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 Romans 8:5b: "Those who live in accordance with the spirit have their minds set on what the spirit desires."
Let us pray. Almighty God, Your grace is sufficient for all our needs. Be present with this body of Representatives and staff. Fill them with the spirit of fairness and concern for those in whom they serve. Provide them with the wisdom to make the right choice. Bless our Nation, President, State, Governor, Speaker, staff and all who lead. Protect our defenders of freedom 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. COATES moved that when the House adjourns, it adjourn in memory of Irene Rogers of Dillon, which was agreed to.
The following was received:
Columbia, S.C., May 2, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 489:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220, AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60, 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; 58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F. N. Smith, J. E. Smith, W. D. Smith, Talley, Townsend, Tripp, Vick, Walker, White and Witherspoon: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4633 (Word version) -- Reps. Bingham, Cato, Tripp, Chellis, Loftis and Bailey: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J. E. Smith, Thompson and Tripp: A BILL TO AMEND SECTION 56-10-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO AUTHORIZE THE CANCELLATION OF A CONTRACT OR INSURANCE POLICY IF THE INSURED FAILS TO PAY THE PREMIUM FOR THE POLICY OR AN INSTALLMENT OF THE PREMIUM WHEN IT IS DUE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED, WITH THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT SHALL RECEIVE REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO REQUIRE INCIDENTS INVOLVING CRIMINAL INTENT TO BE REPORTED TO LAW ENFORCEMENT; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR A LOCAL DISABILITIES BOARD MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REPORTING INCIDENTS INVOLVING CRIMINAL INTENT TO LAW ENFORCEMENT, SO AS TO FURTHER CLARIFY THIS REPORTING REQUIREMENT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS MAY ALSO BE MADE BY THE SPECIAL INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND LOCAL DISABILITIES BOARDS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott, Grooms, Elliott, Verdin and Williams: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Cato, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith and Young: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Ordered for consideration tomorrow.
The following was introduced:
H. 5083 (Word version) -- Rep. Brady: A HOUSE RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM ON ITS SEVENTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE IN NEW YORK CITY ON MARCH 21-26, 2006, AND TO HONOR THESE DISTINGUISHED STUDENTS AND THEIR ADVISOR, LYNN WASHINGTON, FOR THIS UNPRECEDENTED ACCOMPLISHMENT.
The Resolution was adopted.
The following was introduced:
H. 5084 (Word version) -- Reps. Mitchell, 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, 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, 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 RECOGNIZE AND HONOR MR. TERRY MATTHEW MOORE OF SPARTANBURG COUNTY UPON HIS RETIREMENT AS DIRECTOR OF THE NORTHWEST RECREATION CENTER AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5085 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOILER SAFETY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3034, PURSUANT TO THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5088 (Word version) -- Reps. Sandifer, Whitmire and Martin: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 5086 (Word version) -- Reps. Rutherford, 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, 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, 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 EXPRESSING THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PARTICIPATING RESTAURANTS WHO GENEROUSLY OFFERED UP THE FINEST AND TASTIEST SOUTHERN CUISINE ON THE GROUNDS OF THE STATE HOUSE AT THE HOSPITALITY ASSOCIATION OF SOUTH CAROLINA'S TASTE OF SOUTH CAROLINA LEGISLATIVE LUNCHEON, WEDNESDAY, APRIL 19, 2006.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5087 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SANDRA MILFORD OF ABBEVILLE COUNTY FOR HER OUTSTANDING COMMITMENT AND DEDICATION TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. BALES, with unanimous consent, the following was taken up for immediate consideration:
H. 5089 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott, J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bannister, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND COUNTY ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Lower Richland Girls Basketball Team of Richland County on a date and at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 5090 (Word version) -- Reps. Hardwick, 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, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, 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 HONOR WELLAND BURNSIDE OF HORRY COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY IN VOLUNTEERISM, AND TO CONGRATULATE HIM FOR RECEIVING A PRESTIGIOUS PRUDENTIAL SPIRIT OF COMMUNITY AWARD IN RECOGNITION OF THE WORK HE HAS DONE IN BENEFITING THE LIVES OF OTHERS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1383 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO CELEBRATE THE REMARKABLE LIFE OF MR. WILLIAM D. TAYLOR, SR., OF CLINTON, ON THE JOYOUS OCCASION OF HIS NINETY-THIRD BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1384 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE KATHLEEN K. "KATHY" WILLIAMS, CERTIFIED ASSOCIATION EXECUTIVE OF COLUMBIA, UPON BEING CHOSEN THE 2006 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hodges Hosey Howard Huggins Jefferson Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal 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 G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Walker Weeks White Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, May 3.
Ted Vick Denny Neilson Thad Viers Fletcher Smith Jackson "Seth" Whipper G. Murrell Smith Douglas Jennings Jerry Govan William R. "Bill" Whitmire Bill Cotty Ralph Davenport
The SPEAKER granted Rep. HIOTT a leave of absence for the day due to a death in the family.
Reps. EDGE and VIERS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 27.
Announcement was made that Dr. Matt Gullickson of Aiken is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 5056 (Word version)
Date: ADD:
05/03/06 G. M. SMITH
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 PERRY
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 BALLENTINE
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 BOWERS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 BATTLE
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HAGOOD
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HARVIN
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 LEACH
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 MCGEE
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 COATES
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 OWENS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 M. A. PITTS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 TALLEY
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 TAYLOR
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HASKINS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 BRADY
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 JENNINGS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 RICE
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 VAUGHN
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 E. H. PITTS
Bill Number: H. 5056 (Word version)
Date: ADD
05/03/06 TOOLE
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HERBKERSMAN
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 MERRILL
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HUGGINS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 YOUNG
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 D. C. SMITH
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 DUNCAN
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 CHALK
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 LOFTIS
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 HARDWICK
Bill Number: H. 5056 (Word version)
Date: ADD:
05/03/06 BINGHAM
Bill Number: H. 5057 (Word version)
Date: ADD:
05/03/06 E. H. PITTS
Bill Number: H. 4501 (Word version)
Date: ADD:
05/03/06 HODGES
Bill Number: H. 3132 (Word version)
Date: ADD:
05/03/06 HINSON
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 5065 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE TAXES WHICH WERE IMPOSED IN DILLON COUNTY FOR SCHOOL PURPOSES FOR FISCAL YEAR 2005-2006 ARE REIMPOSED FOR FISCAL YEAR 2006-2007.
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.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1370 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
S. 1365 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-5-1626, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, TO PROVIDE FOR CONTRACT SELECTION CRITERIA, AND TO REPEAL SECTION 57-5-1625.
Rep. TOWNSEND explained the Bill.
The following Bill was taken up:
H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E. H. Pitts: 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.
Rep. CEIPS explained the Bill.
Reps. TRIPP, HAGOOD, HAYES, WHITE, COOPER, RICE, J. BROWN, SCOTT, HOSEY, OTT, COBB-HUNTER, MACK, CLYBURN, ALTMAN, MERRILL, CATO, RHOAD, MOODY-LAWRENCE, SCARBOROUGH, R. BROWN, WHIPPER, F. N. SMITH, ANDERSON, COATES, HERBKERSMAN and JEFFERSON requested debate on the Bill.
Rep. HALEY moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted:
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.
The following Bill was taken up:
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 moved to commit the Bill to the Committee on Education and Public Works, which was agreed to.
Rep. HAYES moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted:
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.
The following Bill was taken up:
H. 4501 (Word version) -- Reps. G. R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M. A. Pitts, Rhoad, Rutherford, Scarborough, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White, Young and Hodges: A BILL TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.
Rep. G. R. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18453MM06), which was adopted:
Amend the bill, as and if amended, Section 48-1-10( ) as found in SECTION 1, by deleting the undesignated item in its entirety and inserting:
/ ( ) 'Ephemeral stream' means streams that (a) generally have defined natural watercourses that flow only in direct response to rainfall or snowmelt and in which discrete periods of flow persist no more than twenty-nine consecutive days per event, (b) are Waters of the United States as determined by the United States Army Corps of Engineers pursuant to 33 C.F.R. 328, and (c) are not excluded from Waters of the United States pursuant to applicable law. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. MCLEOD requested debate on the Bill.
Rep. G. R. SMITH continued speaking.
Rep. WITHERSPOON moved to table the amendment, which was not agreed to.
The amendment was then adopted by a division vote of 27 to 23.
Rep. WITHERSPOON moved to adjourn debate on the Bill until Tuesday, May 9, which was agreed to.
Rep. DUNCAN asked unanimous consent to recall H. 3753 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. H. NEAL objected.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. VICK objected.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Judiciary:
S. 1059 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-1-190, RELATING TO AN EXPRESSION OF APOLOGY BETWEEN AND AMONG PARTIES OR POTENTIAL PARTIES TO A CIVIL ACTION, SO AS TO ENCOURAGE A STATEMENT OF APOLOGY BETWEEN A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, AND PATIENTS EXPERIENCING AN UNANTICIPATED OUTCOME RESULTING FROM THEIR MEDICAL CARE.
The Senate amendments to the following Bill were taken up for consideration:
H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED.
Rep. TALLEY explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Rep. J. BROWN moved to adjourn debate upon the Senate Amendments until Thursday, May 4, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Rep. VAUGHN proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18372MM06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Section 7-5-110 of the 1976 Code is amended to read:
"Section 7-5-110. (A) No A person shall be is not allowed to vote at any election unless he shall be is registered as herein required by the provisions of this chapter.
(B) A person is not allowed to vote in a partisan primary election or partisan advisory referendum unless he has registered as being a member of that party.
(C) The provisions of this section do not apply to a partisan presidential preference primary.
(D) The State Election Commission shall assist the county entities charged by law with registering electors with capturing the data and maintaining a list of all electors registered by party affiliation. To expedite the registration of electors, the county entities shall allow electors to register by party, if they wish, at all partisan primary elections conducted before June 2008.
(E) After the first primary is conducted under the provisions of this section, the entity charged by law with registering qualified electors shall contact the qualified electors of that county, by whatever method it determines to be appropriate, informing them of partisan primary voting procedures as provided in this section.
(F) The State Election Commission shall provide a format for absentee voting registration to comply with the provisions of this section."
B. Section 7-5-170 of the 1976 Code, as last amended by Act 239 of 2004, is further amended to read:
"Section 7-5-170. (1) Written application required. -- No A person may not be registered to vote except upon written application which shall become that becomes a part of the permanent records of the board to which it is presented and which must be open to public inspection. However, the social security number contained in the application as required by this section must not be open to public inspection.
(2) Form of application. -- The application must be on a form prescribed and provided by the executive director and shall must contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, political party affiliation, if any, and location of prior voter registration. The applicant must shall affirm that he is not under a court order declaring him mentally incompetent, confined in any public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must shall take the following oath: 'I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that I am a member of the ...... political party. I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' Any applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense.
(3) Administration of oaths. -- Any A member of the registration board, deputy registrar, or any a registration clerk must be qualified to administer oaths in connection with the application.
