Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 67:1-2: "May God be gracious to us and bless us and make his face to shine upon us, that your ways may be known upon earth, your saving power among the nations."
Let us pray. Almighty God, we give thanks for our country as Your good gift to us, along with all the blessings. On this day especially, we give thanks for those who have given the ultimate sacrifice for the freedoms and liberty we enjoy and for the men and women who still serve to keep us free. Help us to be good citizens of this land and to do our part in preserving our liberties. Give these Representatives guidance and wisdom. Bestow Your blessings on our defenders of freedom as they protect us and comfort those who wait at home. 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 Friday, the SPEAKER ordered it confirmed.
Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Captain Douglas DiCenzo who was killed in Iraq, which was agreed to.
The House stood in silent prayer for Richard N. Ceips, husband of Representative Ceips.
The SPEAKER ordered the following veto printed in the Journal:
May 29, 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 signature H. 3402, R. 330.
H. 3402 (Word version) would allow two or more legislators to form a "legislative special interest caucus" in regard to a shared "special interest." To its credit, the General Assembly shut the door years ago on the type of abuse this Bill would inevitably lead to by passing nationally-acclaimed ethics reform legislation. Prior to that legislation, a group of legislators - calling itself a "caucus" - could and frequently did extort meals and entertainment from those seeking legislation. Some of those legislators even went on record saying that if those seeking legislation refused to entertain the legislators, then the Bills they were advocating would be killed.
Despite the limiting language of H. 3402 with respect to what donations to such special interest caucuses may be used for, I believe it still serves to erode the commendable and necessary reforms of the 1990's.
I am vetoing this legislation for two reasons. First, it promotes a system of governance that I do not believe leads to public policy that is in the best interest of all South Carolinians. Second, it establishes an environment for potential election abuses, and rolls back the anti-corruption reforms of the early 1990's.
Just like thousands of other South Carolinians, I have hunted and fished all my life. I would encourage members of the legislative body to get together and promote hunting and fishing. I just don't think members should be compensated or subsidized for doing so. If you went to Hampton County, and legislators who already hunted and fished together now called themselves a caucus - and, as a consequence, got trips and meals paid for by those who had a desire to affect the political system - folks would say there is no free lunch and that this is a way of impacting the political system. That it is. This Bill materially rolls back the ethics rules that came as a result of votes being sold in the 1990's.
As a threshold matter, it should be noted that H. 3402 is not, as many of its supporters characterize it, a "sportsmen's caucus bill." The Bill provides that "[a] legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." (Emphasis added) A legislative special interest caucus means "two or more legislators who seek to be affiliated based upon a special interest." The Bill does not simply provide a vehicle for creating a "sportsmen's caucus," but allows a special interest caucus to be formed around anything in which at least two legislators share an interest.
I would ask members to think about where this leads. How about a transportation caucus paid for by road contractors? Similarly, many members rightfully are focused on tourism, how about all expense paid trips to Orlando or Las Vegas in the fall or winter - or Alaska and London in the summer? In the age of Washington fundraising scandals, I do not believe it is in the political best interest of members to open this floodgate that will be used by some worthy, and other not so worthy, interest groups.
As early as 1787, James Madison warned about the "mischiefs of single factions." And as a member of the United States Congress, I witnessed first-hand and participated in investigations of corruption and scandal by interest-group activities. I strongly believe that Madison was right to be concerned about "single-issue politics" and believe that such do not lead to sound public policy.
A classic example of the bad policy that can result from such as system is the billboard protection that passed earlier this year. That bad piece of legislation - which degrades our state's quality of life and erodes the legitimate right of our state's local governments to determine how a local community looks and feels - passed after the billboard industry - significantly composed of large and, in many cases, out-of-state industries - dumped literally hundreds of thousand of dollars into lobbyists and caucuses.
