Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Jeremiah 30:22: "So you will be my people, and I will be your God."
Let us pray. Dear Lord, fill us this day with thankfulness and strength for faithfulness. Let the lives of these Representatives and staff overflow with willingness to serve and provide for this State. You, O Lord, have provided us with good things, now may this faithfulness, life and wisdom be evident to others. Bless our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe as they protect us. Comfort those who wait at home and let them know of Your presence. 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. LITTLEJOHN moved that when the House adjourns, it adjourn in memory of Krishona Sharell Wofford, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
May 24, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4951, R. 318.
H. 4951 (Word version) would allow a county that is at least one thousand square miles in size and has had an unemployment rate greater than the state average and an average per capita income lower than the state average for the past ten years to receive a job tax credit two tiers higher than that level currently imposed. This language carves out Orangeburg County as the only county that would fit into this category. In other words, instead of receiving the $3,500 credit per job that an "under developed county" qualifies for under current law, this Bill would grant Orangeburg County the tax credit of $8,000 per job that a "distressed county" would receive without meeting the necessary criteria. This would create a special exemption currently not available to other counties. Calhoun and Colleton are just two examples of counties that would be hurt if this legislation were to pass and would have a clear disadvantage in attracting new businesses by not having the same recruiting tools as an Orangeburg County.
To be clear, improving the economic soil conditions of our State so that we may better compete in the ever-changing global marketplace is always a priority of this administration. Whether it is last year's small business income tax cut or passing significant tort reform, I believe these changes and others move us one step closer in being truly competitive in creating jobs, attracting capital investment, growing and expanding small businesses, raising income levels and - most importantly - bettering the standard of living for all of our citizens. However, H. 4951 does not fit into this category.
This legislation clearly breaks from the traditional model we have used for economic development - which is implementing policy changes that will benefit all South Carolina citizens while allowing the entire State, not just one county's economy to grow.
In 2003, I laid out guidelines in my transmittal letter of S. 516 that creating legislation to carve out special tax credits for one company is bad policy. This legislation allowed Georgetown Steel to count each employee of a bankrupt company that it was purchasing as qualifying criteria for job tax credits - making Georgetown Steel the only company to meet this condition. I clearly noted in this message the creation of special exemptions for one company is not good for our State and we should instead look at economic incentives that promote statewide economic success. Along the same lines, H. 4951 gives Orangeburg County a special exemption to qualify for a higher credit than a county of equal economic status - meaning it is being treated differently than the other "under developed counties". As a result, we will be setting a chilling precedent that we at the state level favor one particular county over another when it comes to economic growth.
This administration will continue to support legislation that will effectively, fairly, and uniformly promote economic prosperity for the entire business community of our State. We look forward to working with you and other members of the General Assembly on this front. However, I do not believe we should start down the path of piecemeal legislation that currently benefits only one county.
For these reasons, I am returning H. 4951 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
May 24, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4938, R. 317.
H. 4938 (Word version) would institute an Emergency Air Wing within the State Guard. I am vetoing the Bill because it has the potential for serious unintended consequences affecting the safety of other pilots and passengers, and because it results in an unnecessary duplication of a service provided by the Civil Air Patrol.
One of the most important items that came out of the After Action Reports on the events of September 11th and Hurricane Katrina was the need for uniform coordination of the airspace in disaster areas. In hurricane situations, aircraft flying low to the ground in confined areas with low visibility have difficulty keeping track of each other and are exposed to an increased risk of mid-air collisions. This is why there is considerable top-down coordination of air missions, extensive training and a tightly integrated organizational structure.
In a federal disaster situation, the Active Force, Air Guard and Reserve and Civil Air Patrol (CAP) all operate subject to the coordination of one Air Branch Director that in turn is under one Incident Commander, and just this year, the Air Force has moved approval authority for Defense Support to Civil Authority missions (including CAP hurricane relief missions) from the Air Force Agency for National Security and Emergency Preparedness (AFNSEP) to the First Air Force Commander in an attempt to more tightly integrate the operations of the Civil Air Patrol with the Air Force.
Adding a brand new volunteer air unit, with different levels of training, different maintenance requirements and different standard operating procedures takes us away from the direction of tighter integration and coordination and may increase the potential for accidents. I think this helps explain why no other state in the union has a State Guard air wing such as H. 4938 proposes.
I support the idea of volunteerism and admire the fact that some private pilots in the State want to be of service in times of crisis. Pilots who want to help in disaster relief efforts can volunteer with the Civil Air Patrol based here in South Carolina. In addition to its own fleet of airplanes, the Civil Air Patrol utilizes the services of thousands of pilots and their private planes nationwide for its tasks of, among other things, conducting search and rescue, assessing storm damage, and transporting emergency personnel, medical supplies, blood and live tissue. For those who prefer not to be involved in disaster relief, but still want to use their planes to help people, there is a group of private organizations that does this - the Air Care Alliance, a nationwide league of humanitarian flying organizations with volunteer pilots who cover their own flying expenses.
I recognize that with the speed with which H. 4938 moved through the General Assembly, some legislators may not have had quite as much opportunity to fully consider the merits of the Bill as they might have wished. When considering whether to override this veto, I would encourage Members of the General Assembly to consult citizens with extensive military aviation experience on the advisability of this Bill.
For these reasons, while respecting the intentions of the Bill's supporters, I am returning H. 4938 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following veto printed in the Journal:
May 24, 2006
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3977, R. 311.
H. 3977 (Word version) removes the Criminal Justice Academy from the Department of Public Safety and creates yet another island of government. This legislation, I believe, is the most recent example of the assault on accountability that has taken place since the Restructuring Act was enacted by the General Assembly in 1994. In addition, flaws in the legislation threaten a smooth transition which could damage operations of the Academy for some time.
First, it defies logic that, as we have made important strides in improving this facility, the General Assembly would pass legislation that now diffuses accountability. The Law Enforcement Training Council, charged with running the Academy in this Bill, is comprised primarily of agency heads that hold the important responsibility of operating statewide law enforcement on several different fronts.
In Washington, Congress has now gotten to the point that they debate less than one-third of the federal budget annually. The rest of government is, in essence, on auto-pilot, and rarely gets the attention that it needs. The net result has been record deficits and a national debt that generations to come will be fighting to pay down. This is not a strategy we should emulate here in South Carolina, and yet, creating separate islands of government in our State, in the long run, moves us in this direction.
Ultimately, our State is better served by a more transparent government, rather than maintaining that the business of the people should be tucked away in various corners of Columbia. The catalyst for the Restructuring Act in 1994 was the result of improper, and, in some cases, illegal activities by those opposed to more open government. This Bill is another step back from the small changes made just over a decade ago.
Furthermore, this legislation is inartfully drafted, leaving a gap in management in the agency for at least six months. Control of the Academy would be immediately turned over to the Council. However, five members cannot be appointed until January 1, 2007 and the Council cannot meet until some time after those appointments. In effect, the Academy will be set adrift for six months without accountability to either the Department of Public Safety or the Law Enforcement Training Council. This flaw in the legislation could set the stage for weakening the position of the Academy for some time to come.
This Administration's strong advocacy of the Criminal Justice Academy has been a break from previous governors. Starting with my Executive Budget for Fiscal Year 2005-2006, my Administration has been the first to request additional funds for the Academy over the funding provided from fees and fines collected. We were grateful that the General Assembly adopted our proposal to provide an additional $1.4 million in funding for deferred maintenance for the current fiscal year. In addition, I was glad to support the initiative by Representatives Annette Young and Gilda Cobb-Hunter for an additional $2 million from the Sinking Fund to go to the Academy. In my Executive Budget for FY 2006-2007, I proposed an additional $1 million for deferred maintenance, three additional officers to improve certification efforts, and nearly $600,000 for automation upgrades.
We have also changed the way we provide training at the Academy by taking law enforcement training outside of Columbia and providing more training in six regional centers around the State. The effect has been reduced travel time for local law enforcement officers and increased access for training available to all corners of the State.
During debate in the Senate, Senator Chip Campsen offered an amendment, which I supported, to elevate the Criminal Justice Academy to a Division of the Governor's Office, much like SLED. The Executive Director of the Academy would have been able to work with the other law enforcement agency heads through my Cabinet. This would have elevated the importance of the Academy as a statewide law enforcement training asset and allowed for a clear line of accountability.
I would urge you to reject this well-intended, but seriously flawed legislation.
For these reasons, I am returning H. 3977 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1138 (Word version) -- Judiciary Committee: A BILL TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006" BY AMENDING SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 23-3-460, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS; AND TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5235 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE FRIENDS OF HUNTING ISLAND FOR THEIR OUTSTANDING COMMITMENT TO THE FURTHERANCE OF THE BEAUFORT COMMUNITY, AND TO CONGRATULATE THE MEMBERS ON WINNING THE IMPRESSIVE 2006 CIVITAS AWARD FOR BUSINESS EXCELLENCE FROM THE BEAUFORT COUNTY CHAMBER OF COMMERCE.
The Resolution was adopted.
The following Joint Resolutions were introduced, read the first time, and referred to appropriate committee:
S. 1435 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 1436 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Duncan Edge Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Lucas Mack Mahaffey McCraw McGee Miller Mitchell Moody-Lawrence J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott 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 Vick Walker White Young
I came in after the roll call and was present for the Session on Thursday, May 25.