(4) Decisions on applications. -- Any A member of the registration board, deputy registrar, or registration clerk may pass on the qualifications of the prospective voter. In case of a question of an applicant being refused registration, at least one member of the board shall pass on the qualifications of the voter. A concise statement of the reasons for the refusal must be written on the application."
C. Section 7-9-20 of the 1976 Code is amended to read:
"Section 7-9-20. (A) The qualifications for membership in a certified party and for voting at a party primary election include the following:
(1) the applicant for membership, or voter, must be at least eighteen years of age or become so before the succeeding general election,; and
(2) must be a registered elector, and a citizen of the United States, and of this State.; and
(3) has registered as a member of the certified party.
(B) No A person may not belong to any a party club or vote in any a primary unless he is a registered elector and a member of that party. The state convention of any political party, organization, or association in this State may add by party rules to the qualifications for membership in the party, organization, or association and for voting at the primary elections if such the qualifications do not conflict with the provisions of this section or with the Constitution and laws of this State or of the United States.
(C) The entity charged by law with conducting a primary shall allow an elector to change his political party affiliation by executing an affidavit not later than thirty days before the primary. During that time, an elector may execute an affidavit declaring that he desires not to be affiliated with a political party. The affiliation with a political party or as a nonpartisan is valid until changed by the qualified elector pursuant to the provisions of this section.
(D) When a qualified elector presents himself at a polling place to vote in a primary election, the entity charged by law with conducting the election or its representative shall require the qualified elector to sign an affidavit affirming that he is a member of the party conducting the primary. If the qualified elector does not sign this affidavit, he is declared to be nonpartisan and he may not vote in a partisan primary election."
D. Notwithstanding the provisions of this act, in all primaries conducted before June 2008, an elector is permitted to vote if he has not signed the affidavit required by this act. After May 31, 2008, all political party primaries must be conducted pursuant to the provisions of this act.
E. This section takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with procedures in designating emergency polling places. He stated that the substantial effect of the amendment attempted to allow the registration of voters by party. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. TALLEY explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Joint Resolution were taken up for consideration:
H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Thursday, May 4, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolutions:
H. 4871 (Word version) -- Reps. Harrell and Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 3, 2006, AT 12:00 NOON, IMMEDIATELY BEFORE THE FOLK HERITAGE AND ELIZABETH O'NEILL VERNER AWARDS AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AND MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL, AND OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
H. 4699 (Word version) -- Reps. Jennings, 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, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, 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 INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 3, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, RECOGNIZING AND COMMENDING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA, AND INVITING THE WINNERS OF THE 2006 ELIZABETH O'NEILL VERNER AWARDS TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES IMMEDIATELY FOLLOWING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS CEREMONY TO RECOGNIZE AND COMMEND THE 2006 ELIZABETH O'NEILL VERNER AWARD WINNERS FOR THEIR OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.
The PRESIDENT recognized Rep. PHILLIPS, Chairman of the Screening Committee for the State Colleges Boards and Universities.
Rep. PHILLIPS, Chairman of the Joint Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that the following candidates had been screened and found qualified: Mr. Bill Biggs and Mr. Jennings McAbee.
Rep. PHILLIPS stated that Mr. Jennings McAbee had withdrawn from the race, and placed the name of the remaining candidate, Mr. Bill Biggs, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Bill Biggs was duly elected for the term prescribed by law.
Rep. PHILLIPS, Chairman of the Joint Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that the following candidates had been screened and found qualified: Mr. Joseph Wayne George and Mrs. Ann Kirven Sanders.
Rep. PHILLIPS stated that Mrs. Ann Kirven Sanders had withdrawn from the race, and placed the name of the remaining candidate, Mr. Joseph Wayne George, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Joseph Wayne George was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for three At-Large Seats on the Old Exchange Building Commission.
Rep. PHILLIPS stated that the following candidates had been screened, found qualified, and placed their names in nomination: John S. Coussons, Retta Sanders, and Anne T. Alford.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that John S. Coussons, Retta Sanders, and Anne T. Alford were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for two seats on the Legislative Audit Council.
Rep. HARRISON, on behalf of the Screening Committee, stated that Susan B. Hoag and S. Jahue "Jake" Moore had been screened, found qualified, and placed their names in nomination.
On motion of Rep. HARRISON, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Susan B. Hoag and S. Jahue "Jake" Moore were duly elected for the term prescribed by law.
The 2006 Jean Laney Harris Folk Heritage Award Winners were escorted to the rostrum by Senators Verdin, Grooms and O'Dell and Representatives TAYLOR, UMPHLETT, G. R. SMITH and THOMPSON.
Lt. Gov. Bauer made the following opening remarks:
"Today, we are convened for a very special occasion: the presentation of not just one, but both, of our State's highest cultural awards. On behalf of the South Carolina General Assembly, it is my privilege to welcome the winners of the 2006 Elizabeth O'Neill Verner/Governor's Awards for the Arts and the recipients of the 2006 Jean Laney Harris Folk Heritage Awards. We are glad to have you all here today to celebrate the presentation of these awards, which represent South Carolina's highest honors in the arts and traditional culture. As we begin, I would also like to recognize the organizations that coordinate the presentation of these awards. First, members of the South Carolina Arts Commission, who are seated in the gallery. The commission administers the Verner Awards and co-administers the Folk Heritage Awards with the McKissick Museum of USC. Would the members of the Arts Commission please stand? And members of the McKissick Museum's Advisory Council, members of which are also seated in the gallery, please stand and be recognized. On this special occasion, we recognize the achievements and contributions of individuals and organizations that have distinguished themselves as outstanding participants in our State's cultural life. As patrons, stewards, creators, and tradition bearers, these notable citizens enrich all of our lives and strengthen the educational, economic, and social fabric of our great State. By recognizing these South Carolinians for their achievements, we likewise recognize the important role that the arts play in our lives as individuals, in our communities, and in our State as a whole. Now I would like to invite the Speaker of the House of Representatives, Bobby Harrell, to do the honor of introducing this year's award recipients."
SPEAKER HARRELL made the following remarks:
"Thank you, Lt. Governor Bauer. We begin today with the Jean Laney Harris Folk Heritage Awards, which help us remember that the many traditions of our State's cultures are important and that they must be preserved and passed on. Without a conscious effort to preserve these arts, they can easily be lost in the fast pace and noise of today's culture. It is my honor to present this year's Folk Heritage Awards:
Mac Arnold, Blues musician, Pelzer.
Mac Arnold and his 12 siblings were raised on a sharecropper's farm in Pelzer. Blues music was not seen favorably by his parents, so Mr. Arnold had to sneak off to listen to the blues on a friend's radio. He was particularly drawn to Chicago-style blues, and, in 1966, joined the legendary Muddy Waters band in the Windy City. He went on to play with the house band for the television show, 'Soul Train'. Mr. Arnold returned to his family farm in the late 1980's and began playing the blues again, combining Chicago and Piedmont styles to form Mac Arnold and A Plate Full O'Blues. The group produced its first recording in 2005 and has topped blues charts internationally since then.
Lena Allen Davis, Shape-note musician, Anderson.
Known as Sister Lena to many, Lena Allen Davis has worked tirelessly to maintain the rich, shape-note choral tradition in South Carolina. In 1997, she organized the Community Workshop Choir to preserve and extend the tradition, which can be traced back to the late 1700's. This 30-member group represents 19 African-American churches across Anderson County. The choir's CD, 'I'll Sing His Praise,' has brought the folk art of shape-note singing to the larger arts community in the State.
T.C. Foster, Old-time fiddler, Laurens.
T.C. Foster was destined to play the fiddle. As a youth he listened to his father's fiddle-playing on the front porch for hours at a time. By age 17, Mr. Foster was a capable fiddler. He is known for his bow style, mirroring the techniques of many Piedmont and Appalachian fiddlers of the early 20th Century. Although he never played on a professional stage, Mr. Foster has performed with a number of well-known musicians throughout the Piedmont. One of the last surviving 'old time' fiddlers, Mr. Foster continues to share the fiddling style with young and old audiences.
Guy and Tina Faulk, Advocates for bluegrass music, Bethera.
Guy and Tina Faulk's Bluegrass Pickin' Parlor in rural Berkeley County has attracted countless local musicians and bands on Saturday nights for more than 25 years. Bluegrass musicians of all ages and skill levels are welcomed to share and polish their music skills. The jam sessions and bluegrass performances are as much about building community relationships as they are the singers and their instruments, say the Faulks. Their passion and dedication to bluegrass music have helped foster interest in this folk music tradition.
Before we continue on with the presentation of the Verner Awards, I would like to invite Mac Arnold and then members of the Community Workshop Choir to grace us with brief selections to remind us once again of the real power of the arts."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The 2006 Elizabeth O'Neill Verner Award Winners were escorted to the rostrum by Senators Lourie, Leatherman, Richardson, Alexander, Martin, Gregory, Hayes and Land and Representatives HARRISON, J. BROWN, RUTHERFORD, COATES, CHALK, SKELTON, EMORY AND MILLER.
SPEAKER HARRELL made the following remarks:
"The Elizabeth O'Neill Verner Awards honor the many important roles that individuals, organizations, and public agencies play in bringing the arts to life for our people. Among today's honorees, we recognize those who produce the artistic experiences that we treasure and those who help make those experiences possible in a variety of ways. It is my honor to present to you this year's winners of the Verner Awards:
Christine Sides Fisher, Arts in Education.
Ms. Fisher is the director of South Carolina's renowned Arts in Basic Curriculum Project. A former music teacher, she has been devoted to promoting quality arts education in South Carolina for more than two decades. Ms. Fisher continuously travels the State, working to make certain that comprehensive and sequential arts programs are in place for all students and are working effectively. Throughout her career she has been a tireless and persuasive advocate for arts education, making her case at the local, state, and national levels. She was twice selected as a school and school district 'Teacher of the Year,' and was twice identified as one of the top five teachers in the State. In 1998 she was chosen as the South Carolina 'Teacher of the Year', and she is the only music teacher to hold that honor in the program's 41-year history.
The Arts Center of Coastal Carolina, Arts Organization.
Bringing cultural enrichment and outreach services to nearly 80,000 residents and tourists and 10,000 education participants annually, the Arts Center of Coastal Carolina provides significant benefits to the local economy and more than 1,000 artists each year. The center presents theater and music, exhibits national and regional artists, and provides arts education programs and free community outreach services and festivals. The Arts Center has been nationally recognized and featured in numerous publications, and the Beaufort Housing Authority has recognized the Center's dedicated support of the Housing Authority's youth programs.
The South Carolina Department of Mental Health: Art of Recovery Program, Government.
The Art of Recovery program gives individuals living with mental illness an opportunity to exhibit and sell their work. Administered by staff volunteers, the program was created to help eradicate the stigma often associated with mental illness. Open to all individuals who receive care from the Department of Mental Health, the program has assisted more than 350 artists from around the State during the past five years. Art of Recovery has received grants from the Cultural Council of Richland and Lexington Counties and the Aurora Foundation, and has been recognized by WIS, WOLO, WLTX, the Beaufort Gazette and The Post and Courier.
