN A SCHOOL DISTRICT WHERE SCHOOL BOARD MEMBERS ARE ELECTED, THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER; TO AMEND SECTIONS 59-71-40 AND 59-71-50, BOTH RELATING TO A SCHOOL BOND ELECTION, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER.
The following Concurrent Resolution was taken up:
H. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation name the portion of South Carolina Highway 20 in Anderson County from its intersection with S 04-54 to its intersection with the United States Highway 29/South Carolina Highway 20 connector "Trooper Randall Lamar Hester Memorial Highway", and erect appropriate markers or signs along this portion of highway that contain the words "Trooper Randall Lamar Hester Memorial Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. SCOTT moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: 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 COLLETON 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 COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
Rep. BOWERS explained the Bill.
The following Bill was taken up:
H. 5050 (Word version) -- Reps. Kirsh, Moody-Lawrence and Norman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-429 SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE YORK COUNTY SCHOOL DISTRICTS ARE AUTHORIZED TO ESTABLISH THE OPENING DATE FOR SCHOOL TO BEGIN.
Rep. CLEMMONS spoke against the Bill.
Rep. KIRSH spoke in favor of the Bill.
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. OTT moved that the House recede until 2:00 p.m., which was agreed to.
Further proceedings were interrupted by the House receding.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5054 (Word version) -- Reps. Harvin, Kennedy, Bailey and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S 14-102 (EXIT 108) IN CLARENDON COUNTY.
Rep. HARVIN explained the Bill.
H. 4831 (Word version) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.
Rep. COBB-HUNTER explained the Bill.
The following Bill was taken up:
H. 4834 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw, Rivers and Ballentine: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
Rep. J. E. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. SINCLAIR asked unanimous consent to recall H. 4835 (Word version) from the Committee on Judiciary.
Rep. COOPER objected.
On motion of Rep. OTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 3062 (Word version) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark and Bales: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.
Rep. COBB-HUNTER asked unanimous consent to recall H. 4850 (Word version) from the Committee on Ways and Means.
Rep. BATTLE objected.
On motion of Rep. RUTHERFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4942 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A GOLF CART MAY BE USED TO TRANSPORT INDIVIDUALS WITHIN A ONE-HALF MILE RADIUS OF A FACILITY THAT IS HOSTING A SPORTING EVENT, CONCERT, OR ANOTHER FORM OF ENTERTAINMENT.
Rep. RUTHERFORD asked unanimous consent to recall H. 3804 (Word version) from the Committee on Judiciary.
Rep. HAMILTON objected.
Rep. SCOTT asked unanimous consent to recall H. 3348 (Word version) from the Committee on Judiciary.
Rep. VIERS objected.
Rep. HERBKERSMAN asked unanimous consent to recall H. 4930 (Word version) from the Committee on Ways and Means.
Rep. LOFTIS objected.
Rep. HERBKERSMAN asked unanimous consent to recall H. 4939 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3662 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
The following Bill was taken up:
H. 3795 (Word version) -- Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, E. H. Pitts, G. R. Smith, Mahaffey, J. Brown, McLeod and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6835CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-15. As used in this chapter:
(1) 'bar or lounge' area means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages;
(2) 'private function' means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement, or dining that is not intended to be open to the public and for which membership or specific invitation is a prerequisite to entry;
(3) 'proprietor' means a person who owns, leases, operates, manages, or otherwise has control of any establishment, building, or enclosed area. The term 'proprietor' includes corporations, associations, or partnerships as well as individuals;
(4) 'recreational facility' means an enclosed, indoor area open to the general public for any recreational purpose, including, but not limited to, an indoor area used as a bowling alley, dance hall, gaming facility, poolroom, stadium, arena, skating rink, video game facility, or senior citizen recreational facility;
(5) 'restaurant' means any eating establishment, including, but not limited to, fast food enterprises, coffee shops, cafeterias, and other similar entities licensed by the Department of Health and Environmental Control, including a bar area within a restaurant;
(6) 'smoke' or 'smoking' means the inhaling, exhaling, burning, or carrying or holding of a lighted cigar, cigarette, pipe, or a tobacco or other product in any manner or form;
(7) 'specialty tobacco store' means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental;
(8) 'theater' means an indoor facility or auditorium open to the public that is primarily used or designed for the purpose of exhibiting a motion picture, stage production, musical recital or concert, dance performance, lecture, or another similar performance."