Aside from the negative impact the proliferation of special interest money has on public policy, H. 3402 also creates an environment for potential election abuses. I realize that the Bill provides that "under no circumstances may a legislative special interest caucus engage in political activity that would influence the outcome of an election or a ballot measure," but this is of little comfort to advocates of good government because, to a substantial degree, the entities monitoring the activities of the special interest caucuses would be the Clerk's Office of the Senate or House of Representatives. I know the current clerks of those legislative chambers to be honest and upright individuals; however, it remains bad policy to form such a close tie between the supervisory office and the special interest caucus being supervised.
This potential problem was a very real one in Wisconsin a few years ago. The boards charged with supervising the legislative caucuses refused to provide documents relating to their review of the caucuses and, in fact, conducted meetings with legislative leaders behind closed doors. The boards even went so far as to deny a Milwaukee Journal Sentinel request to review all interviews, summaries and reports compiled by the agency in its caucus review.
I also realize that H. 3402 provides that a special interest caucus may solicit funds from the general public only "for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences." But this limitation, too, provides but little comfort to advocates of good government. The bottom line is that this language allows a caucus based on any "special legislative interest" to be wined and dined by special interests.
For these reasons, I am returning H. 3402 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
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 concurs in the amendments proposed by the House to H. 4800:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 concurs in the amendments proposed by the House to S. 1107:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 concurs in the amendments proposed by the House to S. 1243:
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".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 concurs in the amendments proposed by the House to S. 148:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 concurs in the amendments proposed by the House to S. 1032:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 concurs in the amendments proposed by the House to S. 66:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5238 (Word version) -- Rep. Funderburk: A HOUSE RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ADDRESS IN AN URGENT AND COMPASSIONATE MANNER THE MANY NEEDS OF U.S. MILITARY VETERANS RETURNING HOME FROM IRAQ.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5239 (Word version) -- Reps. R. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WILLIAM "BILL" SAUNDERS FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5240 (Word version) -- Reps. Owens, Hiott, Rice, Skelton, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, 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, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE GRATITUDE TO JEAN L. CHESNO FOR HER SERVICE TO THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE HER DEDICATION TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, IN PARTICULAR, AND TO WISH HER CONTINUED HAPPINESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5241 (Word version) -- Reps. Anderson, Breeland, Clyburn, F. N. Smith, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, 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, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR BISHOP PRESTON WARREN WILLIAMS ON HIS IMPRESSIVE INVESTITURE FOR A ONE-YEAR TERM AS PRESIDENT OF THE TWENTY-ONE MEMBER GLOBAL COUNCIL OF BISHOPS, AND TO WISH HIM ALL THE BEST UPON HIS APPOINTMENT.
The Resolution was adopted.
The following was introduced:
H. 5242 (Word version) -- Reps. Chalk, Harrell, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, 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, 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 COMMEMORATE THE TWO HUNDRED FIFTIETH ANNIVERSARY OF THE MACE AND TO REFLECT UPON ITS RICH HISTORY AS THE EMBLEM OF AUTHORITY OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1030 (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 Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60 AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO REQUIRE A MUNICIPALITY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY.
On motion of Rep. HARRISON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1438 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk 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 McCraw McGee McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 30.
Vida Miller Karl Allen Becky Martin Jerry Govan Fletcher Smith
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the remainder of session due to military orders.
Rep. G. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 25.
Announcement was made that Dr. Oscar Lovelace of Prosperity is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3753 (Word version)
Date: ADD:
05/30/06 VIERS
The Veto on the following Act was taken up:
(R330) H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: AN ACT TO AMEND SECTION 2-17-10 AND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL.
Rep. M. A. PITTS explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Perry E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Harrison Norman Tripp
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was temporarily out of the House Chamber during the vote on the Governor's Veto of H. 3402, due to a Conference Committee meeting on H. 4449, the Property Tax Reform Bill. Had I been present I would have voted to sustain the Governor's veto.
Rep. Bill Cotty
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
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. SINCLAIR explained 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. E. H. PITTS explained the Bill.
Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Ballentine Bingham Brady Clark Cotty Harrison Howard Huggins J. H. Neal Ott Scott0
Those who voted in the negative are:
Frye Haley McLeod E. H. Pitts Rutherford Toole
So, the Bill was read the third time and ordered returned to the Senate with amendments.
Rep. BRANHAM 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.
The following Bill was taken up:
S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE AFTER SUSPENSION; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY ILL; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON, PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION RELATED TO PROCEEDINGS AND CERTAIN COMMUNICATIONS UNTIL FILED; PROVIDE THAT THE DEPARTMENT SHALL PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
Reps. WHITE, G. R. SMITH, SKELTON, HAGOOD, PERRY, DAVENPORT, ANDERSON, HAYES, COBB-HUNTER, BANNISTER, WEEKS, SANDIFER, J. H. NEAL, HALEY, E. H. PITTS, PARKS, PINSON, CLYBURN, JEFFERSON, TOOLE, AGNEW, CATO, LOFTIS, MAHAFFEY, MITCHELL and VAUGHN requested debate on the Bill.
The following Bill was taken up:
S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12594AC06), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-185. (A) Each public or private educational institution of higher learning shall provide immunization information to each student upon initial entry to the institution.
(B) Immunization information must include all vaccinations recommended for routine administration for persons aged nineteen years of age or older according to the current year's 'Recommended Adult Immunization Schedule, United States' annually published by the United States Department of Health and Human Services, Centers for Disease Control and Prevention.
(C) Immunization information must be contained on student health forms provided to each entering student by the educational institution and must include space for the student to indicate whether or not the student has received the recommended vaccinations.
(D) The educational institution may require certain or all recommended vaccinations as part of its admission policy.
(E) This section must not be construed to require the educational institution to provide these vaccinations to students.
(F) This section does not apply if the Centers for Disease Control and Prevention no longer recommend these vaccinations."
SECTION __. Section 59-101-290 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. BRANHAM explained the amendment.
The amendment was then adopted.
Rep. HALEY proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12617AC06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-29-40 of the 1976 Code is amended to read:
"Section 44-29-40. (A) The Department of Health and Environmental Control shall have has general direction and supervision of vaccination, screening, and immunization in this State in regard to contagious diseases, and the department is authorized to establish an immunization registry. All persons required to be immunized pursuant to Section 44-29-180 must be enrolled on the registry unless a specific exemption is requested by the person or the person's parent or guardian if the person is eighteen years of age or younger.
(B) The Department of Health and Environmental Control shall have the authority to may promulgate rules and regulations concerning vaccination, screening, and immunization requirements, including reporting requirements for an immunization registry."
SECTION 2. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-185. (A) Each public or private educational institution of higher learning shall provide immunization information to each student upon initial entry to the institution.
(B) Immunization information must include all vaccinations recommended for routine administration for persons aged nineteen years of age or older according to the current year's 'Recommended Adult Immunization Schedule, United States' annually published by the United States Department of Health and Human Services, Centers for Disease Control and Prevention.
(C) Immunization information must be contained on student health forms provided to each entering student by the educational institution and must include space for the student to indicate whether or not the student has received the recommended vaccinations.
(D) The educational institution may require certain or all recommended vaccinations as part of its admission policy. However, the institution's admission policy must allow an exemption from required vaccinations due to a medical contraindication or religious practice.
(E) This section must not be construed to require the educational institution to provide these vaccinations to students.
(F) This section does not apply if the Centers for Disease Control and Prevention no longer recommend these vaccinations."
SECTION 3. Section 59-101-290 of the 1976 Code is repealed./
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
Rep. HALEY continued speaking.
Reps. TRIPP, BAILEY, TALLEY, KIRSH, SCARBOROUGH, MOODY-LAWRENCE, HAYES, J. BROWN, HOSEY, HALEY, MACK and FUNDERBURK requested debate on the Bill.