Marvin-Joe Merck, Individual.
Mr. Merck's contributions to the arts in South Carolina span more than four decades and several arts disciplines. An educator, director, performer and visual artist, he has continuously volunteered his time, talent and resources. Mr. Merck has received several national grants and was selected as 'Teacher of the Year' at both Hanna and West Side High Schools in Anderson County. In retirement, he continues to teach at Furman University's Learning in Retirement Program and at Southern Wesleyan University's Lakes and Mountains Summer Institute. The South Carolina Theatre Association honored Mr. Merck's devotion to the arts in 1993 with its 'Founder's Award.'
Bob Doster, Individual Artist.
Bob Doster has been an influential artist in both the education and commercial realms for more than 30 years. His monumental sculptures and functional artwork can be seen in galleries, museums, private collections and in public displays worldwide. A South Carolina native, Doster has contributed to the education of over 100,000 students as an artist in residence. Doster has received the 'Hero of South Carolina 2001 Year of the Child Award' and the South Carolina Downtown Development Association 'Award for Outstanding New Idea.' He has also received the 'Best of Show' award in the Marion Hagins Art Exhibition and won numerous first-place art awards.
David C. Sennema, Lifetime Achievement.
David Sennema laid the groundwork for several of South Carolina's most vital cultural organizations. He was the first Executive Director of the South Carolina Arts Commission and the first General Manager of the Columbia Music Festival Association, which developed the South Carolina Philharmonic under his direction. He also planned and organized the construction of the South Carolina State Museum, while serving as its founding executive director. He worked for the National Endowment for the Arts in Washington, D.C., and established a master's degree program in arts administration at Sangamon State University in Springfield, Ill., where he was Director of the Community Arts Management Program. Mr. Sennema was honored with the Order of the Palmetto by Governor Riley in 1986 for successfully completing the development of the State Museum. In his retirement, Mr. Sennema continues his involvement in the arts by volunteering, serving on boards of directors, writing and performing.
Charles Wadsworth, Special Award.
For nearly three decades, Charles Wadsworth has introduced thousands of South Carolinians to internationally acclaimed chamber music. He hosts and performs in the daily chamber music concerts at the Spoleto Festival USA in Charleston and leads the Charles Wadsworth and Friends chamber music series in Columbia, Camden, Beaufort and Hartsville. Honored with international recognition for his contributions and achievements, Mr. Wadsworth was named a 'Chevalier in the Order of Arts and Letters' in France and a 'Cavaliere Ufficiale in the Order of Merit' in Italy. He has also received New York's Handel medallion, South Carolina's Order of the Palmetto, and honorary doctorates from the University of South Carolina, Converse College and Connecticut College."
Lt. Gov. Bauer made the following closing remarks:
"I would like to close this ceremony by thanking all of our winners for all they have done for the people of our State. Thank you all for coming. This Joint Assembly is now adjourned."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. LEACH moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day to attend a funeral.
The question of a quorum was raised.
A quorum was later present.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3784DW06), which was adopted:
Amend the concurrent resolution, as and if amended, page 2, lines 8 through 16, by striking the first paragraph after the resolving clause and inserting:
/ That the members of the General Assembly request the South Carolina High School League to schedule the annual State High School Football Championships at a facility on the campus of other colleges or universities which meet the same seating capacity and other criteria as the Williams-Brice Stadium at the University of South Carolina in order to expose the participants in the event to other colleges and universities in which they may be interested in attending. The game should rotate each year between Williams-Brice Stadium and other stadiums that meet the same seating capacity and other criteria as Williams-Brice Stadium. /
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted by a division vote of 29 to 27.
The Senate amendments, as amended, were then agreed to and the Concurrent Resolution was ordered returned to the Senate.
The following House Resolution was taken up:
H. 5056 (Word version) -- Reps. Scarborough, Limehouse, Altman, G. M. Smith, Perry, Ballentine, Bowers, Battle, Hagood, Harvin, Leach, McGee, Coates, Owens, M. A. Pitts, Talley, Taylor, Haskins, Brady, Jennings, Rice, Vaughn, E. H. Pitts, Toole, Herbkersman, Merrill, Huggins, Young, D. C. Smith, Duncan, Chalk, Loftis, Hardwick and Bingham: 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.
Whereas, the House of Representatives strongly supports the right of students, faculty, and staff at the schools and colleges of this State to engage in prayer; and
Whereas, every citizen of South Carolina should be able to pray in a manner and at a time that is right for them; and
Whereas, the United States Supreme Court however has imposed certain limitations on the right to prayer based on the First Amendment of the United States Constitution prohibiting the governmental establishment of religion. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express their strong support for the right of prayer at the schools and colleges of this State consistent with constitutional limitations and restraints.
The Resolution was adopted.
The motion period was dispensed with on motion of Rep. WALKER.
Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, May 4, 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:
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21140SD06), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59, Chapter 35 of the 1976 Code is amended by adding:
Section 59-35-210. (A) There is created the South Carolina Child Development Education Two-Year Pilot Program. This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis. The program shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education. The South Carolina Department of Social Services shall serve as the fiscal agent for the program during the two-year pilot.
(B) As used in this chapter, the term:
(1) 'At-risk' means any child whose family income makes them eligible for the free or reduced price lunch program or Medicaid.
(2) 'Department' means the State Department of Education.
(3) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(4) 'Private provider' means a provider other than a public school approved to deliver the school-year four-year-old kindergarten program described in this chapter.
(5) 'Program' means education services provided by either public or private providers to serve at-risk four-year-old children.
(6) 'Provider' means either a state approved public or private program provider chosen by the parent.
(7) 'Public provider' means a public school approved to deliver the school-year four-year-old kindergarten program described in this chapter.
(8) 'Resident school district' means the public school district in which a child resides.
Section 59-35-220. (A) Beginning with the 2006-2007 school year and continuing through the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Two-Year Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et al. vs. South Carolina:
(1) Allendale;
(2) Dillon 2;
(3) Florence 4;
(4) Hampton 2;
(5) Jasper;
(6) Lee;
(7) Marion 7;
(8) Orangeburg 3.
With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et al. vs. South Carolina. Priority shall be given to implementing the program in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as authorized pursuant to Section 59-139-70 may only be used to fund teacher salary supplements and fringe benefits as required by Section 59-20-50. During the implementation of the pilot program, no funds appropriated by the General Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff districts.
(B) The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General Assembly by January 1, 2008. The report shall include a comparative evaluation of children served in the pilot program and children not served in the pilot program. Additionally, based on the evaluation of the pilot program, the Education Oversight Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to all four-year-old at-risk children in the State.
(C) Annually, any unexpended funds from the prior year for this program shall be carried forward and used by the First Steps to Readiness Board of Trustees and the State Department of Education to provide funds to school districts and private providers for services to children zero to three years of age in the districts outlined in subsection (A).
Section 59-35-230. (A) Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the school year, and meets the at-risk criteria established in this chapter is eligible for enrollment in the South Carolina Child Development Education Two-Year Pilot Program for one year.
(B) The parent of each eligible child may enroll the child in one of the following programs:
(1) A school-year four-year-old kindergarten program delivered by an approved public provider, or
(2) A school-year four-year-old kindergarten program delivered by an approved private provider.
(C) The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms prescribed by the South Carolina Department of Social Services and must be accompanied by a copy of the child's birth certificate, immunization documentation, and an appropriate free and reduced lunch application form or statement of Medicaid eligibility.
(D) In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year. This shall consist of six and one-half hours of instructional time daily and one hundred eighty days per year. Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
(E) No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this article. Nothing in this article prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
Section 59-35-240. (A) Providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the South Carolina Department of Social Services. The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this article, and will comply with all reporting and assessment requirements.
(B) Providers shall:
(1) comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(2) comply with all state and local health and safety laws and codes;
(3) comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
(4) be accountable for meeting the education needs of the child and report regularly to the parent on his progress;
(5) comply with all program, reporting, and assessment criteria required of providers;
(6) maintain individual student records for each child enrolled in the program to include, but not limited to, assessment data, health data, records of teacher observations, and records of parent and teacher conferences;
(7) designate whether extended day services will be offered to the parents of children participating in the program; and
(8) be approved, registered, or licensed by the Department of Social Services.
(C) Providers may limit student enrollment based upon space available. However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.
Section 59-35-250. The Education Oversight Committee, in consultation with the State Department of Education and the Office of First Steps to School Readiness, shall:
(1) develop a list of approved curricula for use in the program based upon established criteria and the South Carolina content standards;
(2) develop a list of approved pre-kindergarten readiness assessments to be used in conjunction with the program;
(3) establish criteria for awarding new classroom equipping grants;
(4) establish criteria for the parenting education program providers must offer; and
(5) establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications.
Section 59-35-260. (A) Providers of South Carolina Child Development Education Two-Year Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
(B) Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
(1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the South Carolina Department of Social Services;
(2) employ an education assistant with pre-service or in-service training in early childhood education;
(3) maintain classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio;
(4) offer a full day, center-based program with six and one-half hours of instruction daily for one hundred eighty school days.
(5) provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
(6) engage parents' participation in their child's educational experience that shall include a minimum of two documented conferences per year; and
(7) adhere to professional development requirements outlined in this article.
Section 59-35-270. Every classroom providing services to four-year-old children established pursuant to this article must have:
(1) a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years; and
(2) at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old. The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.
Section 59-35-280. The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these educational outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Two-Year Pilot Program to participate annually in a minimum of fifteen hours of professional development to include teaching children from poverty. Professional development shall provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
Section 59-35-290. Both public and private providers shall be eligible for transportation funds pursuant to Section 59-35-320 for the transportation of children to and from school. Nothing herein prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195. Providers shall not be responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.
Section 59-35-300. For all private providers approved to offer services pursuant to this article, the Office of First Steps to School Readiness shall:
(1) verify student enrollment eligibility;
(2) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(3) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(4) receive new classroom grant applications and make recommendations for approval based on approved criteria to the South Carolina Department of Social Services;
(5) coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs; and
(6) maintain a database of the children enrolled in the program.
Section 59-35-310. For all public school providers approved to offer services pursuant to this article, the State Department of Education shall:
(1) verify enrollment eligibility;
(2) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom teachers and educational assistants;
(3) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(4) receive new classroom grant applications and make recommendations for approval based on approved criteria to the South Carolina Department of Social Services;
(5) coordinate activities and promote collaboration with public and other private providers in developing and supporting four-year-old kindergarten programs; and
(6) maintain a database of the children enrolled in the program.
Section 59-35-320. (A) The General Assembly shall provide funding for the South Carolina Child Development Education Two-Year Pilot Program. For the 2006-2007 school year, the funded cost per child shall be three thousand seventy-seven dollars. Additionally, a reimbursement rate of one hundred eighty-five dollars will be appropriated to providers if they transport children to and from school. Providers who are reimbursed are required to retain records as required by their fiscal agent. For the 2007-2008 school year the funded cost per child shall be the same but shall be increased by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
(B) With funds appropriated by the General Assembly, the South Carolina Department of Social Services shall approve grants, based upon the recommendations of the State Department of Education for public providers and the Office of First Steps to School Readiness for private providers, of up to ten thousand dollars per class for the equipping of new classrooms.