Robert Harrell David Weeks William R. "Bill" Whitmire James Merrill James E. Stewart Fletcher Smith Dwight Loftis Edward H. "Ted" Pitts Walton McLeod John Altman Mike Anthony Carl Anderson Becky Martin Harry Ott H. B. "Chip" Limehouse Jackson "Seth" Whipper Ralph Davenport Bill Cotty Creighton Coleman Joseph Neal Leon Howard Eldridge Emory Thad Viers Todd Rutherford
The SPEAKER granted Rep. WITHERSPOON a leave of absence for the day.
The SPEAKER granted Rep. MACK a leave of absence for the remainder of the day to attend a family member's funeral.
Rep. WEEKS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 24.
Rep. MITCHELL presented to the House the Spartanburg High School Vikings Girls Track Team, the 2006 Class AAAA Champions, their coaches and other school officials.
Rep. CHALK presented to the House the Hilton Head Preparatory School Varsity "Lady Dolphins" Soccer Team, the South Carolina Independent Schools Association 2006 AAA Champions, their coaches and other school officials.
Reps. BALLENTINE and HUGGINS presented to the House the Dutch Fork Silver Foxes Golf Team, the 2006 Class AAAA Champions, their coaches and other school officials.
On Thursday, May 25, 2006, we were out of the House Chamber attending a conference committee meeting on H. 4449, the Property Tax Reform Bill.
Rep. Mike Anthony
Rep. Jim Merrill
Rep. Bill Cotty
Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted:
H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A RESIDENT OF RICHLAND COUNTY WHO OWNS A GOLF CART THAT MAY BE OPERATED ALONG CERTAIN SECONDARY HIGHWAYS OR STREETS, MAY OPERATE IT ALONG CERTAIN HIGHWAYS AND STREETS WITHIN RICHLAND COUNTY WITHIN A FIVE-MILE RADIUS OF HIS RESIDENCE OR PLACE OF BUSINESS, MAY OPERATE THE GOLF CART ALONG A PRIMARY HIGHWAY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1162 (Word version) -- Senators Grooms, Reese and Verdin: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
S. 766 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.
S. 148 (Word version) -- Senators Campsen and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.
S. 1107 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 59-17-130(A) OF THE 1976 CODE, RELATING TO HIGH SCHOOL COURSES IN AMERICAN SIGN LANGUAGE, TO PROVIDE THAT A SCHOOL DISTRICT MAY GIVE CREDIT AS A FOREIGN LANGUAGE TO A PUPIL WHO SATISFACTORILY COMPLETES A HIGH SCHOOL COURSE IN AMERICAN SIGN LANGUAGE.
S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".
S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.
S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1147 (Word version) -- Senators O'Dell, McGill and Knotts: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
S. 1318 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE FOR PATIENT PRIVACY, TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC AND TO PROVIDE THAT COMPLIANCE WITH THIS ARTICLE IS A CONDITION OF HOSPITAL LICENSURE.
S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
Rep. UMPHLETT moved to reconsider the vote whereby the following Bill was given a second reading:
S. 1045 (Word version) -- Senators Ritchie, Bryant, Campsen and Knotts: A BILL TO AMEND SECTION 20-1-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO PROVIDE A ONE-TIME FIFTY-DOLLAR NON-REFUNDABLE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE AND TO PROVIDE CERTAIN REQUIREMENTS FOR A PREMARITAL PREPARATION COURSE; AND BY ADDING SECTION 12-6-3381 SO AS TO CREATE THE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
Rep. UMPHLETT moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion of Rep. G. M. SMITH to reconsider the vote whereby the following Bill was given a second reading was taken up:
S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910 AND 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.
Rep. G. M. SMITH moved to table the motion to reconsider, which was agreed to.
The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
S. 368 (Word version) -- Senators Leatherman, O'Dell, Setzler and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18491MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Subarticle 5, Article 9, Chapter 35 of Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3215. (A) As used in this section:
(1) 'Design services' means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.
(2) 'Resident' means a business that (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina a majority of the design services involved in the procurement.
(B) A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.
(C) An award to a resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
(D) When qualifications appear to be equal, the resident firm must be selected.
(E) This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
Rep. CATO moved to adjourn debate on the Bill, which was agreed to.
Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
Rep. SINCLAIR moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 5197 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
H. 4894 (Word version) -- Reps. Clyburn, Young, Cotty, Govan, Merrill, Davenport, Kennedy, Mitchell, J. H. Neal, Moody-Lawrence, Haskins, Allen, Mack, Hodges, W. D. Smith, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Frye, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jefferson, Leach, Limehouse, Mahaffey, Martin, McCraw, McGee, McLeod, Miller, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Talley, Taylor, Toole, Townsend, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire, Witherspoon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AND PARENTS SHALL ATTEND AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9542SJ06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 15, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1600. (A) A school that has received an unsatisfactory absolute academic performance rating on its most recent report card shall offer an orientation class for parents of students who scored below basic on any portion of the state assessment and who attend that school. The orientation class must focus on the following topics:
(1) the value of education;
(2) academic assistance programs that are available at the school and in the community;
(3) student discipline;
(4) school policies; and
(5) other pertinent issues.
(B) The school shall offer the orientation class each year the school receives an unsatisfactory absolute academic performance rating on the school report card. The orientation class must be offered before the academic year begins. The school shall provide parents with written notification of the date and time of the meeting.
(C) A parent or guardian of each student scoring below basic on any portion of the state assessment who is registered to attend the school shall attend the orientation class each year it is offered."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CLYBURN, with unanimous consent, it was ordered that H. 4894 (Word version) be read the third time tomorrow.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 723 (Word version) -- Senator Campsen: A BILL TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.
Rep. DELLENEY explained the Bill.
H. 5225 (Word version) -- Reps. Harrell and Cooper: A JOINT RESOLUTION TO CONTINUE THE PROVISIONS OF ACT 115 OF 2005, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2005-2006 AFTER JUNE 30, 2006, IF THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2006-2007 IS NOT IN EFFECT AS OF JULY 1, 2006, AND TO APPROPRIATE AND TRANSFER REVENUE FROM THE GENERAL FUND OF THE STATE TO MEET CONSTITUTIONAL AND STATUTORY MANDATED PURPOSES, AND FOR OTHER PURPOSES.
Rep. COOPER explained the Joint Resolution.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 723 (Word version) be read the third time tomorrow.
Rep. COOPER asked unanimous consent that H. 5225 (Word version) be read a third time tomorrow.
Rep. BALES objected.
Rep. RICE moved to adjourn debate upon the following Bill, which was adopted:
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
The following Bill was taken up:
S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7467AHB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-545. (A) If a person is convicted of wilfully violating a term or condition of active electronic monitoring pursuant to section 23-3-540(M), the court may impose other terms and conditions considered appropriate and may continue the person on active electronic monitoring, or the court may revoke the active electronic monitoring and impose a sentence of up to ten years for the violation. A person who is incarcerated for a revocation is eligible to earn work credits, education credits, good conduct credits, and other credits which would reduce the sentence for the violation to the same extent he would have been eligible to earn credits on a sentence of incarceration for the underlying conviction. A person who is incarcerated for a revocation pursuant to the provisions of this subsection is not eligible for parole.
(B) If a person's electronic monitoring is revoked by the court and the court imposes a period of incarceration for the revocation, the person must be placed back on active electronic monitoring when the
person is released from incarceration.
(C) A person may be sentenced for successive revocations, with each revocation subject to a ten-year sentence. The maximum aggregate amount of time the person may be required to serve when sentenced for successive revocations may not exceed the period of time the person is required to remain on the sex offender registry."
SECTION 2. Section 23-3-540 of the 1976 Code, as added by Act 141 of 2005, is amended to read:
"Section 23-3-540. (A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, the court must order that the person, upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(B) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for any other offense listed in subsection (G), the court may order that the person upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(B)(C) An offender A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, and who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court or agency with jurisdiction to be placed monitored by the Department of Probation, Parole and Pardon Services under a system of with an active electronic monitoring device that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(D) A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a term of probation, parole, community supervision, or a community supervision program, may be ordered by the court or agency with jurisdiction to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(E) A person who is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, and who violates a provision of this article, must be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(F) A person who is required to register pursuant to this article for any other offense listed in subsection (G), and who violates a provision of this article, may be ordered by the court to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(C)(G) This section applies to an offender a person who has been:
(1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
(a) criminal sexual conduct with minors, a minor in the first degree (Section 16-3-655(1)(A));
(b) criminal sexual conduct with minors, a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from illicit consensual sexual conduct, as contained in Section 16-3-655(3)(B)(2), provided the offender is eighteen seventeen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not an offender and is not required to register be electronically monitored pursuant to the provisions of this article section;
(c) engaging a child for sexual performance (Section 16-3-810);
(d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
(e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
(f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
(g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
(h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
(i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
(i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
(ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342); or
(2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor, except that the provisions of this item may not be construed to apply to a person seventeen years of age or less who engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age as provided in Section 16-3-655(B)(2).