The following Bill was taken up:
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT OF STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT OF STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM 'CONVICTION' AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
Rep. TOWNSEND moved to continue the Bill, which was agreed to.
The following Joint Resolution was taken up:
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. SINCLAIR moved to commit the Joint Resolution to the Committee on Judiciary, which was agreed to.
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), which was adopted:
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.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
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. COOPER 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.
Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. ALTMAN objected.
Rep. COOPER asked unanimous consent to recall S. 1044 (Word version) from the Committee on Ways and Means.
Rep. HODGES objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3662 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. COOPER objected.
Rep. WHITMIRE asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. TRIPP objected.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1044 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 1059 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-1-190, RELATING TO AN EXPRESSION OF APOLOGY BETWEEN AND AMONG PARTIES OR POTENTIAL PARTIES TO A CIVIL ACTION, SO AS TO ENCOURAGE A STATEMENT OF APOLOGY BETWEEN A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, AND PATIENTS EXPERIENCING AN UNANTICIPATED OUTCOME RESULTING FROM THEIR MEDICAL CARE.
The Veto on the following Act was taken up:
(R318) H. 4951 (Word version) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Rep. COOPER explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Delleney Frye Haley Harrell Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kirsh Leach Loftis Lucas Mack Martin McCraw McGee McLeod Miller Mitchell J. H. Neal Neilson Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Sinclair Skelton F. N. Smith G. R. Smith J. R. Smith W. D. Smith Talley Thompson Toole Townsend Tripp Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Altman Chalk Cotty Edge Hagood Hamilton Limehouse Mahaffey Merrill Scarborough Simrill D. C. Smith G. M. Smith Stewart Viers
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
During the House debate and vote on the Governor's Veto of H. 4951, I was attending a Conference Committee meeting on unattended gas stations. I would have voted to sustain the veto.
Rep. Jeff Duncan
The Veto on the following Act was taken up:
(R317) H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J. E. Smith: AN ACT TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE STATE ACCIDENT FUND.
Rep. COOPER moved to adjourn debate on the Veto until Wednesday, May 31, which was agreed to.
The Veto on the following Act was taken up:
(R311) H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: AN ACT TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.
Rep. THOMPSON explained the Veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Edge Emory Frye Govan Haley Hardwick Harrell Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Townsend Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon
Those who voted in the negative are:
Bailey Cotty Hagood Hamilton Merrill Norman W. D. Smith Stewart Tripp Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
During the House debate and vote on the Governor's Veto of H. 3977, I was attending a Conference Committee meeting on unattended gas stations. I would have voted to override the veto.
Rep. Jeff Duncan
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 upon the Senate Amendments until Wednesday, May 31, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3789 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.
Rep. M. A. PITTS moved to adjourn debate upon the Senate Amendments until Thursday, June 1, which was agreed to.
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. 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:
S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
Rep. LOFTIS 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. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.
Rep. WALKER 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. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G. R. Smith, J. E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; BY ADDING SECTION 12-36-2140 SO AS TO PROVIDE FOR AN EXEMPTION FOR A MANUFACTURING PROPERTY FROM THE STATE SALES TAX ON NATURAL GAS ONCE THE PRICE OF NATURAL GAS EXCEEDS $6.50 FOR A DECATHERM; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AS A TAXPAYER WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR THE ALLOCATION OF THE TOTAL AMOUNT OF THE CREDITS ANNUALLY; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; AND TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT.
Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\6943CM06), which was adopted:
Amend the bill, as and if amended, by striking SECTION 11 in its entirety as contained on pages 10 and 11 and inserting:
/ SECTION 11. A. Section 12-36-2120 of the 1976 Code, as last amended by Act 164 of 2005, is further amended by adding the following appropriately numbered items at the end:
"( ) effective July 1, 2011, construction materials used in the construction of a single manufacturing and distribution facility with a capital investment of at least one hundred million in real and personal property in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51).
( ) any property sold to the public through a sheriff's sale as provided by law."