SECTION 2. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-25. (A) Unless otherwise provided in this chapter, this chapter shall not apply to:
(1) private homes, private residences, private automobiles, and home-based businesses, unless the private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care facility;
(2) an indoor area where private functions are being held when the arrangements for the private functions are under the control of the sponsor of the function;
(3) a hotel or motel room clearly designated as a 'smoking' room as long as the room does not exceed twenty-five percent of the total accommodations within the establishment that are offered for lease or rent to the public;
(4) specialty tobacco stores;
(5) tobacco manufacturers;
(6) cigar bars; and
(7) private clubs.
(b) This chapter shall not prevent or be construed to limit the right of a proprietor of an establishment excluded under it from prohibiting smoking in an establishment or private office or work area or the right of a principal or administrator of an educational facility, as defined in Section 44-95-20, from adopting smoking prohibitions that are more stringent than the requirements of this chapter, including restrictions on smoking in areas that are not enclosed and are located on the educational facility's campus."
SECTION 3. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-70. A person or employer shall not retaliate against another person, employee, applicant for employment, or customer for filing a complaint or report about or seeking prosecution of a violation of this chapter."
SECTION 4. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-80. This chapter must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any establishment, building, or area or by a rule or regulation of a state or local agency or another applicable law, including an ordinance adopted by a local governing body."
SECTION 5. Section 44-95-20 of the 1976 Code is amended to read:
"Section 44-95-20. It In order to protect the public from the detrimental effects of secondhand smoke, it is unlawful for a person to smoke or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for in this chapter:
(1) public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to subarticle 11, Article 13, Chapter 7 of Title 20;
(3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;
(4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas. However, smoking policies in the State Capitol and Legislative Office Buildings must be determined by the office of government having control over its respective area of the buildings. 'Government buildings' means buildings or portions of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings which are leased to other organizations or corporations;
(5) elevators;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance.;
(8) restaurants, bars, or lounge area; and
(9) recreational facilities."
SECTION 6. Section 44-95-30 of the 1976 Code is amended by adding at the end:
"This section must not be construed as requiring the posting of signs on private homes, private residences, private vehicles, or home-based businesses unless the private homes, private residences, private vehicles, or home-based businesses are used in conjunction with a licensed child care, adult day care, or health care facility."
SECTION 7. Section 44-95-50 of the 1976 Code is amended to read:
"Section 44-95-50. (A) A person who violates Section 44-95-20, 44-95-30, or 44-95-40 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than ten fifty dollars nor more than twenty-five dollars.
(B) A person in charge of a restaurant open and assessible to the public or a designated agent or employee of the restaurant, who observes a person smoking in violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violation of this section, the person in charge of the restaurant or the designated agent or employee of the restaurant shall ask the person to leave the premises.
(C) A person who refuses to extinguish all lighted tobacco products or leave the premises of a restaurant when asked to do so pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. COOPER moved to recommit the Bill to the Committee on Judiciary.