(D)(H) The offender person shall remain under the system of be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device for the duration of the time the offender person is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender person is committed to the custody of the State. Ten years from the date the person begins to be electronically monitored, the person may petition the chief administrative judge of the general sessions court for the county in which the person was ordered to be electronically monitored for an order to be released from the electronic monitoring requirements of this section. The person shall serve a copy of the petition upon the solicitor of the circuit and the Department of Probation, Parole and Pardon Services. The court must hold a hearing before ordering the person to be released from the electronic monitoring requirements of this section, unless the court denies the petition because the person is not eligible for release or based on other procedural grounds. The solicitor of the circuit, the Department of Probation, Parole and Pardon Services, and any victims, as defined in Article 15, Chapter 3, Title 16, must be notified of any hearing pursuant to this subsection and must be given an opportunity to testify or submit affidavits in response to the petition. If the court finds that there is clear and convincing evidence that the person has complied with the terms and conditions of the electronic monitoring and that there is no longer a need to electronically monitor the person, then the court may order the person to be released from the electronic monitoring requirements of this section. If the court denies the petition or refuses to grant the order, then the person may re-file a new petition every five years from the date the court denies the petition or refuses to grant the order. A person may not petition the court if the person is required to register pursuant to this article for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140.
(E)(I) The offender person shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the active electronic monitoring device in working order. Incidental damage or defacement of the active electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender A person who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F)(J) The offender person shall abide by any other terms and conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the active electronic monitoring device and electronic monitoring program.
(G)(K) The offender person must be charged a fee in accordance with Section 24-21-85 for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time the person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person. The payment of the cost must be a condition of supervision of the person and a delinquency of two months or more in making payments may operate as a violation of a term or condition of the electronic monitoring. All fees generated by this subsection must be retained by the Department of Probation, Parole and Pardon Services, carried forward, and applied to support the active electronic monitoring of sex offenders.
(H)(L) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an active electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the active electronic monitoring devices.
(M)(1) A person who completes his term of incarceration and the maximum term of probation, parole, or community supervision and who wilfully violates a term or condition of electronic monitoring, as ordered by the court or determined by the Department of Probation, Parole and Pardon Services is guilty of a felony and, upon conviction, must be sentenced in accordance with the provisions of Section 23-3-545.
(2) Notwithstanding the provisions of Section 24-21-290, information gathered by a probation agent pursuant to the provisions of Section 24-21-540 is admissible in a criminal prosecution.
(N) The Department of Corrections shall notify the Department of Probation, Parole and Pardon Services of the projected release date of an inmate serving a sentence, as described in this section, at least one hundred eighty days in advance of the person's release from incarceration. For a person sentenced to one hundred eighty days or less, the Department of Corrections shall immediately notify the Department of Probation, Parole and Pardon Services.
(O) When an inmate serving a sentence as described in this section is released on electronic monitoring, a victim who has previously requested notification and the sheriff's office in the county where the person is to be released must be notified in accordance with the requirements of Article 15, Chapter 3 of Title 16.
(P) As used in this section, 'active electronic monitoring device' means a mechanism utilized by the Department of Probation, Parole and Pardon Services in conjunction with a system that actively monitors and identifies a person's location and that timely reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location.
(Q) Except for juveniles released from the Department of Corrections, all juveniles adjudicated delinquent in family court, who are required to be monitored pursuant to the provisions of this article by the Department of Probation, Parole and Pardon Services, or who are ordered by a court to be monitored must be supervised, while under the jurisdiction of the family court or Board of Juvenile Parole, by the Department of Juvenile Justice. The Department of Probation, Parole and Pardon Services shall report to the Department of Juvenile Justice all violations of the terms or conditions of electronic monitoring for all juveniles supervised by the department, for as long as the family court or Juvenile Parole Board has jurisdiction over the juvenile. If the Department of Juvenile Justice determines that a juvenile has violated a term or condition of electronic monitoring, the department shall immediately notify local law enforcement of the violation."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. This act takes effect upon approval by the Governor, except that the provisions of SECTION 2 regarding the requirements of active electronic monitoring of certain offenders by the Department of Probation, Parole and Pardon Services does not take effect until the General Assembly funds the department to the extent necessary to implement those provisions. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. RUTHERFORD moved to waive Rule 5.15, which was agreed to by a division vote of 57 to 0.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 1267 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 5218 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA, RELATING TO MARITIME SECURITY COMMISSION AND NAVAL MILITIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HAGOOD moved to waive Rule 5.15, which was agreed to by a division vote of 46 to 0.
Reps. SCOTT, HOSEY, JENNINGS, HODGES, FUNDERBURK, BALES and MOODY-LAWRENCE requested debate on the Joint Resolution.
The following Bill was taken up:
S. 1437 (Word version) -- Senators Setzler, Knotts and Courson: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMITATION ON THE NUMBER OF TERMS MEMBERS OF THE COMMISSION MAY SERVE; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO REVISE THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
Rep. BINGHAM made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. BALES moved to waive Rule 5.15, which was agreed to by a division vote of 37 to 9.
Rep. Bales proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21253SD06), which was adopted:
Amend the bill, as and if amended, by striking Section 55-11-330 of the 1976 Code as contained in SECTION 2 and inserting:
/Section 55-11-330. The commission shall appoint one of its members as chairman, one of its members as vice-chairman vice chairman, and one of its members, or any other competent person, as secretary of the commission. The chairman of the commission shall serve for a term of two years and until his successor is appointed and qualified. The vice-chairman vice chairman shall likewise serve for a term of two years and until his successor is appointed and qualified. The office of chairman of the commission shall be rotated among the representatives of the three constituent appointing public bodies, so that a representative appointed by each constituent agency shall hold office as chairman for a term of two years, and the first chairman so appointed and serving shall then be succeeded by a representative appointed by a second of the two remaining constituent appointing bodies. Upon the expiration of the second two-year term, a representative of the third appointing body shall be elected as chairman to hold office for a term of two years. The pattern of rotation as thus established shall continue in order that no representative of any of the three constituent appointing bodies shall hold office for a full two-year term unless two full intervening terms shall have expired; provided that upon expiration of the term of the chairman from Lexington County serving in office on June 30, 2006, the chairmanship shall be rotated in the following manner: initially, the chairman must be selected from the members appointed upon the recommendation of the Richland County Legislative Delegation, the next chairman must be selected from the members appointed upon the recommendation of the Lexington County Legislative Delegation, the next chairman must be selected from the members appointed upon the recommendation of the Richland County Legislative Delegation, and then the next chairman must be selected from the members appointed upon the recommendation of the City Council of the City of Columbia. Each of these chairmen so selected shall serve for one two-year term and then the chairmanship shall continue to rotate in the manner provided in this section with a member appointed from Lexington County first becoming the chairman. In the event that If the office of chairman shall become vacant, the duties of the chairman shall be temporarily performed by the vice-chairman vice chairman, but a successor shall be appointed as expeditiously as possible from the members representing the same constituent public body as did the former chairman who shall have failed to complete his term. Insofar as is practicable, the same scheme of rotation shall be applied to the office of vice-chairman vice chairman, but the practice of rotating the office of vice-chairman vice chairman may be dispensed with, in the event that the commission, by a two-thirds vote, shall find that the rotation of office is impracticable. Office on the commission shall be deemed an office of honor within the meaning of the provision of Section 1A of Article 17 of the Constitution of South Carolina. The secretary of the commission shall have such term as shall be fixed by the commission./
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
The amendment was then adopted.
Rep. E. H. PITTS spoke against the Bill.
Rep. E. H. PITTS demanded the yeas and nays, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 9 to 7.
I missed the vote on S. 1437 and would have voted yes on its passage.
Rep. Ken Clark
Rep. SCOTT asked unanimous consent that S. 1437 (Word version) be read a third time tomorrow.
Rep. BINGHAM objected.
Reps. J. BROWN, UMPHLETT, COATES, MCGEE, DUNCAN, KIRSH, WEEKS and WHITE withdrew their objection to and requests for debate on the following Bill:
S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1427 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 4-11-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISSOLUTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW A DISTRICT TO BE DISSOLVED IF THE DISTRICT HAS OUTSTANDING INDEBTEDNESS PAYABLE FROM REVENUES DERIVED FROM THE PROVISION OF ONE OR MORE GOVERNMENTAL SERVICES AND TO PROVIDE FOR THE METHOD BY WHICH A DISTRICT WITH OUTSTANDING INDEBTEDNESS MAY BE DISSOLVED.
Rep. WHITMIRE asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. DUNCAN objected.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Ways and Means.
Rep. BARFIELD objected.
On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry:
S. 1436 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1363 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 35-1-405 OF THE 1976 CODE, RELATING TO THE S.C. UNIFORM SECURITIES ACT OF 2005, FEDERAL COVERED INVESTMENT ADVISER NOTICE FILING REQUIREMENTS, SO AS TO PROVIDE THE CORRECT CITATION; AND TO AMEND SECTION 35-1-702, RELATING TO FEES, SO AS TO PROVIDE THAT THE CORRECT FEE FOR A BROKER-DEALER RENEWAL IS ONE HUNDRED TEN DOLLARS.