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a single manufacturing and distribution facility, created by this act, is four percent for sales from July 1, 2007, through June 30, 2008, three percent for such sales from July 1, 2008, through June 30, 2009, two percent for such sales from July 1, 2009, through June 30, 2010, and one percent for such sales from July 1, 2010, through June 30, 2011. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2A (Doc Name COUNCIL\AGM\18562MM06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Section 12-6-3360(A) of the 1976 Code, as last amended by Act 332 of 2002, is further amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, qualifying service-related facilities, extraordinary retail establishment, and qualifying technology intensive facilities are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service-related industries qualify for an annual jobs tax credit in counties designated as least developed or distressed. Credits under this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, insurance premium tax liability. In computing any tax payable by a taxpayer under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20."
B. Section 12-6-3360(M) of the 1976 Code, as last amended by Act 332 of 2002, is further amended by adding at the end:
"(15) 'Extraordinary retail establishment' as defined in Sections 12-21-6520 and 12-21-6590."
C. Section 12-21-6520 is amended by adding:
"(14) 'Tourism or recreational facility' also means an aquarium or natural history exhibit or museum located within or directly contiguous to an extraordinary retail establishment as defined below. An extraordinary retail establishment is a single store located in a county with at least three and one half million visitors a year, and it must be a destination retail establishment which attracts at least two million visitors a year with at least thirty-five percent of those visitors traveling at least fifty miles to the establishment. The extraordinary retail establishment must have a capital investment of at least twenty-five million including land, buildings and site prep, and one or more hotels must be built to service the establishments with three years of occupancy. Only establishments which receive a certificate of occupancy after July 1, 2006 qualify. The Department of Parks, Recreation and Tourism shall determine and annually certify whether a retail establishment meets these criteria and its judgment is conclusive. The extraordinary retail establishment annually must collect and remit at least two million in sales taxes but is not required to collect or remit admission taxes.
D. Chapter 21 of Title 12 is amended by adding:
"Section 12-21-6590. The Department of Parks, Recreation and Tourism may designate no more than four extraordinary retail establishments as defined in Section 12-21-6520(14), and for purposes of this section, sales taxes must be substituted for admissions taxes wherever admission tax appears in this Tourism Infrastructure Admissions Tax Act. For purposes of this section, additional infrastructure improvements include any aquarium or natural history exhibits or museum located within or directly contiguous to the extraordinary retail establishment which are dedicated to public use and enjoyment under such terms and conditions as maybe required by the municipality or county in which they are located. Additional infrastructure improvements shall also include site prep, construction of real or personal property, parking, roadways, ingress and egress, utilities and other expenditures on the extraordinary retail establishment which directly support or service the aquarium or natural history museum or exhibits. The certification application made under this section must be executed by both the extraordinary retail establishment as well as the county or municipality. /
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. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.
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 by a division vote of 73 to 1.
The Senate amendments to the following Bill were taken up for consideration:
H. 4622 (Word version) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: A BILL TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION.
Rep. CATO proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12631MM06), which was adopted:
Amend the bill, as and if amended, SECTION 3, by inserting immediately after / SECTION 3 / the following: / .A. /; amend further, by inserting immediately before SECTION 4 at line 14, page 3, the following: / B. This SECTION 3 is effective upon approval by the Governor and affects policies issued or renewed on or after January 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following 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. 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.
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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
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.
The following Concurrent Resolution was taken up:
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 WEDNESDAY, JUNE 14, 2006 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 16, 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 FRIDAY, JUNE 16, 2006, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. MERRILL moved to adjourn debate on the Resolution until Wednesday, May 31, which was agreed to.
The following Concurrent Resolution was taken up:
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.