Rep. RUTHERFORD moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bales Bingham Brady Branham Breeland G. Brown R. Brown Ceips Cobb-Hunter Coleman Cotty Edge Emory Funderburk Govan Hagood Hamilton Harrison Haskins Herbkersman J. Hines Hiott Hodges Hosey Huggins Limehouse Littlejohn Mahaffey Martin McCraw McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson E. H. Pitts M. A. Pitts Rice Rivers Rutherford Scott Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stewart Talley Weeks Whipper
Those who voted in the negative are:
Bailey Ballentine Bannister Barfield Battle Cato Chellis Clark Clemmons Clyburn Coates Cooper Dantzler Davenport Delleney Duncan Frye Haley Hardwick Harrell Harvin Hayes Hinson Jefferson Jennings Kennedy Kirsh Leach Loftis Lucas McGee Miller Norman Ott Owens Perry Pinson Rhoad Sandifer Scarborough Simrill Sinclair G. M. Smith G. R. Smith W. D. Smith Taylor Thompson Toole Townsend Tripp Vaughn Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Battle Cato Chellis Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Frye Haley Hardwick Harrell Harrison Harvin Hayes Hinson Jennings Kennedy Kirsh Leach Loftis Lucas McGee Miller Neilson Norman Ott Owens Perry Rhoad Sandifer Scarborough Simrill Sinclair G. M. Smith W. D. Smith Taylor Thompson Toole Townsend Tripp Vaughn Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Bales Bingham Brady Branham Breeland G. Brown R. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Edge Emory Funderburk Govan Hagood Hamilton Haskins Herbkersman J. Hines Hiott Hodges Hosey Huggins Jefferson Limehouse Littlejohn Mahaffey Martin McCraw McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Parks Pinson E. H. Pitts M. A. Pitts Rice Rivers Rutherford Scott Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stewart Talley Weeks Whipper
So, the House refused to recommit the Bill.
Rep. HAGOOD spoke in favor of the amendment.
Rep. LEACH spoke against the amendment.
Rep. MERRILL spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. SANDIFER spoke against the amendment.
Rep. SANDIFER continued speaking.
Rep. KENNEDY spoke against the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. JEFFERSON spoke in favor of the amendment.
Rep. MAHAFFEY spoke in favor of the amendment.
Rep. SKELTON spoke in favor of the amendment.
Rep. OWENS spoke against the amendment.
Rep. COOPER moved to recommit the Bill to the Committee on Judiciary.
Rep. SCOTT moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bales Bingham Bowers Brady Branham Breeland J. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Emory Funderburk Govan Hagood Hamilton Haskins Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Limehouse Mahaffey McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Parks E. H. Pitts M. A. Pitts Rice Rivers Rutherford Scott Skelton D. C. Smith J. E. Smith J. R. Smith Stewart Talley Weeks
Those who voted in the negative are:
Bailey Ballentine Bannister Barfield Battle G. Brown Cato Chellis Clark Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Haley Hardwick Harrell Harrison Harvin Hayes Kirsh Leach Littlejohn Loftis Lucas Martin McCraw McGee Miller Neilson Norman Ott Owens Perry Pinson Rhoad Sandifer Scarborough Simrill G. M. Smith G. R. Smith Thompson Toole Townsend Tripp Umphlett Vaughn Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Battle G. Brown Cato Chellis Clark Clemmons Coates Cooper Dantzler Delleney Duncan Edge Frye Haley Hardwick Harrell Harrison Harvin Hayes Kennedy Kirsh Leach Littlejohn Loftis Lucas McCraw McGee Miller Neilson Norman Ott Owens Perry Pinson Rhoad Sandifer Scarborough Simrill G. M. Smith G. R. Smith Thompson Toole Townsend Tripp Umphlett Vaughn Viers White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Bales Bingham Bowers Brady Branham Breeland J. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Davenport Emory Funderburk Govan Hagood Hamilton Haskins Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Limehouse Mahaffey Martin McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Parks E. H. Pitts M. A. Pitts Rice Rivers Rutherford Scott Skelton D. C. Smith J. E. Smith Stewart Talley Weeks Whipper
So, the Bill was recommitted.
The following Bill was taken up:
H. 4879 (Word version) -- Reps. Vaughn, Walker, Pinson, Owens, Townsend, Loftis, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Leach, Littlejohn, Mahaffey, Merrill, E. H. Pitts, Rice, G. R. Smith, Taylor, Tripp and Mitchell: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR THE ELECTION OF THE MEMBERS OF THE BOARD BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND FROM THE STATE AT LARGE WITH ONE MEMBER APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, PROVIDE FOR VACANCIES, PROVIDE FOR REMOVAL OF A MEMBER, AND PROVIDE THAT A PERSON MAY NOT SERVE ON THE BOARD IF A MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.
Rep. MCLEOD proposed the following Amendment No. 1(Doc Name COUNCIL\AGM\18433AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 59-5-10(B), as contained in SECTION 1, page 3, lines 1-4.