Section 59-35-340. Pursuant to this article, the South Carolina Department of Social Services shall:
(1) develop the provider application form;
(2) develop the child enrollment application form;
(3) review and recommend approved providers to the State Board of Education and to the First Steps to School Readiness Board of Trustees for final approval. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
(4) maintain a list of curricula meeting the criteria approved pursuant to Section 59-35-250;
(5) maintain a list of all approved public and private providers;
(6) adopt procedures for payment of providers;
(7) grant lead teacher related-field waivers pursuant to Section 59-35-250;
(8) approve grants of up to ten thousand dollars for equipping new classrooms; and
(9) promulgate guidelines necessary for the implementation of the pilot.
Section 59-35-350. (A) The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development Education Two-Year Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008. Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the creation of and implementation of a statewide four-year-old kindergarten program for at-risk children. The report also shall include information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified teachers employed by private providers.
(B) To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be responsible for the collection and maintenance of data on the public state-funded full day and half-day four-year-old kindergarten programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state-funded programs provided through private providers. The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.
Section 59-35-360. If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this article, the General Assembly hereby declaring that it would have passed this article, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. KENNEDY raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. WALKER argued contra.
SPEAKER HARRELL stated that the Bill does not relate to four-year old kindergarten, but the substantial effect of the amendment was to establish a pilot program for four-year old kindergarten. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. WALKER moved to adjourn debate on the Bill until Thursday, May 4, which was agreed to.
The following Bill was taken up:
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.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. TOWNSEND moved that the House recur to the morning hour.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Battle Bowers Brady Branham G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Cotty Emory Frye Funderburk Govan Harvin Hosey Howard Jefferson Jennings Kennedy Littlejohn Mahaffey Martin McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rivers Scott Sinclair Skelton D. C. Smith J. E. Smith Taylor Toole Townsend Vick Walker Weeks Whipper Whitmire Witherspoon
Those who voted in the negative are:
Allen Anthony Bailey Ballentine Bannister Barfield Bingham Cato Ceips Chalk Chellis Clemmons Coleman Cooper Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kirsh Leach Limehouse Loftis Lucas Mack McCraw McGee Merrill Mitchell Norman Perry M. A. Pitts Rice Scarborough Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Thompson Tripp Umphlett Vaughn Viers White Young
So, the House refused to recur to the morning hour.
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.
Rep. J. H. NEAL moved to adjourn debate on the Bill.
Rep. COOPER moved to table the motion.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Bingham Brady Cato Ceips Chalk Chellis Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Neilson Norman Owens Perry E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Viers White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle Bowers Branham G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Harvin Hodges Hosey Howard Jefferson Jennings Kennedy Mack McCraw McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Pinson Rhoad Rivers Rutherford Scott J. E. Smith Vick Walker Weeks Whipper
So, the motion to adjourn debate was tabled.
I was temporarily out of the Chamber on business during the vote to adjourn debate on H. 4913. I wish the Journal to reflect I would have voted yes to table the motion to adjourn debate.
Rep. William R. Whitmire
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21151SD06), which was adopted:
Amend the bill, as and if amended, Section 12-6-545 as found in SECTION 6.A., pages 8-10, by deleting Section 12-6-545 in its entirety and inserting:
/Section 12-6-545. (A) As used in this section:
(1) 'Active trade or business income or loss' means income or loss of an individual, estate, trust, or any other entity except those taxed or exempted from tax pursuant to Sections 12-6-530 through 12-6-550 resulting from the ownership of an interest in a pass-through business. Active trade or business income or loss does not include:
(a)(i) passive investment income as defined in Internal Revenue Code Section 1362(d) generated by a pass-through business and income of the same type regardless of the type of pass-through business generating it; and
(ii) expenses related to passive investment;
(b) capital gains and losses;
(c) any payments for services referred to in Internal Revenue Code Section 707(c);
(d) amounts reasonably related to personal services. All amounts paid as compensation and all guaranteed payments for services, but not for the use of capital, as defined in Internal Revenue Code Section 707(c) are deemed to be reasonably related to personal services. In addition, if an owner of a pass-through entity who performs personal services for the entity is not paid a reasonable amount for those personal services as compensation or payments referred to in Internal Revenue Code Section 707(c), all of the owner's income from the entity is presumed to be amounts reasonably related to personal services. For purposes of this section, amounts reasonably related to personal services include amounts reasonably related to the personal services of the owner, the owner's spouse, and any person claimed as a dependent on the owner's income tax return.
(2) 'Pass-through businesses' mean sole proprietorships, partnerships, and 'S' corporations, including limited liability companies taxed as sole proprietorships, partnerships, or 'S' corporations.
(B)(1) Notwithstanding Section 12-6-510, an a taxpayer may elect annually to have the income tax at the rate provided in item (2) of this subsection is imposed annually on the active trade or business income received by the owner of a pass-through business. For joint returns, the election is effective for both spouses. The amount subject to tax pursuant to this section is not subject to tax pursuant to Section 12-6-510.
(2) The rate of the income tax imposed pursuant to this subsection is:
Taxable Year Beginning in Rate of Tax
2006 6.5 percent
2007 6 percent
2008 5.5 percent
after 2008 5 percent
(C) Notwithstanding any other provision of this chapter, active trade or business loss must first be deducted, dollar for dollar against active trade or business income. Any remaining active trade or business loss is multiplied by a fraction, the numerator of which is the rate of tax imposed pursuant to subsection (B)(2) of this section, and the denominator of which is the highest income tax rate imposed pursuant to Section 12-6-510. The resulting amount is deductible from income taxed under Section 12-6-510 if otherwise allowable.
(D) The department may issue guidance as to what expenses reduce active trade or business income.
(E)(1) Notwithstanding item (A)(1)(e) of this section, if a taxpayer owns an interest in one or more pass-through businesses that have a total gross income of less than one million dollars and taxable income of less than one hundred thousand dollars, then the taxpayer may elect, instead of determining the actual amount of active trade or business income related to his personal services, to treat fifty percent of his active trade or business income as not related to his personal services. For purposes of this item, the term taxpayer includes both taxpayers who file a joint return.
(2) The department may provide other methods that may be used to determine an amount that is considered to be unrelated to the owner's personal services if it determines that the benefits to the State of taxing income from personal services at a higher rate are insufficient to justify the burdens imposed on the taxpayer." /
Amend the bill further, Section 12-28-970, as found in SECTION 19.G, pages 23 and 24, by deleting subsection (G) in its entirety and inserting:
/ G. Section 12-28-970 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding:
"(C)(1) A back-up user fee equal to the user fee imposed by Section 12-28-310 is imposed on a liquid or gas that is not otherwise taxed pursuant to this chapter and that is commonly or commercially known or sold as a fuel suitable for use in a highway vehicle. The user fee is due upon the first receipt of the product when received from a source outside of South Carolina by any wholesaler, retailer, or end-user and the user fee is imposed upon, and is the liability of, the wholesaler, retailer, or end-user who first received the product into the State.
(2) A back-up user fee equal to the user fee imposed by Section 12-28-310 is imposed on any liquid or gas that is not otherwise taxed pursuant to this chapter and that is commonly or commercially known or sold as a fuel suitable for use in a highway vehicle. The user fee is due upon the first sale or use of the product when produced in this State by a person and the user fee is imposed upon the first in-state sale or use by that person. The user fee is imposed upon, and is the liability of, the producer of the product." /
Amend the bill further, Section 12-28-975(A), as found in SECTION 19.H, page 24, by deleting subsection H. in its entirety and inserting:
/ H. Section 12-28-975(A) and (C) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) If an exporter diverts motor fuel subject to the user fee removed from a terminal in this State from an intended destination outside South Carolina as shown on the terminal-issued shipping papers to a destination within this State, the exporter, in addition to compliance with the notification provided for by Section 12-28-780, shall notify and pay the user fee imposed by Section 12-28-310 to the State upon the same terms and conditions as if the exporter were an occasional importer licensed under Section 12-28-905(A) without deduction for the allowances provided by Section 12-28-960. The supplier and exporter under this subsection by mutual agreement may permit the supplier to assume the exporter's liability and adjust the exporter's user fees payable to the supplier.
(C) If an unlicensed importer diverts motor fuel subject to the user fee from a destination outside this State to a destination inside this State after having removed the product from a terminal outside South Carolina, the importer, in addition to compliance with the notification provided for by Section 12-28-1525, shall notify the State and shall pay the user fee imposed by this chapter to South Carolina upon the same terms and conditions as if the unlicensed importer were a licensed occasional importer subject to Section 12-28-905(A) without deduction for the allowances provided by Section 12-28-960. An importer who has purchased the product from a licensed supplier, by mutual agreement with the supplier, may permit the supplier to assume the importer's liability and adjust the importer's user fees payable to the supplier. " /
Amend the bill further, Section 12-28-1370(A), as found in SECTION 19.K, page 25, by deleting subsection K. in its entirety and inserting:
/ K. Section 12-28-1370(A) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) A person licensed as a transporter in this State engaged in interstate commerce shall file monthly reports with the department, on forms prescribed and furnished by the department, concerning the amount of motor fuel subject to the user fee transported by transport truck across the borders of this State from a point outside this State to a point inside South Carolina, from a point inside this State to a point outside South Carolina, or between two points in this State." /
Amend the bill further, SECTION 31, page 34, lines 41-42, by deleting SECTION 31 in its entirety and inserting:
/ SECTION 31. Sections 12-4-770 and 12-36-530 of the 1976 Code are hereby repealed. /
Amend the bill further, by adding appropriately numbered SECTIONS at the end to read:
/ SECTION ____. Section 12-6-5590(E) and (F) of the 1976 Code, as added by Act 145 of 2005, is amended to read:
"(E) A contribution of an otherwise "qualified conservation contribution" as defined in Section 170(h) of the Internal Revenue Code shall be deemed not to have the requisite donative intent if the underlying property is used for, or associated with, the playing of golf, or is planned to be so used or associated.
(F) The department shall examine the substance, rather than merely the form, of the contribution and related and surrounding transactions, and may use the step transaction, economic reality, quid pro quo, personal benefit, and other judicially developed doctrines in determining whether the requisite donative intent is present."
SECTION ____. Section 12-58-160(B) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(B) When the department releases a lien erroneously filed, notice of that fact must be mailed to the taxpayer and upon the request of the taxpayer, a copy of the release must be mailed forwarded to the major credit reporting companies in the county where the lien was filed . Submission of data under this section does not constitute a violation of Section 30-2-50.
SECTION ____. The fourth paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place."