Whereas, the demand for electricity in the State of South Carolina is growing, and it is in our best interest for South Carolina utilities to produce the needed electricity in our State through the development of new nuclear power plants; and
Whereas, nuclear power plants enhance South Carolina's economic competitiveness by producing electricity at stable prices, helping to retain existing industry and to attract new business while also making a substantial economic contribution to the State in the form of significant capital investment, jobs, and tax base; and
Whereas, nuclear power plants produce electricity at high levels of safety and reliability, while emitting no greenhouse or acid rain gases; and
Whereas, the United States Congress passed the 2005 Energy Bill, providing a number of incentives that function to encourage electric utilities to pursue nuclear energy to reduce dependence on energy supplies from unstable parts of the world; and
Whereas, the Office of Regulatory Staff and the Public Service Commission are the appropriate state agencies to promote the construction of nuclear power plants by South Carolina utilities and to articulate the necessity for utilities to take reasonable steps to maintain the nuclear generation option in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, advance the need for electric utilities to build new nuclear power plants in South Carolina and urge the Office of Regulatory Staff and the Public Service Commission to encourage such consideration.
Be it further resolved that a copy of this resolution be forwarded to each member of the Public Service Commission and to the Executive Director of the Office of Regulatory Staff.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. RHOAD.
The following Bill was taken up:
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.
Rep. COOPER moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Joint Resolution was taken up:
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 AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE. /
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. It is proposed that Section 13, Article I of the Constitution of this State be amended as follows:
"Section 13. (1) Except as otherwise provided in this Constitution, private property shall must not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore for it.
(2) Private property must not be taken if, at any time, the public body condemning the property, or its designee, intends to convey fee title or lesser interest to all or a portion of the real property, to another private party unless the owner consents. This paragraph does not apply to:
(a) the condemnation of improved or unimproved property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors;
(b) the granting of a nonpossessory interest in the property for the purpose of financing the acquisition of the property;
(c) property necessary for transportation or utility facilities or transmission systems; or
(d) conveyance by a public body of an interest lesser than fee title to a privately-owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.
(3) In addition to a right of compensation provided in this section, if the use or division of private real property is reduced by the enactment or enforcement of a land use law after the date of acquisition by the owner of the property in a manner that reduces the fair market value of the property, except a law to protect the public's health and safety, the owner is entitled to just compensation, and is not required to first submit a land use application to remove, modify, vary, or otherwise alter the application of the land use law to the owner's property as a prerequisite to demanding or receiving just compensation pursuant to this section."
B. It is proposed that Section 17, Article I of the Constitution of this State be amended to read:
"Section 17. Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking. "
C. It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:
"Section 5. Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, Sections 13 and 17, and Article XIV, Section 5, of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies; further providing that private property must not be taken if: (a) at the time of the condemnation the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents; (b) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (c) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (d) the property is necessary for transportation or utility facilities or transmission systems; (e) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility; and further providing that the private owner of real property is entitled to just compensation if a land use law reduces the fair market value of the land.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18516MM06), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. A. It is proposed that Section 13, Article I of the Constitution of this State be amended as follows:
"Section 13. (1) Except as otherwise provided in this Constitution, private property shall must not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore for it.
(2) Private property must not be taken if, at any time, the public body condemning the property, or its designee, intends to convey fee title or lesser interest to all or a portion of the real property, to another private party unless the owner consents. This paragraph does not apply to:
(a) the condemnation of improved or unimproved property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors;
(b) the granting of a nonpossessory interest in the property for the purpose of financing the acquisition of the property;
(c) property necessary for transportation or utility facilities or transmission systems; or
(d) conveyance by a public body of an interest lesser than fee title to a privately-owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility."
B. It is proposed that Section 17, Article I of the Constitution of this State be amended to read:
"Section 17. Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking. "
C. It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:
"Section 5. Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, Sections 13 and 17, and Article XIV, Section 5 of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies, further providing that private property must not be taken if, at the time of the condemnation, the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents or unless (a) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (b) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (c) the property is necessary for transportation or utility facilities or transmission systems; (d) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Amend the joint resolution further, by deleting all before the enacting words and inserting:
/ PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. EDGE and J. H. NEAL proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18536MM06), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. A. It is proposed that Section 13, Article I of the Constitution of this State be amended as follows:
"Section 13. (1) Except as otherwise provided in this Constitution, private property shall must not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore for it.