Amend the bill further, by deleting in its entirety Section 59-5-10(D) and (E), as contained in SECTION 1, page 3, lines 8-25, and inserting:
/ (D) Each position on the board constitutes a separate office and the seats on the board are numbered consecutively in accordance with, and in the order of, the sixteen judicial circuits. The member appointed by the Governor shall occupy Seat Seventeen.
(E) In the initial elections, the General Assembly shall elect those members of the board of trustees from judicial circuits One, Five, Nine, and Thirteen in 2007, members from judicial circuits Two, Six, Ten, and Fourteen in 2008, members from judicial circuits Three, Seven, Eleven, and Fifteen in 2009, and members from judicial circuits Four, Eight, Twelve, and Sixteen in 2010. Each of the members elected by the General Assembly shall serve a term of four years. /
Amend the bill further, by deleting in its entirety Section 59-5-10(J), as contained in SECTION 1, page 4, lines 9-15, and inserting:
/ (J) The board Governor shall select its appoint the chairman and the board shall select the other officers to serve for such terms as the board may designate. Provided, and the Superintendent of Education shall serve as secretary and administrative officer to the board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such powers and duties as may be determined by the board not inconsistent with the law. /
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. VAUGHN moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Bingham Brady Branham Cato Ceips Chellis Clark Clemmons Coates Dantzler Davenport Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Jefferson Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin Merrill Moody-Lawrence Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Talley Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks White Witherspoon Young
Those who voted in the negative are:
Agnew Bales Battle Bowers Breeland G. Brown J. Brown R. Brown Cobb-Hunter Coleman Delleney Emory Frye Funderburk Govan Harvin Hayes Hodges Hosey Howard Jennings Kennedy Lucas McCraw McGee McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott G. M. Smith J. E. Smith Whipper
So, the amendment was tabled.
Rep. OTT moved to recommit the Bill to the Committee on Education and Public Works.
Rep. WALKER moved to table the motion.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bingham Brady Cato Clemmons Coates Cooper Davenport Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill G. R. Smith Stewart Talley Toole Townsend Tripp Umphlett Vaughn Walker
Those who voted in the negative are:
Agnew Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Chellis Clark Cobb-Hunter Coleman Delleney Emory Frye Funderburk Govan Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Lucas Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks M. A. Pitts Rhoad Rivers Rutherford Scott Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Thompson Weeks Whipper White Young
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill.
Rep. VAUGHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Chellis Clark Clyburn Coates Cobb-Hunter Coleman Delleney Emory Frye Funderburk Govan Harvin Hayes Herbkersman Hodges Hosey Howard Jefferson Jennings Kennedy Lucas Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Thompson Weeks Whipper White Young
Those who voted in the negative are:
Ballentine Bannister Barfield Bingham Brady Cato Clemmons Cooper Dantzler Davenport Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Merrill Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Scarborough Simrill G. R. Smith Stewart Talley Toole Townsend Tripp Umphlett Vaughn Walker
So, the motion to recommit the Bill was agreed to.
The following Joint Resolution was taken up:
H. 4880 (Word version) -- Reps. Vaughn, Loftis, Walker, Pinson, Owens, E. H. Pitts, Townsend, Leach, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Littlejohn, Mahaffey, Merrill, Rice, G. R. Smith, Taylor and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE COMPOSITION OF THE BOARD AND PROVIDE THAT THE COMPOSITION OF THE BOARD MUST BE AS THE GENERAL ASSEMBLY SHALL SPECIFY BY LAW.
Rep. VAUGHN moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted:
H. 4932 (Word version) -- Reps. Cotty and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE SECTIONS 59-152-10 THROUGH 59-152-160 AS ARTICLE 1, FIRST STEPS.