On motion of Rep. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 5020 (Word version) -- Reps. Whipper, Bales, J. Hines, Sinclair and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-7425 SO AS TO PROVIDE THAT A CHILD OR THE CHILD'S PARENT OR GUARDIAN MAY NOT WAIVE THE CHILD'S RIGHT TO COUNSEL WHEN THE FAMILY COURT PROCEEDING MAY RESULT IN DETENTION OR CONFINEMENT OF THE CHILD; AND TO AMEND SECTIONS 20-7-7215 AND 20-7-7415, RELATING TO FAMILY COURT DETENTION HEARINGS AND PREHEARING INQUIRIES AND INVESTIGATIONS, RESPECTIVELY, BOTH SO AS TO DELETE PROVISIONS ALLOWING A CHILD TO WAIVE THE RIGHT TO COUNSEL UNDER CERTAIN CIRCUMSTANCES.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1356 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-7-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE TRUSTS, SO AS TO PROVIDE THAT CHARITABLE TRUSTS ARE NOT REQUIRED TO BE FILED WITH THE ATTORNEY GENERAL UNLESS REQUIRED BY STATUTE, RULE, OR REGULATION.
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. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-166 SO AS TO DECLARE DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY IN SOUTH CAROLINA, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
Rep. SCARBOROUGH 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. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
Reps. HARRELL and TOWNSEND proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\6936CM06), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and SECTION 3 in their entireties.
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G. R. Smith, Cotty, Whipper, Taylor, Kirsh, M. A. Pitts, Coates, G. M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.
Rep. CATO 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. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5, SO AS TO REQUIRE MUNICIPALITIES FURNISHING ELECTRICITY OR NATURAL GAS TO THEIR CITIZENS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 11, TITLE 6, SO AS TO REQUIRE SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 49, TITLE 33 SO AS TO REQUIRE ELECTRIC COOPERATIVES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 58, SO AS TO REQUIRE NATURAL GAS UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 21 TO CHAPTER 27, TITLE 58, SO AS TO REQUIRE ELECTRICAL UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58, SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS.
Rep. ALLEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT PROVIDING A POTENTIAL BUYER A CONTRACT OR PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER; TO REQUIRE THE PERSON INSTALLING THE SYSTEM TO BE LICENSED PURSUANT TO CHAPTER 59, TITLE 40; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Rep. CATO 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. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9530HTC06), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. A. Section 12-6-3360(M)(14) of the 1976 Code, as added by Act 283 of 2000, is amended to read:
"(14) 'Technology intensive facility' means:
(a) a facility at which a firm engaged engages in the design, development, and introduction of new products or innovative manufacturing processes, or both, through the systematic application of scientific and technical knowledge. Included in this definition are the following North American Industrial Classification Systems, NAICS, codes published by the Office of the Management and Budget of the federal government:
(i) 5114 database and directory publishers;
(ii) 5112 software publishers;
(iii) 54151 computer systems design and related services;
(iv) 541511 custom computer programming services;
(v) 541512 computer systems design services;
(vi) 541710 scientific research and development services;
(vii) 9271 space research and technology.; or
(b) a facility primarily used for one or more activities listed under the 2002 version of the NAICS Codes 51811 (Internet Service Providers and Web Search Portals)."
B. Section 12-36-2120 of the 1976 Code is amended by adding two appropriately numbered new items at the end to read:
"( )(a) computer equipment, as defined in subitem (b) of this item, used in connection with a technology intensive facility as defined in Section 12-6-3360(M)(14)(b), where:
(i) The taxpayer invests at least three hundred million dollars in real or personal property or both comprising or located at the facility over a five-year period;
(ii) The taxpayer creates at least one hundred new jobs at the facility during that five-year period, and the average cash compensation of at least one hundred of the new jobs is one hundred fifty percent of the per capita income of the state according to the most recently published data available at the time the facility's construction starts; and
(iii) at least sixty percent of the three hundred million dollars minimum investment consists of computer equipment.
(b) For the purposes of this item, 'computer equipment' means original or replacement servers, routers, switches, power units, network devices, hard drives, processors, memory modules, motherboards, racks, other computer hardware and components, cabling, cooling apparatus, and related or ancillary equipment, machinery, and components, the primary purpose of which is to store, retrieve, aggregate, search, organize, process, analyze, or transfer data or any combination of these, or to support related computer engineering or computer science research.
(c) This exemption applies from the start of the investment in or construction of the facility as defined in subitem (a). The taxpayer shall notify the Department of Revenue of its use of the exemption provided in this item on or before the first sales tax return filed with the department after the first such use. Upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes under this item. Within six months after the fifth anniversary of the taxpayer's first use of this exemption, the taxpayer shall notify the department in writing that it has or has not met the investment and job requirements of this item by the end of that five-year period. Once the department certifies that the taxpayer has met the investment and job requirements, all subsequent purchases of or investments in computer equipment, including to replace originally deployed computer equipment or to implement future expansions, likewise shall qualify for the exemption described above, regardless of when the taxpayer makes the investments.
(d) The department may assess any tax due on property purchased tax-free pursuant to this item but due the state if the taxpayer subsequently fails timely to meet the investment and job requirements of this item after being granted the exemption; for purposes of determining whether the taxpayer has timely satisfied the investment requirement, replacement computer equipment counts toward the investment requirement to the extent that the value of the replacement computer equipment exceeds the cost of the computer equipment so replaced, but, provided the taxpayer otherwise qualifies for the exemption, the full value of the replacement computer equipment is exempt from sales and use tax. The running of the periods of limitation within which the department may assess taxes provided pursuant to Section 12-54-85 is suspended during the time period beginning with the taxpayer's first use of this exemption and ending with the later of the fifth anniversary of first use or notice to the department that the taxpayer either has met or has not met the investment and job requirements of this item.
( ) electricity used by a technology intensive facility as defined in Section 12-6-3360(M)(14)(b) and qualifying for the sales tax exemption provided pursuant to item ( ) of this section, and the equipment and raw materials, including without limitation fuel, used by such qualifying facility to generate, transform, transmit, distribute, or manage electricity for use in such a facility."
C. Section 12-23-20 of the 1976 Code is amended by adding a new item at the end to read:
"(9) electricity used by a technology intensive facility as defined in Section 12-6-3360(M)(14)(b) and qualifying for the sales tax exemption provided pursuant to Section 12-36-2120( ), and the equipment and raw materials, including without limitation fuel, used by such qualifying facility to generate, transform, transmit, distribute, or manage electricity for use in such a facility." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
Rep. LUCAS 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. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
Rep. G. M. SMITH explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J. E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Rep. LITTLEJOHN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith, Young and Hodges: 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.
Rep. TRIPP moved to commit the Bill to the Committee on Labor, Commerce and Industry, which was not agreed to.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.
The following Concurrent Resolution was taken up:
H. 5209 (Word version) -- Reps. G. R. Smith, Witherspoon and Hardwick: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ADOPT THE CORPS OF ENGINEERS' DEFINITION OF THE TERM "EPHEMERAL STREAM" IN OVERSEEING THE PROTECTION OF UNITED STATES WETLANDS.
Whereas, the United States Corps of Engineers is the federal agency that assumes direct control over the Federal Clean Water Act; and
Whereas, the Clean Water Act is the primary federal regulatory provision that governs various kinds of work in streams, ponds, and wetlands; and
Whereas, the Corps of Engineers recognizes three types of streams: perennial streams, intermittent streams, and ephemeral streams. It claims jurisdiction over both perennial and intermittent streams; and
Whereas, the Corps of Engineers defines ephemeral streams as streams that have flowing water only during, and for a short duration after, precipitation events in a typical year. In general, ephemeral streambeds are located above the water table year round, and ground water is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow; and
Whereas, the Environmental Protection Agency, the federal agency that plays an ancillary role to the Corps of Engineers, in its veto power over permits and in its power to comment on the permitting process, maintains a different definition for ephemeral streams that can be more easily manipulated and causes more confusion than does the Corps of Engineers' definition; and
Whereas, the Corps of Engineers' definition is preferable for its functionality in allowing scientists to visually inspect the stream for characteristics of either intermittent or ephemeral streams; and
Whereas, currently there is no stated preference in federal law regarding the two divergent definitions, and choice of the Corps of Engineers' definition would benefit federal, state, and local officials in their ability to distinguish between the types of streams and the jurisdiction over them. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to adopt the Corps of Engineers' definition of the term "ephemeral stream" in overseeing the protection of United States wetlands.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. LEACH.
Rep. PERRY moved to adjourn debate upon the following Bill, which was adopted:
S. 776 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.
The following Bill was taken up:
S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Reps. TOWNSEND, MCLEOD, J. M. NEAL, WALKER, HAYES, ANTHONY, M. A. PITTS and DUNCAN proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3798SJ06), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 57 of 2005, is further amended to read:
"(A) License plates A license plate must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and for all license plates issued pursuant to the 2008 general reissuance, except for special license plates, the name of the county in which the vehicle is registered and property taxes are paid, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates, but excluding license plates provided in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate, but at least every six years. A new license plate for vehicles contained in Sections 56-3-660 and 56-3-670 must be provided by the department at intervals the department considers appropriate. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, except for the fees collected pursuant to Sections 56-3-660 and 56-3-670, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Motor Vehicles for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates A license plate issued for vehicles a vehicle in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates plate. License plates A license plate issued as permanent may be revalidated and replaced at intervals determined by the department." /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. THOMPSON proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\6931CM06), which was tabled:
Amend the bill, as and if amended, by striking Section 56-3-8100(A), as contained in SECTION 2, and inserting:
/ "(A) Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2000 2007, it must receive:
(1) four eight hundred prepaid applications for the special license plate or a deposit of four eight thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department; and
(3) the emblem, seal, or other symbol to be used for the plate and, if necessary, written authorization for the department to use a logo, trademark, or design that is copyrighted or registered. If the individual or organization seeking issuance of the plate submits eight thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate." /
Renumber sections to conform.