SECTION ____. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-714. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
SECTION ___. Section 12-51-150 of the 1976 Code is amended to read:
"Section 12-51-150. In the case that the official in charge of the tax sale discovers before a tax title has passed, the failure of any action required to be properly performed, the official may void the tax sale and refund the amount paid, and the actual interest earned, to the successful bidder. If the full amount of the taxes, assessments, penalties, and costs have not been paid, the property must be brought to tax sale as soon as practicable." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Ways and Means Committee proposed the following correcting Amendment No. 2 (Doc Name COUNCIL\AGM\18416MM06), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3600. (A) For taxable years beginning after 2006, and before 2014, there is allowed a credit against the tax imposed pursuant to this chapter for any ethanol facility which is in production at the rate of at least twenty-five percent of its name plate design capacity for the production of ethanol, before denaturing, on or before December 31, 2009. The facility must be placed in use after 2006. The credit equals twenty cents a gallon of ethanol produced and is allowed for sixty months beginning with the first month for which the facility is eligible to receive the credit and ending not later than December 31, 2014. The credit only may be claimed if the ethanol facility maintains an average production rate of at least twenty-five percent of its name plate design capacity for at least six months after the first month for which it is eligible to receive the credit.
(B) As used in this section:
(1) 'Ethanol facility' means a plant or facility primarily engaged in the production of ethanol or ethyl alcohol derived from grain components, coproducts, or byproducts; and
(2) 'Name plate design capacity' means the original designed capacity of an ethanol facility. Capacity may be specified as bushels of grain ground or gallons of ethanol produced a year.
(C) An ethanol facility eligible for a tax credit under subsection (A) of this section also shall receive a credit against the tax imposed pursuant to this chapter the amount of twenty cents a gallon of ethanol produced in excess of the original name plate design capacity which results from expansion of the facility completed after 2006 and before 2009. The tax credit is allowed for sixty months beginning with the first month for which production from the expanded facility is eligible to receive the tax credit and ending not later than 2014.
(D)(1) Pursuant to this chapter, beginning January 1, 2014, an ethanol facility must receive a credit against the tax imposed in the amount of seven and one-half cents a gallon of ethanol, before denaturing, for new production for a period not to exceed thirty-six consecutive months.
(2) For purposes of this subsection, 'new production' means production which results from a new facility, a facility which has not received credits before 2014, or the expansion of the capacity of an existing facility by at least two million gallons first placed into service after 2014, as certified by the design engineer of the facility to the Department of Revenue.
(3) For expansion of the capacity of an existing facility, 'new production' means annual production in excess of twelve times the monthly average of the highest three months of ethanol production at an ethanol facility during the twenty-four-month period immediately preceding certification of the facility by the design engineer.
(4) Credits are not allowed pursuant to this subsection for expansion of the capacity of an existing facility until production is in excess of twelve times the three-month average amount determined pursuant to this subsection during any twelve-consecutive-month period beginning no sooner than January 1, 2014.
(5) The amount of a credit granted pursuant to this section based on new production must be approved by the Department of Revenue based on the ethanol production records as may be necessary to reasonably determine the level of new production.
(E)(1) The credits described in this section are allowed only for ethanol produced at a plant in this State at which all fermentation, distillation, and dehydration takes place. Credit is not allowed for ethanol produced or sold for use in the production of distilled spirits.
(2) Not more than twenty-five million gallons of ethanol produced annually at an ethanol facility is eligible for the credits in subsections (A) and (C) of this section, and the credits only may be claimed by a producer for the periods specified in subsections (A) and (C) of this section.
(3) Not more than ten million gallons of ethanol produced during a twelve-consecutive-month period at an ethanol facility is eligible for the credit described in subsection (D) of this section, and the credit only may be claimed by a producer for the periods specified in subsection (D) of this section.
(4) Not more than one hundred twenty-five million gallons of ethanol produced at an ethanol facility by the end of the sixty-month period set for in subsection (A) or (C) of this section is eligible for the credit under the subsection. An ethanol facility which receives a credit for ethanol produced under subsection (A) or (C) of this section may not receive a credit pursuant to subsection (D) of this section until its eligibility to receive a credit under subsection (A) or (C) of this section has been completed.
(E) The Department of Revenue shall prescribe an application form and procedures for claiming credits under this section.
(F) For purposes of ascertaining the correctness of any application for claiming a credit allowed pursuant to this section, the Department of Revenue may examine or cause to have examined, by any agent or representative designated for that purpose, any books, papers, records, or memoranda bearing upon these matters."
B.1. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3610. (A) As used in this section, renewal fuel means liquid nonpetroleum based fuels that can be placed in motor vehicle fuel tanks and used as a fuel in a highway vehicle. It includes all forms of fuel commonly or commercially known or sold as biodiesel and ethanol.
(B) A taxpayer that constructs and installs and places in service in this State a qualified commercial facility for dispensing renewable fuel is allowed a credit equal to twenty-five percent of the cost to the taxpayer against the taxpayer's liability for a tax imposed pursuant to this chapter constructing and installing the part of the dispensing facility, including pumps, storage tanks, and related equipment, that is directly and exclusively used for dispensing or storing renewable fuel. A facility is qualified if the equipment used to store or dispense renewable fuel is labeled for this purpose and clearly identified as associated with renewable fuel. The entire credit may not be taken for the taxable year in which the facility is placed in service but must be taken in three equal annual installments beginning with the taxable year in which the facility is placed in service. If, in one of the years in which the installment of a credit accrues, the portion of the facility directly and exclusively used for dispensing or storing renewable fuel is disposed of or taken out of service, the credit expires and the taxpayer may not take any remaining installment of the credit. The unused portion of an unexpired credit may be carried forward for not more than ten succeeding taxable years.
(C) A taxpayer that constructs and places in service in this State a commercial facility for processing renewable fuel is allowed a credit equal to twenty-five percent of the cost to the taxpayer of constructing and equipping the facility. The entire credit may not be taken for the taxable year in which the facility is placed in service but must be taken in seven equal annual installments beginning with the taxable year in which the facility is placed in service. If, in one of the years in which the installment of a credit accrues, the facility with respect to which the credit was claimed is disposed of or taken out of service, the credit expires and the taxpayer may not take any remaining installment of the credit. The unused portion of an unexpired credit may be carried forward for not more than ten succeeding taxable years.
(D) A taxpayer that claims any other credit allowed under this article with respect to the costs of constructing and installing a facility may not take the credit allowed in this section with respect to the same costs."
B.2. Section 12-6-3610 of the 1976 Code as added by this section is repealed effective for facilities placed in service after 2011.
B.3. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for facilities placed in service after 2006.
C. Article 7, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-745. (A) Renewable fuel exempt from tax pursuant to Section 12-28-710(A)(17), whether blended with other fuels or used in its pure state, is fully exempt from taxation and is not subject to the refund procedures contained in this article. If blended with other nonexempt motor fuels, the nonexempt portion of the blended fuel must be taxed as prescribed by law.
(B) The sale of fuels exempt from tax under Section 12-28-710(A)(17) must be documented and reported to the department by the supplier of renewable fuel according to procedures prescribed by the department."
D.1. Section 12-28-110(39) of the 1976 Code is amended to read:
"(39) 'Motor fuel' means gasoline, diesel fuel, renewable fuel, and blended fuel."
D.2. Section 12-28-110 of the 1976 Code is amended by adding at the end:
"(69) 'Biodiesel' means vegetable or animal based fuels used as a substitute for diesel fuel.
(70) 'Renewable fuel' means liquid nonpetroleum based fuels that can be placed in vehicle fuel tanks and used as a fuel in a highway vehicle. It includes all forms of fuel commonly or commercially known or sold as biodiesel and ethanol."
E. Section 12-28-710(A) of the 1976 Code is amended by adding a new item at the end to read:
"(17) renewable fuel sold from July 1, 2006 through June 30, 2011."
F. Section 12-28-990(A) of the 1976 Code is amended to read:
"(A) Each person blending materials on which the user fee has not been paid including blendstocks, additives, and fuel grade ethanol renewable fuels with motor fuels subject to the user fee as to which the user fee has been paid or accrued shall remit the user fee imposed by this chapter."
G. Except where otherwise provided, this SECTION takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. FUNDERBURK proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12490MM06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3587. (A) There is allowed as a tax credit against the income tax liability of a taxpayer imposed by this chapter an amount equal to twenty-five percent of the costs incurred by the taxpayer in the installation of a solar energy heating or cooling system, or both, in a building owned by the taxpayer. The tax credit allowed by this section must not be claimed before the completion of the installation, and must be claimed for the year that the costs are incurred. The amount of the credit may not exceed three thousand five hundred dollars or fifty percent of the taxpayer's tax liability for that taxable year, whichever is less. If the amount of the credit exceeds three thousand five hundred dollars, the taxpayer may carry forward the excess for up to ten years.
(B) 'System' includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling. The term 'system' does not include any land or structural elements of the building such as walls and roofs or other equipment ordinarily contained in the structure."
B. This SECTION takes effect upon approval by the Governor and applies to installation costs incurred in taxable years beginning on or after January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. KIRSH and HINSON proposed the following Amendment No. 4 (Doc Name COUNCIL\AGM\18418MM06), which was adopted:
Amend the bill, as and if amended, by adding and appropriately numbered SECTION to read:
/ SECTION ___. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3620. (A) For taxable years beginning after 2006, there is allowed a tax credit against the tax imposed pursuant to Section 12-6-530 for twenty-five percent of the costs incurred by a taxpayer for use of methane gas taken from a landfill to provide power for a manufacturing facility.
(B) The tax credit allowed by this section may not exceed fifty percent of the liability of the taxpayer for the tax imposed pursuant to Section 12-6-530. Unused credits may be carried forward for ten years.
(C) For purposes of this section, manufacturing facility is as defined in Section 12-6-3360(M)(5)." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\12487AC06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-635. (A) In addition to the tax imposed pursuant to Section 12-21-620(1), there is imposed an additional license tax equal to 1.5 cents on each cigarette made of tobacco or any substitute for tobacco. This tax must be increased by .25 cents on each cigarette made of tobacco or any substitute for tobacco each year over the following two years beginning one year after this section takes effect.
(B) The tax imposed pursuant to subsection (A) must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1).
(C)(1) There are created in the state treasury, separate and distinct from the general fund of the State, the Youth Smoking Prevention and Cessation Fund and the South Carolina Health and Prevention Fund. Four percent of the revenue generated by the tax imposed pursuant to this section must be credited to the Youth Smoking Prevention and Cessation Fund and monies in the fund must be used by the Department of Health and Environmental Control in accordance with the Centers for Disease Control recommended comprehensive programs using best practices for youth smoking prevention and cessation programs. One percent of the revenue generated by the tax imposed pursuant to this section must be credited to the Department of Agriculture for research and promotion of healthy lifestyles with food grown in this State. The remaining revenue generated by the tax imposed pursuant to this section must be credited to the South Carolina Health and Prevention Fund. In the annual appropriations act, the General Assembly shall appropriate the monies from the South Carolina Health and Prevention Fund to critical programs that meet health needs of South Carolinians, including using funds for a Medicaid match each year, as needed.