(2) Private property must not be taken if, at any time, the public body condemning the property, or its designee, intends to convey fee title or lesser interest to all or a portion of the real property, to another private party unless the owner consents. This paragraph does not apply to:
(a) the condemnation of improved or unimproved property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors;
(b) the granting of a nonpossessory interest in the property for the purpose of financing the acquisition of the property;
(c) property necessary for transportation or utility facilities or transmission systems; or
(d) conveyance by a public body of an interest lesser than fee title to a privately-owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.
(3) In addition to a right of compensation provided in this section, if the use or division of private real property is reduced by the enactment or enforcement of a land use law after the date of acquisition by the owner of the property in a manner that reduces the fair market value of the property, except a law to protect the public's health and safety, the owner is entitled to just compensation, and is not required to first submit a land use application to remove, modify, vary, or otherwise alter the application of the land use law to the owner's property as a prerequisite to demanding or receiving just compensation pursuant to this section."
B. It is proposed that Section 17, Article I of the Constitution of this State be amended to read:
"Section 17. Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking. "
C. It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:
"Section 5. Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, Sections 13 and 17, and Article XIV, Section 5, of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies; further providing that private property must not be taken if: (a) at the time of the condemnation the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents; (b) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (c) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (d) the property is necessary for transportation or utility facilities or transmission systems; (e) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility; and further providing that the private owner of real property is entitled to just compensation if a land use law reduces the fair market value of the land.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Amend the joint resolution further, by deleting all before the enacting words and inserting:
/ PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. RIVERS spoke against the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. COLEMAN spoke against the amendment.
Rep. SCARBOROUGH spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Ballentine Bowers Brady G. Brown R. Brown Clemmons Coleman Cotty Emory Funderburk Hagood Haley Harvin Herbkersman Hiott Kirsh Limehouse Mahaffey McLeod Miller Moody-Lawrence J. M. Neal Rivers Scarborough Skelton D. C. Smith G. R. Smith J. R. Smith Weeks Whitmire
Those who voted in the negative are:
Allen Altman Anderson Anthony Bailey Bales Bannister Barfield Battle Branham Breeland J. Brown Chalk Chellis Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Frye Govan Hamilton Hardwick Harrell Harrison Hayes J. Hines M. Hines Hinson Hodges Hosey Howard Jefferson Leach Littlejohn Loftis Lucas Mack Martin McCraw McGee Mitchell J. H. Neal Neilson Norman Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scott Simrill G. M. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Witherspoon Young
So, the House refused to table the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anderson Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown R. Brown Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Hayes J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Emory Funderburk Hagood Harvin Herbkersman McLeod Rivers Scarborough Skelton Weeks
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
I was on the floor and thought I pushed my vote button for S. 1031. I would have voted for the Joint Resolution.
Rep. Thad Viers
The following Joint Resolution was taken up:
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.
Rep. EDGE proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18539MM06), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 1.(A) in its entirety and inserting:
/ SECTION 1. (A) A South Carolina Eminent Domain Study Committee is created to (i) review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State; and (ii) study regulatory takings and other devaluation of private property through the exercise of a power by a public authority. The study committee shall evaluate if each entity's exercise of its condemnation authority or the exercise of a power by a public authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain, regulatory takings, or other property devaluation in this State and make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise or the power a public authority exercises affecting private property. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain or by a public authority that exercises power affecting private property, and (2) information solicited from or provided by experts and interested persons in the fields of eminent domain and private property rights. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
Rep. COLEMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22597SJ06), which was tabled:
Amend the joint resolution, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. (A) A South Carolina Eminent Domain Study Committee is created to review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State. The study committee shall evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain in this State and make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain, and (2) information solicited from or provided by experts and interested persons in the fields of property rights and eminent domain.