Amend title to conform.
Rep. THOMPSON explained the amendment.
Rep. THOMPSON continued speaking.
Rep. PERRY moved to table the amendment, which was agreed to by a division vote of 42 to 40.
Rep. LOFTIS proposed the following Amendment No. 8 (Doc Name COUNCIL\BBM\9535HTC06), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-8000(A) and (B) of the 1976 Code, as last amended by Act 194 of 2002, is further amended to read:
"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020. From the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses associated with producing and administering the special license plate. The remaining funds collected from the special license plate fee must be placed in the General Fund. If the 501(C)(3), 501(C)(7), or 501(C)(8) organization has been chartered for at least five years, a portion of the special license plate fee may be returned to the organization. Once four hundred new license plates or renewals have been issued, the special license plate fee funds must be distributed to the organization that requested the license plate.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit fee of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit The fee of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four ten thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses associated with the initial cost of producing the license plate.
(2) a plan to market the sale of the special license plate which must be approved by the department."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 9 (Doc Name COUNCIL\GGS\22585SJ06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION ____. Section 56-3-1110(A) of the 1976 Code is amended to read:
"(A) A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration or a certificate signed by the county veterans affairs officer certifying the disability may make application for registration and license of his owned or leased private passenger motor vehicle to the Department of Motor Vehicles without accompanying such the application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such the license plates upon the receipt of such an application in such the form as may be required by the department. Not more than two disabled veteran license plates may be issued to a wartime disabled veteran. A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued and a must provide a new certification as prescribed by this subsection at the time a new license plate is issued. A surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry. When a new license plate is issued to a surviving spouse, the spouse must certify on a form prescribed the department that the spouse has not remarried." /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bailey Bales Bannister Barfield Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Hardwick Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Kennedy Kirsh Leach Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Phillips 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. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
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 S. 613, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
The following Bill was taken up:
S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.
Reps. LEACH and SANDIFER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21261SD06), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 3, Title 42 of the 1976 Code is amended by adding:
"Section 42-3-21. Notwithstanding any other provision of law, upon the expiration of the terms of the members of the Workers' Compensation Commission serving in office on the effective date of this section, their successors shall be elected by the General Assembly for terms of six years each and until their successors are selected and qualify. These elected members shall be screened, nominated, and elected in the same manner that members of the Employment Security Commission are screened, nominated, and elected." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.
The ACTING SPEAKER CATO granted Rep. TALLEY a leave of absence for the remainder of the day.
The ACTING SPEAKER CATO granted Rep. SINCLAIR a leave of absence for the remainder of the day.
The ACTING SPEAKER CATO granted Rep. CEIPS a leave of absence for the remainder of the day due to medical reasons.
Rep. COBB-HUNTER continued speaking.
Rep. TRIPP spoke against the amendment.
Rep. LUCAS moved to table the amendment.
Rep. LUCAS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bailey Ballentine Bannister Barfield Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hardwick Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Lucas Mahaffey Martin McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rivers Scarborough Scott Simrill Skelton G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Weeks Whipper Whitmire
Those who voted in the negative are:
Bales Chellis Davenport Delleney Hamilton Hinson Leach McCraw Neilson Rice Sandifer D. C. Smith F. N. Smith G. M. Smith Walker White Young
So, the amendment was tabled.
Rep. HOWARD spoke against the Bill.
Rep. CHELLIS spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham Cato Chalk Chellis Clark Clemmons Coates Coleman Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrison Haskins Hayes Herbkersman M. Hines Hinson Hiott Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Mitchell J. H. Neal Neilson Norman Owens Phillips Pinson E. H. Pitts M. A. Pitts Rice Rivers Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Breeland J. Brown J. Hines Hosey Howard Jefferson Kennedy Moody-Lawrence Rutherford
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on S. 1174, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
Rep. CHELLIS asked unanimous consent that S. 1174 (Word version) be read a third time tomorrow.
Rep. HOWARD objected.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:
S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
The following Bill was taken up:
S. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.
Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22587SJ06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-750. A person who engages in or is present at a kickboxing event is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year for a first offense;
(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second offense; or
(3) felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years for a third or subsequent offense." /
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
Rep. KENNEDY proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22588SJ06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-750. A person who engages in or is present at a boxing event is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year for a first offense;
(2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second offense; or
(3) felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years for a third or subsequent offense."/
Renumber sections to conform.
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Delleney Edge Emory Funderburk Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hodges Howard Huggins Jefferson Kirsh Leach Limehouse Littlejohn Lucas Martin McGee McLeod Miller Moody-Lawrence J. H. Neal Neilson Norman Parks Perry Pinson E. H. Pitts Rhoad Rice Rivers Rutherford Scarborough Scott Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Vaughn Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Anderson Coleman Davenport Frye Hayes Hiott Hosey Jennings Kennedy Mahaffey McCraw Phillips M. A. Pitts Skelton Vick
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on S. 229, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
The following Bill was taken up:
S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg, Knotts and Alexander: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Rep. RUTHERFORD proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18548AHB06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1084. It is unlawful to smoke in a restaurant or bar where a pregnant woman is present. A person who violates the provisions of this section may be fined fifty dollars for each violation."/
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. G. M. SMITH raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.
Rep. JENNINGS proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22594SJ06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A)(1) For purposes of a civil cause of action, 'person' includes an unborn child at every state of gestation in utero from conception until live birth.
(2) Nothing in this section may be construed to:
(a) abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment;
(b) apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion;
(c) apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(B) A pregnant female is not subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(C) A person or health care provider is not subject to a civil suit under this section for:
(1) conduct relating to or arising out of the performance of a lawful abortion;
(2) acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."/
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Bingham Cato Chalk Chellis Coates Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee McLeod Mitchell J. M. Neal Neilson Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Tripp Vaughn Viers Walker White Whitmire Young
Those who voted in the negative are:
Allen Anderson Bales Bowers Breeland J. Brown R. Brown Clark Clyburn Coleman Emory Govan Hayes J. Hines M. Hines Hodges Hosey Jefferson Jennings Kennedy Miller Moody-Lawrence Phillips Rhoad Rivers Rutherford Scarborough Scott Vick Weeks Whipper
So, the amendment was tabled.
Rep. COBB-HUNTER spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Ballentine Bannister Barfield Bingham Bowers Cato Chalk Chellis Clark Clyburn Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrison Haskins Hayes Herbkersman Hinson Hiott Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee McLeod Miller J. M. Neal Neilson Norman Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Young
Those who voted in the negative are:
Allen Anderson Breeland J. Brown Cobb-Hunter J. Hines M. Hines Hodges Hosey Howard Jefferson Mitchell Moody-Lawrence J. H. Neal Rutherford Skelton Weeks Whipper
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on S. 1084, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
Rep. PERRY asked unanimous consent that S. 1084 (Word version) be read a third time tomorrow.
Rep. MOODY-LAWRENCE objected.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:
S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
The following Bill was taken up:
S. 910 (Word version) -- Senators Knotts, Peeler and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE; AND TO AMEND SECTION 40-33-190, RELATING TO THE CONFIDENTIALITY OF COMPLAINTS, HEARINGS, AND OTHER MATTERS RELATING TO ALLEGED VIOLATIONS CONCERNING THE LICENSURE AND REGULATION OF NURSES, SO AS TO FURTHER CLARIFY THE CONFIDENTIALITY OF THESE MATTERS.
Rep. BANNISTER explained the Bill.
The ACTING SPEAKER CATO granted Rep. HARRISON a leave of absence for the remainder of the day.
Rep. BANNISTER continued speaking.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham J. Brown R. Brown Cato Chalk Chellis Clark Coates Cobb-Hunter Coleman Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McGee McLeod 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 Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on S. 910, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Bill.
Rep. Bill Cotty
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 910 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 217 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.
Rep. HAYES explained the Bill.
The ACTING SPEAKER CATO granted Rep. EMORY a leave of absence for the remainder of the day.
Rep. HAYES continued speaking.
Rep. HAYES continued speaking.
Rep. TRIPP moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN moved to table the motion, which was not agreed to by a division vote of 26 to 42.
The question then recurred to the motion to recommit the Bill, which was agreed to by a division vote of 45 to 30.
Rep. DUNCAN moved to adjourn debate upon the following Bill, which was adopted:
H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT A HOSPITAL THAT RECEIVES STATE FUNDS, INCLUDING MEDICAID FUNDS, TO PROVIDE NONREIMBURSABLE, NONEMERGENCY HEALTHCARE SERVICES TO AN ILLEGAL ALIEN UNLESS THAT PERSON PROVIDES PAYMENT FOR THESE SERVICES.