(2) These funds are exempt from budgetary cuts or reductions caused by the lack of general fund revenues. Earnings on investments of monies in the funds must be credited to the respective fund and used for the same purposes as other monies in the funds. Any monies in the funds not expended during a fiscal year must be carried forward to the succeeding fiscal year and used for the same purposes.
B. Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-515. Notwithstanding the provisions of Section 12-6-510, the individual state income tax rate for each income bracket is reduced by one-quarter of one percent."
C. This section takes effect January 1, 2007, and Section 12-6-515 of the 1976 Code, as added by Section 2 of this act, applies for taxable years beginning after 2006./
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. MCLEOD moved to divide the question, which was rejected.
Rep. COOPER moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Bailey Barfield Battle Bingham Brady Ceips Chalk Chellis Clemmons Coates Cobb-Hunter Cooper Davenport Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Harvin Hinson Hodges Howard Jennings Kennedy Kirsh Leach Limehouse Loftis Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal Neilson Norman Ott Parks Perry M. A. Pitts Rhoad Rutherford Sandifer Scarborough Simrill Skelton G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Thompson Townsend Tripp Umphlett Vaughn Viers Walker Weeks Whipper White Witherspoon Young
Those who voted in the negative are:
Agnew Anthony Bales Ballentine Bannister Bowers Branham G. Brown J. Brown R. Brown Clark Clyburn Coleman Cotty Dantzler Delleney Duncan Emory Funderburk Hagood Haskins Herbkersman Hosey Huggins Jefferson Littlejohn Lucas Martin J. M. Neal Owens Pinson E. H. Pitts Rice Rivers Scott D. C. Smith G. M. Smith Taylor Vick Whitmire
So, the amendment was tabled.
Rep. EDGE proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\21200SD06), which was tabled:
Amend the bill, as and if amended, by designating all existing sections as Part I of the bill;
Amend the bill further, as and if amended, by adding a new Part II to read:
SECTION 1. This part may be cited as the "South Carolina Educational Opportunity Scholarship Act".
SECTION 2. The purpose of this act is to:
(1) put parents in charge of their children's education;
(2) assist parents who reside in unsatisfactory schools;
(3) assist parents who have special needs children;
(4) expand educational opportunities for children of families in poverty;
(5) restore parental input in education; and
(6) improve public school performance.
SECTION 3. Title 12 of the 1976 Code is amended by adding:
Section 12-18-30. As used in this chapter, unless otherwise required by the context:
(1) 'Department' means the South Carolina Department of Revenue.
(2) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.
(3) 'Public school' means a public school as defined in Section 59-1-120.
(4) 'Qualifying student' means an individual:
(a) who is:
( i) enrolled at an independent school as a full-time student, as determined by the school, for which the school has a release of information form;
( ii) taught at home pursuant to Article 1, Chapter 65, Title 59; or
(iii) a resident of this State, and, if enrolled in a public school, is not a resident of the school district operating that public school;
(b) who is in kindergarten through grade twelve; and
(c) who is not receiving a scholarship pursuant to Article 6, Chapter 63, Title 59.
A student who is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510 is also considered a 'qualifying student' pursuant to this item.
Once a student becomes a 'qualifying student', the student is eligible for the tax credit program until he graduates from high school.
(5) 'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document the content of which must be limited to and include, the name and address of the school; the name, address and social security number of the qualifying student on whose behalf the tuition was paid; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. For a student taught at home pursuant to Article 1, Chapter 65, Title 59, 'receipt' means a document issued by the entity receiving a payment for tuition, which contains the name of the entity receiving the payment; the identity of the goods or services purchased; the date and amount of tuition paid; and, if the receipt is for personal services, the person's taxpayer identification number.
(6) 'Release of information form' means a form developed by a school that states that a parent or the legal guardian of the qualifying student consents to the release of the information contained in the receipt and is consistent with the requirements of 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.
(7) 'School' means a public school or independent school.
(8) 'State' means the government of the State of South Carolina.
(9) 'Tuition' means the amount charged for attending a public school when the student is not a resident of the school district or for attending an independent school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to, enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors, textbooks, school supplies, computers including hardware and software, fees for membership in an association that sets the academic standards for the student's home schooling program, and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.
Section 12-18-40. The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter; however, the department's power does not extend to matters of school governance, curriculum, hiring or firing, or religious beliefs or practices.
Section 12-18-50. The department may conduct examinations and investigations whenever it believes that the provisions of this chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted pursuant to this section.
Section 12-18-60. If a student wants to transfer to a different school district, the board of trustees of the school district to which the student wishes to transfer shall approve or disapprove the transfer. If the board of trustees approves the transfer, the board may estimate the tuition to charge the transferring student.
Section 12-18-70. The annual determinations required in this chapter to be made by the budget office must be used by the department to set the limits on the amount of credit that may be claimed pursuant to Section 12-18-310 for the tax year beginning after the December thirty-first immediately following the determinations.
Section 12-18-310. (A) A person is allowed a tax credit for tuition paid for qualifying students to attend a school. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title. Limitations upon the total amount of liability for taxes that can be reduced by the use of another credit allowed for that tax must be computed after the credit allowed by this section is used to reduce a tax liability pursuant to Chapter 6 of this title. The credit may be claimed only by the person who actually paid the tuition. More than one person may claim a credit for the payment of a portion of the qualifying student's total tuition but only if the person actually paid the portion and the total credit taken by all persons does not exceed, in the aggregate, the limits set in this section. If the person's receipt indicates that the aggregate tuition paid by all persons for the qualifying student exceeds the credit that may be claimed pursuant to this article, then that person may claim the credit only to the extent that the person's tuition payment does not exceed the allowable credit. No credit may be claimed by a person without a receipt. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer. Credits that are carried forward must be used in the order earned.
(B)(1) The credit claimed for each qualifying student pursuant to this article is one thousand dollars indexed each year to the consumer price index.
(2) Notwithstanding the provisions of item (1), the credit claimed for each physically or mentally handicapped student pursuant to this article may not exceed the lesser of the:
(a) actual tuition paid; or
(b) appropriate pupil classification weighting for that student pursuant to Section 59-20-40 multiplied by seventy-five percent of the projected state per pupil cost as promulgated by the Office of Research and Statistics.
(3) Notwithstanding the provisions of items (1) and (2), the credit claimed for a qualifying student who is taught at home pursuant to Article 1, Chapter 65, Title 59 may not exceed the lesser of the amount provided in item (1) or item (2) or five hundred dollars indexed each year to the consumer price index.
(C) If a qualifying student's enrollment in an independent school is terminated before the end of the school year, the independent school shall refund to the tuition payers any tuition paid that is applicable to a semester or term beyond the semester or term during which the qualifying student's enrollment is terminated. At the time of making the refund, the independent school shall issue a receipt reflecting the date, amount, and payee for each refund and shall provide a copy of the receipt to the department.
Section 12-18-320. The credit claimed pursuant to this article may not reduce the amount of funds distributed to school districts."
SECTION 4. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-610. (A) As used in this article:
(1) 'Failing public school' means a public school in the State that has received a rating of 'below average' or 'unsatisfactory' as its absolute grade on its most recent annual report card under the Education Accountability Act.
(2) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(3) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.
(4) 'Public school' means a public school in the State as defined in Section 59-1-120.
(B) This article only applies to a student:
(1) whose household income is less than two hundred percent of the federal poverty rate; or
(2) who is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510.
Section 59-63-620. (A) A student is eligible to transfer to a passing public school or an independent school if the student:
(1) has spent the prior school year in attendance at a failing public school;
(2) attended another public school and has been assigned to attend a failing public school;
(3) is entering kindergarten or first grade and has been assigned to a failing public school;
(4) resides in an area zoned for a failing school; or
(5) is determined by a school psychologist to be physically or mentally handicapped according to the definitions in Section 59-21-510.
(B) A student who meets the criteria in subsection (A) may contact the Department of Education for a list of independent schools and public schools.
Section 59-63-625. (A) If a student meets the criteria in Section 59-63-620 and chooses to transfer from a failing public school:
(1) to another public school in his resident district but not in his attendance area, the district shall adjust monetary differences between the schools;
(2) to another public school outside his resident district and if the receiving district accepts the transfer student, his resident school district shall reimburse that district for the cost of his attendance equal to seventy-five percent of the projected per pupil cost as promulgated by the Office of Research and Statistics; or
(3) to an independent school, the Department of Education shall issue a check to the parents or guardians and the independent school they select for the lesser of four thousand five hundred dollars indexed each year to the consumer price index or the cost of tuition fees at the independent school.
(B) Notwithstanding subsection (A) of this section or Section 59-63-620, if the student is determined by a school psychologist to be physically or mentally handicapped and the special needs student chooses to transfer from his school district to:
(1) another public school in his resident district but not in his attendance area, the district shall adjust monetary differences between the schools;
(2) another public school outside his resident district, his resident school district shall reimburse that district for the cost of his attendance equal to seventy-five percent of the projected per pupil cost as promulgated by the Office of Research and Statistics for the school district to which the student transfers; or
(3) an independent school, the Department of Education shall issue a check to the parents or guardians and the independent school they select for the lesser of an amount equal to the appropriate pupil classification weighting for that student pursuant to Section 59-20-40 multiplied by seventy-five percent of the projected state per pupil cost as promulgated by the Office of Research and Statistics or the cost of tuition fees at the independent school.
(C) A student who is taught at home is not eligible to receive a scholarship pursuant to this article.
Section 59-63-630. An independent school that accepts scholarship students pursuant to this article:
(1) shall comply with the federal anti-discrimination law, pursuant to 42 U.S.C. Section 2000(d);
(2) shall meet state and local health and safety laws and codes;
(3) shall comply with state statutes relating to independent schools;
(4) shall employ or contract with teachers who hold a baccalaureate or higher degree, or have at least three years of teaching experience in a public or independent school, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught;
(5) must be academically accountable to the parent or guardian for meeting the education needs of the student;
(6) shall administer to all students a nationally recognized achievement test and report the school's aggregate score to all parents;
(7) shall adhere to the tenets of the school's published disciplinary procedures prior to the expulsion of an educational opportunity scholarship program participant;
(8) shall accept scholarship students who meet the admissions criteria of the school on a random, religious neutral basis, without regard to the student's past academic history, with preference given to siblings of other scholarship students;
(9) may not compel a scholarship student to profess a specific ideological belief, to pray, or to worship; and
(10) shall demonstrate their financial viability by showing they can repay any funds that might be owed to the State, if they are to receive more than fifty thousand dollars in scholarship payments during the school year by filing with the Department of Revenue, before the beginning of the school year:
(a) a surety bond payable to the State in an amount equal to the aggregate amount of scholarship revenue expected to be paid to the school by participating families during the school year; or
(b) financial information that demonstrates that the school has the ability to pay an aggregate amount equal to the amount of scholarship revenue expected to be paid to the school by participating families during the school year.