The following Bill was taken up:
H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18348MM06), which was adopted:
Amend the bill, as and if amended, Section 23-23-30 as found in SECTION 1, pages 3-5, by deleting Section 23-23-30 in its entirety and inserting:
/ Section 23-23-30. (A) There is hereby created a South Carolina Law Enforcement Training Council consisting of the following eleven members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the South Carolina Department of Probation, Parole and Pardon Services;
(4) the Director of the South Carolina Department of Corrections;
(5) the Director of the South Carolina Department of Natural Resources;
(6) the Director of the South Carolina Department of Public Safety;
(7) one chief of police from a municipality having a population of less than ten thousand. This person must be appointed by the Governor for a term of four years;
(8) one chief of police from a municipality having a population of more than ten thousand. This person must be appointed by the Governor for a term of four years;
(9) one county sheriff from a county with a population of less than fifty thousand. This person must be appointed by the Governor for a term of four years; and
(10) one county sheriff from a county with a population of more than fifty thousand. This person must be appointed by the Governor for a term of four years.
(11) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail. This person must be appointed by the Governor for a term of four years.
(B)(1) The members provided for in subitems (A)(1) through (A)(6) above shall be ex officio members with full voting rights.
(2) The members provided for in subitems (A)(7) through (A)(11) above shall serve their stipulated terms beginning January 1, 2007.
In the event that a vacancy arises, it must be filled for the remainder of their term by appointment or election and confirmation of the original authority granting membership on the basis of the above referenced criteria.
(C) This council shall meet for the first time within ninety days after January 1, 2007, and shall elect one of its members as chairperson and one of its members as vice chairperson. These officers shall serve a term of one year and may be reelected. After the initial meeting, the council shall meet at the call of the chairperson, or at the call of the majority of the members of the council, but it shall meet no fewer than four times a year.
(D) Members of the council shall serve without compensation. A council member who terminates his office or employment which qualifies him for appointment shall immediately cease to be a member of the council. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. MCGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21149SD06), which was adopted:
Amend the bill, as and if amended, in Section 23-23-60 of the 1976 Code, as contained in SECTION 1, by striking subsection (B)(5)(b) which begins on line 32, page 8 and inserting:
/ (b) evidence satisfactory to the director that the candidate holds a valid current state driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as state or local correctional officers may hold a valid current driver's license issued by any jurisdiction of the United States;/
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
Rep. THOMPSON proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\21195SD06), which was adopted:
Amend the bill, as and if amended, by striking Section 23-23-30 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 23-23-30. (A) There is hereby created a South Carolina Law Enforcement Training Council consisting of the following eleven members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the South Carolina Department of Probation, Parole and Pardon Services;
(4) the Director of the South Carolina Department of Corrections;
(5) the Director of the South Carolina Department of Natural Resources;
(6) the Director of the South Carolina Department of Public Safety;
(7) one chief of police from a municipality having a population of less than ten thousand. This person must be appointed by the Governor and shall serve at his pleasure;
(8) one chief of police from a municipality having a population of more than ten thousand. This person must be appointed by the Governor and shall serve at his pleasure;
(9) one county sheriff from a county with a population of less than fifty thousand. This person must be appointed by the Governor and shall serve at his pleasure;
(10) one county sheriff from a county with a population of more than fifty thousand. This person must be appointed by the Governor and shall serve at his pleasure; and
(11) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail. This person must be appointed by the Governor and shall serve at his pleasure.
(B)(1) The members provided for in subitems (A)(1) through (A)(6) above shall be ex officio members with full voting rights.
(2) The members provided for in subitems (A)(7) through (A)(11) above shall begin serving on January 1, 2007.
In the event that a vacancy arises, it must be filled by appointment or election and confirmation of the original authority granting membership on the basis of the above referenced criteria.
(C) This council shall meet for the first time within ninety days after January 1, 2007, and shall elect one of its members as chairperson and one of its members as vice chairperson. These officers shall serve a term of one year and may be reelected. After the initial meeting, the council shall meet at the call of the chairperson, or at the call of the majority of the members of the council, but it shall meet no fewer than four times a year.
(D) Members of the council shall serve without compensation. A council member who terminates his office or employment which qualifies him for appointment shall immediately cease to be a member of the council. /
Renumber sections to conform.
Amend title to conform.
Rep. THOMPSON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Thompson Toole Townsend Umphlett Vaughn Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Young
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal, G. M. Smith and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.
Rep. WEEKS explained the Bill.
Rep. SKELTON spoke against the Bill.
Rep. SKELTON moved to recommit the Bill to the Committee on Education and Public Works.