The following Joint Resolution was taken up:
H. 5218 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA, RELATING TO MARITIME SECURITY COMMISSION AND NAVAL MILITIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HAGOOD explained the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady Branham R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Delleney Edge Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hodges Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McLeod Miller Moody-Lawrence J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts Rhoad Rice Rivers Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
J. Brown Hosey Scott Thompson
So, the Joint Resolution was read the second time and ordered to third reading.
I was temporarily out of the House Chamber during the vote on H. 5218, due to a conference committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted in favor of this Joint Resolution.
Rep. Bill Cotty
On motion of Rep. WHIPPER, with unanimous consent, it was ordered that H. 5218 (Word version) be read the third time tomorrow.
Rep. CHELLIS moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 25, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 680:
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
and asks for a Committee of Conference and has appointed Senators Sheheen, Ryberg and Grooms of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. DUNCAN, UMPHLETT and FUNDERBURK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 25, 2006
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:30 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. LEACH the invitation was accepted.
The following Bill was taken up:
S. 368 (Word version) -- Senators Leatherman, O'Dell, Setzler and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
Rep. J. H. NEAL proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9533HTC06), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3216. As used in Chapter 22 of Title 40:
(1) 'ABET' means the Accreditation Board for Engineering and Technology. 'EAC' means the Engineering Accreditation Commission of ABET. 'TAC' means the Technology Accreditation Commission of ABET.
(2) 'Approved engineering curriculum' means an engineering program of four or more years determined by the board to be substantially equivalent to that of an EAC/ABET accredited curriculum.
(3) 'Board' means the South Carolina State Board of Registration for Professional Engineers and Land Surveyors created pursuant to this chapter.
(4) 'Branch office' means a place of business separate from the principal place of business where engineering services or land surveying services are provided. A specific project or construction site office is not a branch office. Nothing contained in this chapter prevents a professional engineer or professional land surveyor from undertaking an engineering or a land surveying project anywhere in the State.
(5) 'Current certificate of registration' means a license to practice which has not expired or has not been revoked and which has not been suspended or otherwise restricted by the board.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) 'Design coordination' includes the review and coordination of those technical submissions prepared by others, including as appropriate and without limitation, consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer.
(8) 'Direct responsibility', 'direct supervisory control', 'direct supervision', and 'responsible charge' all mean the direction of engineering work by an engineer or land surveying work by a land surveyor to the extent that successful completion of the work is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the work.
(9) 'Engineer' means a professional engineer as defined in this section.
(10) 'Engineering surveys' include all minor survey activities required to support the sound conception, planning, design, construction, maintenance, operation, and investigation of engineered projects but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, and easements and the independent surveys or resurveys of general land masses.
(11) 'Engineer-in-training' means a person who has qualified for and passed the Fundamentals of Engineering examination as provided in this chapter and is entitled to receive a certificate as an engineer-in-training.
(12) 'Firm' means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which practices or offers to practice engineering or land surveying, or both.
(13) 'Fraud or deceit' means intentional deception to secure gain, through attempts deliberately to conceal, mislead, or misrepresent the truth in a manner that others might take some action in reliance or an act which provides incorrect, false, or misleading information on which others might rely.
(14) 'GIS' means geographic information systems.
(15) 'Good character' refers to a person of good moral character and one who has not been convicted of a violent crime, as defined in Section 16-1-60, or a crime of moral turpitude.
(16) 'Gross negligence' means an act or course of action, or inaction, which denotes a lack of reasonable care and a conscious disregard or indifference to the rights, safety, or welfare of others and which does or could result in financial loss, injury, or damage to life or property.
(17) 'Incompetence' means the practice of engineering or land surveying by a licensee determined to be either incapable of exercising ordinary care and diligence or lacking the ability and skill necessary to properly perform the duties undertaken.
(18) 'Land surveyor-in-training' means a person who has qualified for and passed the Fundamentals of Land Surveying examination as provided in this chapter and is entitled to receive a certificate as a land surveyor-in-training.
(19) 'Licensed' means authorized by this board, pursuant to the statutory powers delegated by the State to this board, to engage in the practice of engineering, or land surveying, or engineering and land surveying, as evidenced by the board's certificate issued to the registered license holder.
(20) 'Misconduct' means the violation of a provision of this chapter or of a regulation promulgated by the board pursuant to this chapter.
(21) 'NCEES examination' means the national written or electronic examination developed, printed, and administered by the National Council of Examiners for Engineers and Surveyors (NCEES).
(22) 'Practice of engineering' means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, design and design coordination of engineering works and systems, design for development and use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems projects, and industrial or consumer products or equipment of control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. The mere execution, as a contractor, of work designed by a professional engineer or supervision of the construction of such work as a foreman or superintendent is not considered the practice of engineering. A person must be construed to practice or offer to practice engineering, within the meaning and intent of this chapter who:
(a) practices any branch of the profession of engineering; or
(b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer or that he is licensed under this chapter; or
(c) holds himself out as able to perform or does perform any engineering service or work or any other professional service designated by the practitioner or which is recognized as engineering.
(23) 'Practice of TIER A land surveying' means providing professional services including, but not limited to, consultation investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling, and interpreting reliable scientific measurements and information relative to the location, size, shape, or physical features of the earth, the space above the earth, or part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, site plan, report, description, or project. The practice of TIER A land surveying consists of three separate disciplines: land boundary surveying, photogrammetry, and geographic information systems/land information systems (GIS/LIS). A land surveyor may be licensed in one or more of the disciplines and practice is restricted to only the discipline or disciplines for which the land surveyor is licensed. The practice of TIER A land surveying does not include the use of the GIS or LIS to create maps pursuant to Section 40-22-290, analyze data, or create reports. The scope of the individual disciplines are identified as follows:
(a) Land Boundary Surveyor:
(1) locates, relocates, establishes, re-establishes, lays out, or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation of any fixed works embraced within the practice of land surveying, or makes any survey for the subdivision of land;
(2) determines, by the use of principles of land surveying, resets, or replaces such monument or reference; determines the topographic configuration or contour of the earth's surface with terrestrial measurements; conducts hydrographic surveys;
(3) conducts geodetic surveying which includes surveying for determination of geographic position in an international three-dimensional coordinate system, where the curvature of the earth must be taken into account when determining directions and distances; geodetic surveying includes the use of terrestrial measurements of angles and distances, as well as measured ranges to artificial satellites.
(b) A photogrammetric surveyor determines the configuration or contour of the earth's surface or the position of fixed objects thereon by applying the principles of mathematics on remotely sensed data, such as photogrammetry.
(c) A geographic information systems/land information systems mapper creates, prepares, or modifies electronic or computerized data including land information systems and geographic information systems relative to the performance of the activities described in subitems (a) and (b) above.
(24) 'Practice of TIER B land surveying' includes all rights and privileges of the TIER A land boundary surveying discipline defined in Section 40-22-20(23)(a); and in addition to these rights and privileges, TIER B land surveying includes, for subdivisions, preparing and furnishing subdivision plans for sedimentation and erosion control and storm drainage systems, if the systems do not require the structural design of system components and are restricted to the use, where relevant, of any standards prescribed by local, state, or federal authorities. Regulations defining the scope of the additional powers granted to TIER B land surveyors must be promulgated by the board.
(25) 'Private practice firm' means a firm as defined herein through which the practice of engineering or land surveying would require a certificate of authorization as described in this chapter.
(26) 'Private practitioner' means a person who individually holds himself out to the general public as able to perform, or who individually does perform, the independent practice of engineering or land surveying.
(27) 'Professional engineer' means a license holder who, by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, all as attested by his legal license and registration as a professional engineer in this State.
(28) 'Professional land surveyor' means a person who is qualified to practice any discipline of TIER A or TIER B land surveying in this State, as defined in this section and as attested by his legal license and registration as a TIER A or TIER B professional land surveyor in this State.
(29) 'Professions of architecture, landscape architecture, and geology' mean those specified professions as defined by the laws of this State and applicable regulations.
(30) 'Registered' means the engineer or land surveyor is licensed and registered in the State.
(31) 'Resident professional engineer' or 'resident professional land surveyor', with respect to principal office and branch office requirements, means a licensed practitioner who spends a majority of each normal workday in the principal or branch office.
Section 11-35-3217. (A) A person having the necessary qualifications prescribed in Chapter 22 of Title 40 to entitle him to registration is eligible for licensure, although he may not be practicing his profession at the time he applies. The professional engineer must be certified as an engineer-in-training as a prerequisite to licensure.
(B) To be eligible for certification as an engineer-in-training, an applicant must be of good character and reputation and be able to effectively communicate in the English language. The minimum evidence satisfactory to the board that an applicant is qualified for certification as an engineer-in-training is:
(1) graduation in an EAC/ABET engineering curriculum of four or more scholastic years from a school or college in satisfactory standing and passing of the NCEES examination, Fundamentals Examination, as required by the board; or
(2) graduation in an approved engineering curriculum from a school or college in satisfactory standing other than those in item (1), or graduation in an engineering technology curriculum of four or more years from a school or college in satisfactory standing, or graduation in a TAC/ABET engineering technology curriculum of four or more years from a school or college in satisfactory standing, a specific record after graduation of four or more years of progressive engineering work of a character satisfactory to the board and passing the NCEES examination, Fundamentals Examination; however, the applicant may be certified as an engineer-in-training only after having first attained four years of progressive experience in engineering work of a character satisfactory to the board.