Section 59-63-633. To ensure that schools provide academic accountability to parents of students in the educational opportunity scholarship program, participating schools annually shall administer either the state tests or nationally recognized, norm-referenced tests, or both, in math and language arts to each student participating in the program. Participating schools publicly shall disclose the aggregate results of the tests by grade level and provide the parents of each student with a copy of the results.
Section 59-63-635. (A) A failing public school shall:
(1) notify the parent of a student if the school is considered a failing public school pursuant to Section 59-63-610; and
(2) present the parent with his options of:
(a) sending the student to an independent school;
(b) sending the student to another public school; or
(c) keeping the student at the failing school.
(B) The parent of the student shall:
(1) notify the Department of Education and the school district of the decision to transfer the student from a failing public school to an independent or public school, or from an independent or public school back to another independent or public school;
(2) have access to the school's aggregate testing information;
(3) arrange for transportation of the student to the independent school or to the district boundary or a mutually agreed upon location, if the student chooses to attend a public school outside his district.
(C) The student shall remain in attendance throughout the school year, unless excused for illness or good cause, and comply with the school's code of conduct.
Section 59-63-637. The Department of Education shall make scholarship payment by check payable to the transferring student's parent or legal guardian and to the school at which the scholarship is to be used. The check may be delivered or mailed by the Department of Education to the school at which the scholarship is to be used. All payees must endorse the check. The check may be endorsed by the school on behalf of the student's parent or legal guardian if the parent or legal guardian has placed on file with the school written authorization to endorse the check.
Section 59-63-640. Once a student transfers from a failing school pursuant to this article, the student is eligible for the scholarship program until he graduates from high school regardless of a subsequent change in the rating of the school from which he transferred.
Section 59-63-645. If a qualifying student's enrollment in an independent school is terminated before the end of the school year, the independent school shall pay to the State on a pro rata basis any excess tuition paid. At the time of making the refund, the independent school shall issue a receipt reflecting the date, amount, and payee for each refund and shall provide a copy of the receipt to the Department of Revenue.
Section 59-63-647. The Department of Revenue may promulgate regulations to aid in the performance of its duties pursuant to this chapter; however, its power does not extend to matters of school governance, curriculum, hiring or firing, or religious beliefs or practices.
Section 59-63-648. The Department of Revenue may conduct examinations and investigations whenever it believes that the provisions of this chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted pursuant to this section.
Section 59-63-650. (A) Annually, the State Budget and Control Board shall provide for the preparation of a report on the impact of the implementation of this chapter on school enrollment and state and local funding of public schools for the fiscal year most recently completed. The report must include, but need not be limited to, an analysis of and statement on the:
(1) change in public school enrollment, by school district, attributable to this chapter; and
(2) amount of funds the State would have had to expend for public schools under the education funding formula in existence on or before the enactment of this chapter and the amount actually expended by the State in public schools.
(B) The report must be submitted by December first of each year to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.
Section 59-63-655. (A)(1) In addition to the annual report as provided in Section 59-63-650, the State Budget and Control Board shall provide for a long-term evaluation of the impact of this chapter. The evaluation must be conducted by contract with one or more qualified persons or entities with previous experience evaluating school choice programs and must be conducted for a minimum of five years beginning five years after enactment of this section. The evaluation must include an assessment of the:
(a) level of parental satisfaction for parents of students participating in the scholarship program provided for in this chapter;
(b) level of parental satisfaction for parents of students in failing public schools;
(c) academic performance of participating independent schools and failing public schools;
(d) level of student satisfaction with the scholarship program provided for in this chapter;
(e) level of student satisfaction for students attending failing public schools;
(f) impact of the provisions of this chapter on public school districts, public school students, independent schools, and independent school students; and
(g) impact of the provisions of this chapter on school capacity, availability, and quality.
(2) The evaluation must be conducted using appropriate analytical and behavioral science methodologies and must protect the identity of participating schools and students by, at a minimum, keeping anonymous all disaggregated data other than that for the categories of grade, gender, race, and ethnicity. The evaluation of public and independent school students must compute the relative efficiency of public and independent schools, the value added to educational performance by independent schools relative to failing public schools, and a comparison of acceptance rates into college, while adjusting or controlling for student and family background.
(B) State and local government entities shall cooperate with the persons or entities conducting the evaluation provided for in subsection (A). Cooperation includes providing available student assessment results and other information needed to complete the evaluation.
(C) The State Budget and Control Board shall pay the cost of the evaluation from funds available to it for that purpose except that state funds used must not exceed four hundred thousand dollars per year.
(D) By January thirty-first of each year, the State Budget and Control Board shall provide to each member of the General Assembly interim reports of the results of the evaluation. Upon completion of the evaluation, the State Budget and Control Board shall provide a final report to each member of the General Assembly. At the same time as the final report is made public, the persons or entities who conducted the evaluation must make their data and methodology available for public review and inspection, but only if the release of the data and methodology is in compliance with 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.
Section 59-63-660. The provisions of this article regarding independent schools only apply to independent schools that choose to accept scholarship students."
SECTION 5. (A) A qualifying school that accepts students benefiting from scholarships, grants, or tax credits is not an agent or arm of the state or federal government.
(B) Except as provided by this part, the Department of Education, Department of Revenue, Budget and Control Board, or any other state agency may not regulate the educational program of a qualifying school that accepts students pursuant to this part.
(C) One purpose of this part is to allow maximum freedom to parents and independent schools to respond to and provide for the educational needs of children without governmental control, and this part must be liberally construed to achieve that purpose.
SECTION 6. If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this part is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this part, the General Assembly hereby declaring that it would have passed this part, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This part takes effect upon approval by the Governor and applies at the start of the first school year beginning one year after approval of this part by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. KENNEDY raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill had a broad effect - including the creation of tax credits. He stated further that Amendment No. 7 had the substantial effect of creating a tuition tax credit for parents sending children to school. He therefore overruled the Point of Order.
Rep. OTT raised the Point of Order that the Bill was out of order under House Rule 4.4 in that no statewide Bill directly appropriating money shall be considered by the House until it has been referred to the Ways and Means Committee.
SPEAKER HARRELL stated that H. 4913 had been referred to the Ways and Means Committee and he overruled the Point of Order.
Rep. OTT raised the Point of Order that Amendment No. 7 was out of order under House Rule 4.4 in that it directly appropriated money and should be referred to the Ways and Means Committee.
SPEAKER HARRELL stated that the Rule only applied to Bills, not proposed amendments, and he overruled the Point of Order.
Rep. EDGE continued speaking.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY continued speaking.
Rep. KENNEDY spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. BINGHAM spoke in favor of the amendment.
Rep. HINSON spoke in favor of the amendment.
Rep. HINSON spoke in favor of the amendment.
Rep. HALEY spoke in favor of the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN continued speaking.
Rep. HARVIN 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 Anderson Battle Bowers Branham Breeland Clark Clyburn Cobb-Hunter Funderburk Harvin Hodges Hosey Howard Jefferson Jennings Kennedy Mack McLeod Miller Mitchell J. H. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Sinclair J. E. Smith Vick Walker Weeks Whipper
Those who voted in the negative are:
Agnew Bailey Bales Ballentine Bannister Barfield Bingham Brady G. Brown Cato Ceips Chalk Chellis Clemmons Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kirsh Leach Limehouse Loftis Lucas Martin McCraw McGee Merrill Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn White Whitmire Witherspoon Young
So, the House refused to adjourn.
Rep. COBB-HUNTER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Coleman Cooper Funderburk Govan Harvin Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Littlejohn Mack Martin McCraw McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson Rhoad Rivers Rutherford Sandifer Scott Sinclair Skelton D. C. Smith J. E. Smith Townsend Vick Walker Weeks Whipper White Whitmire
Those who voted in the negative are:
Bailey Ballentine Bannister Barfield Bingham Cato Ceips Chalk Chellis Clemmons Coates Dantzler Davenport Delleney Duncan Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Leach Limehouse Loftis Lucas Mahaffey McGee Merrill Norman Perry E. H. Pitts M. A. Pitts Rice Scarborough Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Thompson Toole Tripp Umphlett Vaughn Witherspoon Young
So, the amendment was tabled.
I did not vote on the tabling motion on Amendment No. 7 to H. 4913. I wanted to have an up or down vote on this Amendment.
Rep. J. Adam Taylor
I was temporarily out of the House Chamber during the vote on Amendment No. 7 to H. 4913, due to a family emergency. Had I been present I would have voted to table this Amendment.
Rep. Bill Cotty
Reps. KIRSH and DAVENPORT proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\21186SD06), which was adopted:
Amend the bill, as and if amended, in Section 20 which begins on line 38, page 25, by inserting immediately after Section 20, line 38, / A. / and by adding a new subsection B. to SECTION 20 to read:
/ B. Chapter 6, Title 61 of the 1976 Code is amended by adding:
Section 61-6-720. Notwithstanding any other provision of this title, a person who operates in this State a bakery for the preparation of food items, in which food items alcoholic beverages are used as ingredients, and which food items are manufactured for and sold at wholesale, must apply for a special bakery food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverages from a wholesaler licensed pursuant to Section 61-6-100(2), or from a retailer licensed pursuant to Section 61-6-100(3), or from a manufacturer in containers holding greater quantities of alcoholic liquor than wholesalers or retailers have authority to sell. The department must establish the form of the application for the special bakery food manufacturer's license. The license fee for this biennial license is one thousand dollars. Alcoholic liquor purchased pursuant to this section may only be used in the preparation of food items. The department must revoke the special bakery food manufacturer's license of any operator which permits the consumption of alcoholic liquor as a beverage of liquor purchased pursuant to this section or which transfers alcoholic liquor purchased pursuant to this section to any other person. /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 9 (Doc Name COUNCIL\BBM\9451HTC06), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION __. A. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-140. With respect to millage imposed to service general obligation debt incurred by a political subdivision or a school district of this State and the calculation of the limits on bonded indebtedness imposed on political subdivisions and school districts pursuant to Article X, Sections 14 and 15 of the Constitution of this State, when a complete or partial successor-in-interest to, or other transferee of, the political subdivision or school district or other associate of any kind of a political subdivision or school district, undertakes all or a portion of the operation or assumes all or a portion of a duty of the political subdivision or school and in so doing incurs debt, that debt is deemed general obligation debt of the political subdivision or school district."
B. The provisions of this section apply with regard to all transfers made after June 30, 2006, to which Section 12-37-140 of the 1976 Code, as added by this section, applies. /
Renumber sections to conform.
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Rep. VAUGHN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with tax credits, the amendment dealt with property taxes and payment of local bonded indebtedness for school districts. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. SCARBOROUGH proposed the following Amendment No. 10 (Doc Name COUNCIL\NBD\12506AC06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 12-28-310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-310. Subject to the exemptions provided in this chapter, a user fee of sixteen eleven cents a gallon is imposed on all gasoline used or consumed in this State and upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles. The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section does not affect the method of collecting the user fee as provided in this chapter. The user fee imposed by this section must be collected and paid at those times, in the manner, and by those persons specified in this chapter. The license user fee imposed by this section shall be is in lieu of all sales, use, or other excise tax which may otherwise be imposed by any municipality, county, or other local political subdivision of the State."