Rep. WEEKS moved to table the motion.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bales Bannister Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Frye Funderburk Govan Haley Hardwick Harrell Harvin Hayes Herbkersman Hinson Hodges Hosey Howard Jefferson Jennings Kennedy Lucas Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Rhoad Rivers Rutherford Sandifer Scarborough Scott Simrill G. M. Smith J. E. Smith J. R. Smith Talley Thompson Townsend Umphlett Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bingham Duncan Edge Hagood Hamilton Harrison Haskins Huggins Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Norman Perry Pinson E. H. Pitts M. A. Pitts Rice Skelton D. C. Smith G. R. Smith Stewart Toole Vaughn Walker
So, the motion to recommit the Bill was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bailey Bales Ballentine Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Emory Frye Funderburk Govan Haley Hardwick Harrell Harvin Haskins Hayes Herbkersman Hinson Hodges Hosey Howard Jefferson Jennings Kennedy Lucas Martin McCraw McGee Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Parks M. A. Pitts Rhoad Rutherford Sandifer Scott Simrill G. M. Smith J. E. Smith J. R. Smith Talley Thompson Townsend Umphlett Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Bannister Duncan Edge Hagood Hamilton Harrison Huggins Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Owens Perry Pinson E. H. Pitts Rice Scarborough Skelton D. C. Smith G. R. Smith Stewart Toole Tripp Vaughn Walker
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4089 (Word version) -- Reps. Bingham and Cotty: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF EMPLOYEES FROM THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE CERTAIN EMPLOYEES OF A RESIDENTIAL CONSTRUCTION COMPANY AS BEING EXEMPT.
Rep. CHELLIS moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted:
S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.
Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted:
H. 4382 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A COUNTY DEPARTMENT OF SOCIAL SERVICES IN EACH COUNTY AND THE CREATION AND COMPOSITION OF AN ADVISORY BOARD FOR EACH COUNTY DEPARTMENT, SO AS TO ABOLISH THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES; AND TO REPEAL SECTIONS 43-3-20, 43-3-30, AND 43-3-40, ALL RELATING TO THE RIGHTS, DUTIES, AND RESPONSIBILITIES OF THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES.
The following Bill was taken up:
H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.
Reps. E. H. PITTS and J. E. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6874HTC06), which was tabled:
Amend the bill, as and if amended, by adding a penultimate SECTION, appropriately numbered to read:
/ SECTION __. Article 6, Chapter 111, Title 59 of the 1976 Code is amended to read:
Section 59-111-410. As used in this article, 'tuition' means the amount charged for registering for a credit hour of instruction and shall must not be construed to mean any other fees or charges, or costs of textbooks, or costs of room or board.
Section 59-111-420. (A) A member of the South Carolina National Guard enrolled as a student in state-supported institutions of higher learning or technical colleges, as these institutions are enumerated in Section 59-111-340, is exempt from one-half of the tuition charges for up to twelve credit hours as long as the student is a member in good standing of the South Carolina National Guard. The student must be a resident of South Carolina in order to be eligible for such one-half this tuition exemption. This one-half tuition exemption may be claimed for a period of five years as long as the member is in the National Guard or until the receipt of member receives a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and has the authority to issue an exemption for one-half of the tuition fees for up to twelve credit hours per semester to a member of the South Carolina National Guard so qualifying to a student who qualifies. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.
(B) [Reserved]The one-half tuition benefits provided by this section are optional with the particular institution or college and are based on availability of seats. Availability of seats shall be determined on a course-by-course basis during registration by the institution or college.
(C) If the student terminates his enlistment in or ceases to be a member in good standing of the South Carolina National Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.
(D) To receive the exemption, a student must be a member in good standing of the South Carolina National Guard for the entire semester for which the exemption is claimed shall maintain a minimum 2.0 grade point average each semester. If the student fails to achieve the minimum grade point average, the student shall pay the institution all charges from which the student was exempt for that semester.
(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.
(F) The State Commission on Higher Education shall validate the South Carolina National Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution.
Section 59-111-430. The credit hours generated by students who are members of the South Carolina National Guard receiving one-half tuition under the tuition exemption pursuant to this article shall must not be used in computing the higher education funding formula and shall may not have an impact on the level of funding an institution receives.