(C) To be eligible for licensure and registration as a professional engineer, an applicant must be of good character and reputation and be able to effectively communicate in the English language. When the evidence presented in the application does not appear conclusive to the board or does not warrant the issuing of a license, the applicant may be required to present further evidence for consideration by the board. The applicant also shall meet the requirements of the other pertinent sections of this chapter. The minimum evidence satisfactory to the board that an applicant is qualified for licensure as a professional engineer is:
(1) graduation in an EAC/ABET engineering curriculum of four or more scholastic years from a school or college in satisfactory standing and a specific record of an additional four or more years of progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering (in counting years of experience, the board may give one year credit for satisfactory completion of a Master's Degree in engineering or maximum credit of two years for satisfactory completion of the doctorate level degree in engineering), and passing the NCEES examination, Principles and Practice, as required by the board; or
(2) graduation from an engineering curriculum from a school or college as being in satisfactory standing other than those in item (1), a specific record after graduation of eight or more years of progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering, and passing the NCEES examination, Principles and Practice, as required of applicants by the board in item (1); or
(3) graduation from an engineering technology curriculum from a school or college in satisfactory standing, or graduation from a TAC/ABET accredited engineering technology curriculum from a school or college in satisfactory standing, a specific record after graduation of eight or more years of progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering, and passing the NCEES examination, Principles and Practice, as required of applicants by the board in item (1).
(D) An applicant will receive his professional engineer license to practice upon passing the NCEES examination, Principles and Practice."
B. Sections 40-22-20 and 40-22-220 of the 1976 Code are repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL explained the amendment.
Rep. SKELTON raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the amendment dealt with licensing qualifications of engineers and the Bill dealt with the state procurement code. He therefore sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 368 (Word version) be read the third time tomorrow.
Rep. G. R. SMITH moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
Reps. HERBKERSMAN and DAVENPORT proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7443AHB06), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Chapter 9, Title 6 of the 1976 Code is amended by adding:
"Section 6-9-14. A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by an Americans with Disabilities Act inspector."/
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.
Rep. BAILEY moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 5197 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7455AHB06):
Amend the bill, as and if amended, SECTION 1, page 5, immediately after line 3, by inserting:
/ Section 40-11-570. The claimant's written notice made pursuant to Section 40-11-530 tolls the applicable statute of limitations and statute of repose pursuant to Title 15, Chapter 3, and an applicable warranty period for one hundred twenty days after the date the written notice is served upon the contractor, subcontractor, supplier, or design professional." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. RICE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. COOPER moved to adjourn debate upon the following Joint Resolution, which was adopted:
S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts, Courson, Mescher and Ford: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS, TO PROVIDE AN ALTERNATE METHOD THAT IS VALUATION OF REAL PROPERTY AT FAIR MARKET VALUE WITH ASSESSMENT EVERY FIVE YEARS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PROPOSE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT, AND TO PROVIDE PENALTIES FOR KNOWINGLY FALSIFYING INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO QUADRENNIAL REASSESSMENT, SO AS TO ALLOW PORTIONS OF A COUNTY TO BE REASSESSED AS A "ROLLING" REASSESSMENT; TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATIONS OF PROPERTY, SO AS TO CONFORM THE LANGUAGE TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED.
Rep. JENNINGS moved to adjourn debate upon the following Joint Resolution, which was adopted:
S. 1333 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
The following Bill was taken up:
S. 792 (Word version) -- Senator Thomas: 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.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12573AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-20-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-20-10. This chapter may be cited as the 'South Carolina Dietetics Licensure Act'.
Section 40-20-20. In addition to the definitions pursuant to Article 1, Chapter 1:
(1) 'Dietetics' means the integration and application of dietary principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of dietary nutrition care services.
(2) 'Licensed dietitian' means an individual licensed in good standing to practice dietetics pursuant to the provisions of this chapter. For purposes of this chapter, 'dietitian' is synonymous with 'registered dietitian'.
(3) 'Nutrition care services' means any part or all of the following:
(a) assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;
(b) establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(c) providing nutritional counseling in health and disease;
(d) developing, implementing, and managing nutrition care systems;
(e) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services;
(f) transcribing a verbal order into patient records for co-signature by the ordering physician and implementing a physician's written and verbal orders which pertain to the practice of dietetics, if the practice of dietetics is specifically authorized by the medical director and the health care facility where the care is taking place. In the delivery of dietetic home care, this care must be authorized specifically by the physician sponsor.
(g) implementing nutrition related orders under a protocol approved by the medical staff of a licensed health care facility. 'Nutrition care services' does not include the retail sale of food products or vitamins and minerals.
(4) 'Panel' means the Panel for Dietetics under the Department of Labor, Licensing and Regulation.
(5) 'Registered dietitian' means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association as a registered dietitian.
Section 40-20-30. It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters 'LD' or any facsimile or combination in any words, letters, abbreviations, or insignia. An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on dates as established by the director.
Section 40-20-40. (A) There is created the South Carolina Panel for Dietetics under the administration of the Department of Labor, Licensing and Regulation composed of the following seven members to be appointed by the Governor with the advice and consent of the Senate:
(1) One member shall represent the public at large and must not be a dietitian, an agent or employee of a person engaged in the profession of dietetics, a licensed health care professional, an agent or employee of a health care institution, a health care insurer, or a health care professional school, a member of any allied health care profession, or the spouse of any of these individuals.
(2) One member must be employed by a hospital and recommended by the South Carolina Hospital Association.
(3) Five members must be dietitians licensed to practice in this State and recommended by the South Carolina Dietetic Association:
(a) one must be a professional whose primary practice is clinical dietetics;
(b) one must be a professional whose primary practice is community or public health dietetics;
(c) one must be a professional whose primary practice is consulting in dietetics;
(d) one must be a professional whose primary practice is in management of nutritional services;
(e) one must be an educator on the faculty of a college or university, specializing in the field of dietetics.
(B) Panel members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term, and no member may serve more than two full two-year terms consecutively. The Governor may remove a member of the panel in accordance with Section 1-3-240. Members of the panel shall serve without compensation; however, members may receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees.
Section 40-20-50. (A) The duties of the panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
(B) The panel shall also conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter, mediate consumer complaints, where appropriate and possible, and discipline persons licensed under this chapter in any manner provided for in this chapter.
Section 40-20-55. (A) The panel must be administered by the department in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities.
(B) Fees must be assessed, collected, and adjusted on behalf of the panel by the department in accordance with this chapter and Section 40-1-50(D).
Section 40-20-60. An applicant for licensure as a dietitian shall file an application provided by the department and demonstrate by acceptable evidence that he or she:
(1) has successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or
(2) has passed an examination as prescribed by the department and has received a baccalaureate degree or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study from a regionally accredited college or university as approved by the department.
Section 40-20-70. An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration.
Section 40-20-80. The panel may recommend additional requirements for license renewal to obtain evidence of a dietitian's continued competency. The department may provide for the late renewal of a license upon payment of a late fee.
(A) A license automatically reverts to inactive status if the licensee fails to timely comply with this subsection and only may be reinstated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing competency requirements.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
Section 40-20-100. (A) In addition to the provisions pursuant to Section 40-1-110, the panel may revoke or suspend a dietitian's license or impose any other reasonable limitation on a dietitian's practice if the dietitian engages in any of the following conduct and this conduct is likely to endanger the health, welfare, or safety of the public:
(1) using a false, fraudulent, or forged statement or engaging in a fraudulent, deceitful, or dishonest act in connection with any licensure requirement;
(2) having an addiction to alcohol or drugs to such an extent as to render the licensee unfit to practice dietetics;
(3) having been convicted for the illegal or unauthorized practice of dietetics;
(4) knowingly performing any act which in any way assists an unlicensed person to practice dietetics;
(5) having a physical or mental disability that renders further practice by the licensee dangerous to the public;
(6) violating the code of ethics for the profession of dietetics;
(7) engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) using a false or fraudulent statement in any document connected with the practice of dietetics;
(9) intentionally violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter;
(10) committing an act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence;
(11) engaging in any activity that is beyond the scope of practice of dietetics as set forth in this chapter.
(B) The suspension or revocation of a dietitian's license or the imposition of probationary conditions upon a dietitian may be recommended by the panel after a hearing is conducted.