B. Section 12-28-2720 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-2720. The proceeds from ten seven and thirty-four hundredths cents a gallon of the user fee on gasoline only as levied and provided for in this chapter must be turned over to the Department of Transportation for the purpose of that department."
C. Section 12-28-2725 of the 1976 Code is amended to read:
"Section 12-28-2725. Of the ten and thirty-four hundredths cents user fee on gasoline imposed pursuant to this chapter, An amount equal to twenty-five hundredths of a cent on each gallon subject to the user fee imposed by this chapter must be used by the department for mass transit.
The State Auditor annually shall conduct an audit to include an in-depth financial review of the state's regional transit authorities and eleemosynary organizations acting as regional transit authorities receiving funds from the Department of Transportation. Reimbursement for the audit must be paid from the funds provided in this section. A copy of the audit must be provided to the department. A report on these audits annually must be submitted to the General Assembly."
D. Section 12-28-2730(A) of the 1976 Code, as last amended by Act 187 of 2002, is further amended:
"(A) An amount equal to the product of one percent of the proceeds from multiplied by thirteen cents multiplied by the number of gallons subject to of the gasoline user fee imposed pursuant to this chapter must be transmitted to the Department of Natural Resources for a special water recreational resources fund of the State. All balances in the fund must be carried forward annually so that no part of it reverts to any other fund."
E. Section 12-28-2910 of the 1976 Code is amended to read:
"Section 12-28-2910. The first eighteen million dollars generated from three cents of the user fee levied in this chapter must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the user fee must be deposited to replenish the account to the extent and in an amount necessary to maintain an uncommitted and/or an unobligated fund balance of eighteen million dollars but not to exceed eighteen million dollars for the ensuing fiscal year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan, which must be submitted to the General Assembly on completion of the plan. The council may spend not more than sixty thousand dollars annually for a state infrastructure model.
All interest earnings on the Economic Development Account must be credited to the State Highway fund."
F. Section 12-36-2120(15) of the 1976 Code is amended to read:
"(15)(a) motor fuel, blended fuel, and alternative fuel subject to tax under Chapter 28 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) if the fuel tax is subsequently refunded under Section 12-28-710, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c) fuels used in farm machinery and farm tractors; and
(d) fuels used in commercial fishing vessels.;
(b) Notwithstanding any other provision of law, motor fuels subject to the user fee imposed pursuant to Chapter 28 of this title are exempt from all locally imposed sales and use taxes that are administered and collected by the Department of Revenue.
(c) Notwithstanding any other provisions of law providing for the uses of sales and use tax revenues, sales and use tax revenues on the gross proceeds of sales or sales price of motor fuels subject to the user fee imposed pursuant to Chapter 28 of this title are deemed for all purposes revenues of the motor fuels user fee imposed pursuant to Chapter 28 of this title. However, state highway fund revenues derived from sales and use tax must be used only for highway maintenance and repairs."
G. Section 56-11-410 of the 1976 Code, as added by Act 459 of 1996, is amended to read:
"Section 56-11-410. A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteen eleven cents a gallon plus an amount representing the state sales tax on the gross proceeds of sales of motor fuels, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law."
H. Section 56-11-450 of the 1976 Code, as added by Act 459 of 1996, is amended to read:
"Section 56-11-450. (A) Every motor carrier subject to the tax imposed under this chapter is entitled to a credit on the tax equivalent to sixteen eleven cents per gallon plus state sales tax paid on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by the carrier. Evidence of the payment of the tax in such form as may be required by or is satisfactory to the department must be furnished by each carrier claiming the credit.
(B) When the amount of the credit exceeds the amount of the tax for which the carrier is liable for the same quarter, the excess may, under regulations of the department, be allowed as a credit on the tax for which the carrier would be otherwise liable for another quarter or quarters. The department is authorized to refund the amount of the credit herein allowed if within its discretion the refund is preferable to the credit. The refund must be made only if the carrier has fully complied with all the rules and regulations of the department and the provisions of this chapter."
I. This section takes effect July 1, 2005./
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 10 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 11 (Doc Name COUNCIL\AGM\18464MM06), which was adopted:
Amend the bill, as and if amended, Section 12-37-717 as found in SECTION 1 by deleting SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 12 (Doc Name COUNCIL\MS\7408MM06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-60-90(C) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding at the end:
"(3) a real estate licensee who is licensed pursuant to Chapter 57 of Title 40 during the administrative tax process in a matter limited to questions concerning the market value of real property." /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 12 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the substantial effect of the Bill included various changes to the tax code, but the substantial effect of the amendment related to the representation of someone appearing before the administrative law court in a tax related proceeding. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. RUTHERFORD proposed the following Amendment No. 13 (Doc Name COUNCIL\AGM\18466MM06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___ Chapter 21 of Title 12 of the 1976 Code is amended by adding:
Section 12-21-910. As used in this article:
(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 as licensed by Article 5 of this chapter;
(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.
(9) 'Cigar bar' means a bar or lounge, as defined in this section, that also makes cigars available for consumption on the premises. The sale of cigars must constitute a reasonable portion of the establishment's gross sales and must not be merely incidental.
(10) 'Private club' means a charitable, nonprofit, or veteran's organization that holds a current exemption under Section (C)(3), (4), (7), (8), (10), or (19) of the United States Internal Revenue Code or Section 501(D) of the United States Internal Revenue Code.
Section 12-21-920. (A) Unless otherwise provided in this article, this article 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 article 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 article, including restrictions on smoking in areas that are not enclosed and are located on the educational facility's campus.
Section 12-21-930. 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 article.
Section 12-21-940. This article 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 12-21-950. 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 article:
(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, Article 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 article 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;
(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 12-21-960. (A) A person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty 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 article 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." /
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Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. COOPER raised the Point of Order that Amendment No. 13 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with tax credits, the amendment regulated use of tobacco products. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. LIMEHOUSE proposed the following Amendment No. 15 (Doc Name COUNCIL\AGM\18470MM06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. A motor home on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes. By ordinance, the governing body of a county may extend the provisions of this section to a boat that meets the same qualifications required for motor homes pursuant to this section."
B. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-712. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or on ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
C. This SECTION takes effect upon approval by the Governor and applies for property tax years beginning after 2005. /
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Rep. LIMEHOUSE explained the amendment.
Rep. MCLEOD raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that Amendment No. 15 had the same substantial effect as the committee amendment, the first amendment of the Bill, which the House had already adopted. Therefore, he overruled the Point of Order.
Rep. LIMEHOUSE continued speaking.
The amendment was then adopted.
Rep. J. E. SMITH moved to reconsider the vote whereby Amendment No. 6 was tabled.
Rep. COOPER moved to table the motion to reconsider.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Bingham Branham J. Brown Cato Chalk Chellis Clemmons Coates Cooper Duncan Edge Frye Govan Hagood Haley Hardwick Harrell Harrison Harvin Haskins Hinson Kennedy Kirsh Leach Mahaffey McCraw McGee McLeod Merrill Miller Neilson Norman Ott Perry M. A. Pitts Rhoad Sandifer Scarborough Scott Simrill G. M. Smith J. R. Smith W. D. Smith Talley Thompson Toole Townsend Tripp Umphlett Vick Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Ballentine Bannister Bowers Breeland G. Brown R. Brown Ceips Clark Clyburn Cobb-Hunter Coleman Dantzler Davenport Delleney Emory Funderburk Hamilton Herbkersman Hosey Howard Huggins Jefferson Jennings Limehouse Littlejohn Loftis Lucas Mack Martin Moody-Lawrence J. H. Neal Owens Parks Pinson E. H. Pitts Rice Rivers Rutherford Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith Vaughn Weeks Whipper
So, the motion to reconsider was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk 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 Herbkersman Hinson 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 Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Tripp
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on H. 4913, due to a family emergency. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
Rep. RHOAD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5046 (Word version) -- Reps. Townsend, Walker, Pinson and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT CHARTER SCHOOLS IN SOUTH CAROLINA MAKE TOWARD THE EDUCATION OF OUR STATE'S STUDENTS AND TO DECLARE THE WEEK MAY 1-6, 2006, AS "CHARTER SCHOOL WEEK" IN SOUTH CAROLINA.
H. 5073 (Word version) -- Reps. Scott, 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, 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, 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 MR. NEVILLE O. LORICK, PRESIDENT OF SOUTH CAROLINA ELECTRIC AND GAS COMPANY, AND ONE OF SOUTH CAROLINA'S MOST RESPECTED BUSINESS EXECUTIVES, UPON HIS RETIREMENT FROM THIS POSITION.
H. 5074 (Word version) -- Reps. Ballentine, Huggins, E. H. Pitts, McLeod, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, 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 JENNIFER "BUFFY" MURPHY, A FIFTH GRADE TEACHER AT IRMO ELEMENTARY SCHOOL IN SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES, ON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 2006-2007.
H. 5076 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO WELCOME THE UNITED STATES YOUTH GAMES NATIONAL CHAMPIONSHIP TO COLUMBIA JULY 18-22, 2006, AND CONGRATULATE THIS OUTSTANDING ORGANIZATION ON ITS 40th ANNIVERSARY OF PROVIDING RECREATIONAL, CULTURAL, AND SOCIAL OPPORTUNITIES TO THE URBAN YOUTH OF OVER 30 CITIES ACROSS THE COUNTRY.
H. 5080 (Word version) -- Reps. Parks, 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, 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, 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 EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED PUBLIC SERVICE OF MS. JESSIE W. VARNADO OF GREENWOOD, AS DISTRICT MANAGER OF THE SOCIAL SECURITY ADMINISTRATION AS SHE LEAVES GREENWOOD TO ASSUME A NEW POST WITH THE SOCIAL SECURITY ADMINISTRATION IN JACKSON, MISSISSIPPI.
H. 5084 (Word version) -- Reps. Mitchell, 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, 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, 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 RECOGNIZE AND HONOR MR. TERRY MATTHEW MOORE OF SPARTANBURG COUNTY UPON HIS RETIREMENT AS DIRECTOR OF THE NORTHWEST RECREATION CENTER AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
H. 5086 (Word version) -- Reps. Rutherford, 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, 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, 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 EXPRESSING THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PARTICIPATING RESTAURANTS WHO GENEROUSLY OFFERED UP THE FINEST AND TASTIEST SOUTHERN CUISINE ON THE GROUNDS OF THE STATE HOUSE AT THE HOSPITALITY ASSOCIATION OF SOUTH CAROLINA'S TASTE OF SOUTH CAROLINA LEGISLATIVE LUNCHEON, WEDNESDAY, APRIL 19, 2006.
H. 5087 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SANDRA MILFORD OF ABBEVILLE COUNTY FOR HER OUTSTANDING COMMITMENT AND DEDICATION TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
At 5:57 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Irene Rogers of Dillon, to meet at 10:00 a.m. tomorrow.
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