Section 59-111-440. The provisions of this article are applicable beginning with the fall semester or quarter of 1995 and thereafter 2006." /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS moved to table the amendment, which was agreed to.
Reps. E. H. PITTS and J. E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7393AHB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Section 59-111-110 of the 1976 Code is amended to read:
"Section 59-111-110. (A) No tuition may be charged for a period of four school years by any state-supported college or university or any state-supported vocational or technical school for children of:
(1) children of firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law enforcement officers, or corrections officers, as defined herein, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in the line of duty on or after July 1, 1964;
(2) children of government employees who become totally disabled or are killed in the line of duty while working on state time on or after July 1, 1996, as a result of a criminal act committed against them which constitutes a felony under the laws of this State; or
(3) children in the custody of the Department of Social Services pursuant to court order or children formerly in the custody of the Department of Social Services who currently are participating in a Department of Social Services program for children transitioning from foster care to independent living.
(B) The tuition authorized to be paid by this section applies only to undergraduate courses or curriculum and may be paid for a period not exceeding four years, regardless of the number of state-supported colleges, universities, or state-supported vocational or technical schools the child attends. As used in this section, 'four years' is defined as a maximum of eight semesters, including a fall and a spring semester, and does not include a summer term."
SECTION 2. Section 59-111-170 of the 1976 Code is amended to read:
"Section 59-111-170. (A) An Application application for the free tuition provided for in this article shall must be filed with the governing body of the institution and shall must be accompanied by:
(1) proof or evidence of the death or total disability of the parent of the applicant and such proof or evidence that the injury or death occurred in the line of duty as considered necessary by such the governing body, which shall have; or
(2) verification by the Department of Social Services that the applicant is a child in the custody of the Department of Social Services pursuant to court order or is a child formerly in the custody of the Department of Social Services who currently is participating in a Department of Social Services program for children transitioning from foster care to independent living.
(B) The governing body of the institution has sole discretion in granting or not granting free tuition."
SECTION 3. (A) There is created a Study Committee to review all tuition waivers currently provided by law and to determine the feasibility of providing tuition waivers for members of the National Guard.
(B) The Study Committee must be composed of seven members appointed as follows:
(1) two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2) two members of the Senate appointed by the President Pro Tempore of the Senate;
(3) the Adjutant General or his designee;
(4) one member appointed by the Governor; and
(5) the Chairman of the Commission on Higher Education or his designee.
(C) The Study Committee shall render its report and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2007, at which time the Study Committee must be dissolved.
SECTION 4. This act takes effect upon approval by the Governor and applies to the first complete semester that a student attends after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Bailey Bales Ballentine Bannister Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Thompson Toole Tripp Vaughn Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. J. H. NEAL moved that the House do now adjourn.
Rep. VAUGHN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers J. Brown Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Emory Funderburk Govan Hagood Harrell Harvin Hayes Hodges Hosey Howard Jefferson Kennedy Kirsh Martin McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts Rhoad Rivers Rutherford Sandifer Scarborough Scott Skelton J. E. Smith Townsend Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Bingham Cato Chellis Davenport Delleney Duncan Edge Haley Hamilton Hardwick Haskins Herbkersman Hinson Huggins Leach Loftis Lucas Merrill Norman M. A. Pitts Rice Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Thompson Tripp Vaughn
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 5047 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1956 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.
H. 5048 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO WELCOME INTO THE WORLD KATE PATRICK THROWER, DAUGHTER OF KEITH AND HELEN ANN THROWER OF COLUMBIA, WHO WILL SOON CELEBRATE HER FIRST BIRTHDAY, AND TO WISH HER GOOD HEALTH, IMMENSE HAPPINESS, AND EVERY SUCCESS IN THE WORLD AS SHE EMBARKS ON HER LIFE JOURNEY.
At 5:25 p.m. the House, in accordance with the motion of Rep. ANDERSON, adjourned in memory of 12-year old Thomas Trenaire Nesmith III and 9-year old Tomelis Kinard Nesmith of Hemingway, who lost their lives in a house fire, to meet at 10:00 a.m. tomorrow.
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