Section 40-20-110. This chapter does not apply to:
(1) a student enrolled in an approved academic program in dietetics who is engaging in the practice of dietetics, if the practice constitutes a part of a supervised course of study, and if the student is designated by a title which clearly indicates his status as a student or trainee;
(2) a dietitian who is serving in the Armed Forces or who is employed by any other federal agency and who is engaging in the practice of dietetics if this practice is related to the individual's military service or federal employment;
(3)(a) a person in a licensed healthcare profession providing diet, food, or nutrition information within the scope of his or her practice, except that the person may not represent himself or herself as a 'dietitian';
(b) an employee of a physician or osteopath who works in the private office of and under the direction and supervision of a physician or osteopath, if that employee does not engage in the practice of dietetics or use the titles 'dietitian';
(4) a person who performs the activities and services of a nutrition educator in the employment of a federal, state, county, or municipal agency, or another political subdivision, or a chartered elementary or secondary school, or an accredited degree-granting educational institution if these activities and services are part of a salaried position;
(5) an employee of a state agency who is engaging in the practice of dietetics within the discharge of his or her official duties who is authorized to use the title 'dietitian' and who is not registry-eligible or registered currently with the Commission on Dietetic Registration as of July 1, 2006;
(6) a nonresident registered dietitian practicing dietetics in this State for five days without a license or up to thirty days a year with licensure from another state if the requirements for licensure in the other state are substantially equal to the licensure requirements contained in this chapter;
(7) a person marketing or distributing food, food materials, or food supplements or a person who is engaging in an explanation of the use or preparation of these products or a person who is furnishing general nutrition information related to these products in connection with the marketing or distribution of these products, or is providing nutritional counseling in health, if that person does not represent himself or herself as a dietitian;
(8) a person providing weight control services through a program that does not allow program change to be initiated without prior approval by a licensed dietitian and the program has been reviewed by, and consultation is available from, a dietitian licensed in another state, which has licensure requirements at least as stringent as the requirements for licensure under this chapter, or a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association;
(9) any faith-based promotional health programs; or
(10) any act that can cause the prosecution, restriction, prevention or control of any activity, service or person except in violation of Section 40-20-130.
Section 40-20-120. Nothing in this chapter may be construed to require direct third-party reimbursement to persons licensed under this chapter.
Section 40-20-130. (A) It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters 'LD' or any facsimile or combination in any words, letters, abbreviations, or insignia.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both."
SECTION 2. This act takes effect July 1, 2006, except Section 40-20-130 which takes effect July 1, 2009./
Renumber sections to conform.
Amend title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. UMPHLETT, with unanimous consent, it was ordered that S. 103 (Word version) be read the third time tomorrow.
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. WHITE moved to adjourn debate on the Senate Amendments, which was agreed to.
Rep. WHITE moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 25, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, O'Dell and Cromer of the Committee of Conference on the part of the Senate on S. 572:
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5236 (Word version) -- Reps. Sandifer and Cato: A CONCURRENT RESOLUTION TO ADVANCE THE NEED FOR ELECTRIC UTILITIES TO BUILD NEW NUCLEAR POWER PLANTS IN SOUTH CAROLINA AND TO URGE THE OFFICE OF REGULATORY STAFF AND THE PUBLIC SERVICE COMMISSION TO ENCOURAGE SUCH CONSIDERATION.
The Concurrent Resolution was ordered placed on the calendar.
The following was introduced:
H. 5237 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE, HONOR, AND EXPRESS APPRECIATION TO FORMER MAYOR OF NEWBERRY, CLARENCE A. SHEALY, JR., FOR HIS NOTABLE ACCOMPLISHMENTS AND OUTSTANDING LEADERSHIP PROVIDED TO THE CITY OF NEWBERRY DURING TWENTY-THREE YEARS AS MAYOR AND EIGHT PREVIOUS YEARS AS A MEMBER OF CITY COUNCIL; AND TO COMMEND AND THANK HIM FOR HIS DISTINGUISHED SERVICE AS BOARD CHAIRMAN AND BOARD MEMBER OF THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY FOR MORE THAN TWENTY-FIVE YEARS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1445 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2006, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 6, 2006 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 8, 2006, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 8, 2006, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Concurrent Resolution was ordered placed on the calendar.
Rep. LUCAS moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted:
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
Rep. LUCAS moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:
H. 5197 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LUCAS moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:
S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
Rep. KENNEDY moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted:
S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts, Courson, Mescher and Ford: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS, TO PROVIDE AN ALTERNATE METHOD THAT IS VALUATION OF REAL PROPERTY AT FAIR MARKET VALUE WITH ASSESSMENT EVERY FIVE YEARS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PROPOSE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT, AND TO PROVIDE PENALTIES FOR KNOWINGLY FALSIFYING INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO QUADRENNIAL REASSESSMENT, SO AS TO ALLOW PORTIONS OF A COUNTY TO BE REASSESSED AS A "ROLLING" REASSESSMENT; TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATIONS OF PROPERTY, SO AS TO CONFORM THE LANGUAGE TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED.
Rep. COOPER moved to adjourn debate upon the following Joint Resolution until Tuesday, May 30, which was adopted:
S. 1333 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted:
S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 5225 (Word version) be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 613 (Word version) be read the third time tomorrow.
Rep. SANDIFER asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. OTT objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3662 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. OTT asked unanimous consent that S. 1437 (Word version) be read a third time tomorrow.
Rep. BINGHAM objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 4849 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. TRIPP objected.
Rep. RHOAD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 3:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R332, S. 991 (Word version)) -- Senators Ryberg, Land and Moore: AN ACT TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
(R333, S. 1045 (Word version)) -- Senators Ritchie, Bryant, Campsen and Knotts: AN ACT TO AMEND SECTION 20-1-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO PROVIDE A ONE-TIME FIFTY-DOLLAR NON-REFUNDABLE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE AND TO PROVIDE CERTAIN REQUIREMENTS FOR A PREMARITAL PREPARATION COURSE; AND BY ADDING SECTION 12-6-3381 SO AS TO CREATE THE TAX CREDIT FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
(R334, S. 1147 (Word version)) -- Senators O'Dell, McGill and Knotts: AN ACT TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
(R335, S. 1318 (Word version)) -- Senators Anderson and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE FOR PATIENT PRIVACY, TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC AND TO PROVIDE THAT COMPLIANCE WITH THIS ARTICLE IS A CONDITION OF HOSPITAL LICENSURE.
(R336, H. 3615 (Word version)) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: AN ACT TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN REQUIREMENTS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
(R337, H. 3665 (Word version)) -- Rep. Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-166 SO AS TO DECLARE DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY IN SOUTH CAROLINA, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.
(R338, H. 3922 (Word version)) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 96 SO AS TO PROVIDE THAT EVERY AUTOMOBILE MANUFACTURER THAT HAS USED MERCURY SWITCHES ANY TIME SINCE 1996 SHALL DEVELOP AND BEAR THE COST OF OPERATING, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AN END-OF-LIFE VEHICLE SOLUTIONS PROGRAM TO ADVANCE THE EFFORTS OF VEHICLE RECYCLABILITY AND COLLECTION AND DISPOSAL OF MERCURY SWITCHES FROM VEHICLES THAT ARE BEING RECYCLED; AND TO PROVIDE FURTHER FOR THE REQUIREMENTS OF THIS PROGRAM, INCLUDING, PROGRAM OVERSIGHT, EDUCATIONAL AND OUTREACH MATERIALS, MERCURY SWITCH COLLECTION CONTAINERS AND A COLLECTION SYSTEM, AND REPORTING REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT TO UTILIZE FUNDS FROM THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AUTHORIZE FINES FOR VIOLATIONS; AND TO ADD SECTION 12-6-3525 SO AS TO PROVIDE A TWO DOLLARS AND FIFTY CENTS TAX CREDIT FOR EACH MERCURY SWITCH COLLECTED AND SUBMITTED FOR DISPOSAL AND TO PROVIDE THAT THIS CREDIT MAY BE USED TO REDUCE CORPORATE TAX LIABILITY OR CORPORATE LICENSE FEES.
(R339, H. 4446 (Word version)) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.
(R340, H. 4481 (Word version)) -- Reps. Martin, Townsend, J.H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: AN ACT TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION, AND TO PROVIDE THAT WHEN THE DEPARTMENT IMPLEMENTS A NEW VEGETATION MANAGEMENT POLICY, IT MUST CONSIDER COMMENTS FROM THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT POLICY.
(R341, H. 4532 (Word version)) -- Reps. Coates, McGee and Townsend: AN ACT TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE DEALER AND WHOLESALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A DEALER OR WHOLESALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
(R342, H. 4595 (Word version)) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT PROVIDING A POTENTIAL BUYER A CONTRACT OR PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER; TO REQUIRE THE PERSON INSTALLING THE SYSTEM TO BE LICENSED PURSUANT TO CHAPTER 59, TITLE 40; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
(R343, H. 4840 (Word version)) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J.R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M.A. Pitts, Rivers, D.C. Smith, G.R. Smith, Vaughn, Mitchell, White, Brady and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
(R344, H. 4858 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R345, H. 4962 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R346, H. 4965 (Word version)) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.
(R347, H. 5049 (Word version)) -- Reps. Bowers, R. Brown and Hodges: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
(R348, 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.
The Senate returned to the House with concurrence the following:
H. 5123 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 378 TO ITS INTERSECTION WITH THE SUMTER/LEE COUNTY LINE THE "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY".
At 3:45 p.m. the House, in accordance with the motion of Rep. LITTLEJOHN, adjourned in memory of Krishona Sharell Wofford, to meet at 10:00 a.m. tomorrow.
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