(B) The study committee also shall review and evaluate all other issues involving condemnation and regulatory taking by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possess the power of eminent domain in this State. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise.
(C) The study committee must be composed of nine members: the Chairman of the Senate Judiciary Committee shall appoint three members, two of whom must be Senators; the Chairman of the House Judiciary Committee shall appoint three members, two of whom must be members of the House of Representatives; and the Governor shall appoint three members.
(D) The study committee shall render its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor no later than February 20, 2007, at which time the study committee must be dissolved.
(E) Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.
(F) The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.
(G) The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide staffing for the study committee.
(H) Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. EDGE spoke against the Joint Resolution.
Rep. EDGE moved to table the Joint Resolution.
Rep. HAGOOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bales Barfield G. Brown J. Brown Chellis Clark Coates Cobb-Hunter Cooper Dantzler Davenport Duncan Edge Frye Hamilton Hardwick Hodges Howard Jefferson Leach Littlejohn Loftis Lucas Mack Martin McGee Merrill Mitchell Moody-Lawrence J. H. Neal Neilson Norman Perry E. H. Pitts M. A. Pitts Simrill G. M. Smith Stewart Talley Taylor Townsend Tripp Umphlett Viers Walker White Young
Those who voted in the negative are:
Agnew Allen Anthony Ballentine Bannister Battle Bowers Brady Branham Breeland R. Brown Cato Chalk Clemmons Clyburn Coleman Cotty Delleney Emory Funderburk Govan Hagood Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jennings Kirsh Limehouse Mahaffey McCraw McLeod Miller J. M. Neal Ott Owens Parks Pinson Rhoad Rice Rivers Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Thompson Vaughn Vick Weeks Whitmire Witherspoon
So, the House refused to table the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bowers Brady Branham G. Brown J. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cotty Delleney Emory Funderburk Govan Hagood Haley Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hiott Hodges Hosey Huggins Jefferson Jennings Kirsh Limehouse Littlejohn Mahaffey Martin McCraw McGee McLeod Miller J. M. Neal Ott Owens Parks Pinson Rice Rivers Sandifer Scarborough Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Taylor Thompson Townsend Vaughn Vick Walker Weeks White Whitmire Young
Those who voted in the negative are:
Cooper Dantzler Davenport Duncan Edge Frye Hamilton Hinson Leach Loftis Lucas Merrill Moody-Lawrence Norman Perry M. A. Pitts Rhoad Simrill Stewart Talley Tripp Umphlett
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. DUNCAN moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted:
H. 3753 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor, Altman, Hamilton, Hosey, Limehouse, Littlejohn, Umphlett and Viers: 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 Bill was taken up:
S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE AFTER SUSPENSION; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY ILL; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON, PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION RELATED TO PROCEEDINGS AND CERTAIN COMMUNICATIONS UNTIL FILED; PROVIDE THAT THE DEPARTMENT SHALL PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3790SJ06):
Amend the bill, as and if amended, Section 40-47-30, SECTION 1, page 37, after line 12, by adding at the end:
/ (D) Notwithstanding any provision to the contrary, a licensed physician or physician's practice may employ one or more physical therapists in accordance with Chapter 113, Title 44. /
Amend further, Section 40-47-32(E), SECTION 1, page 42, by deleting subsection (E) in its entirety and inserting:
/ (E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs, provided that no new waivers may be issued after May 1, 2006. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs. /
Amend further, Section 40-47-116(B), SECTION 1, page 62, by deleting subsection (B) in its entirety and inserting:
/ (B) Before authorization of a formal complaint, the department shall provide an opportunity for the respondent to have an informal conference concerning the alleged misconduct with representatives of the department, including a physician designated by the board. The respondent may be represented by counsel at the conference, and the department shall so inform the respondent. Communications during the informal conference must be confidential. The parties shall maintain the confidentiality of the informal conference and shall not rely on, or introduce as evidence in any proceedings, any oral or written communications having occurred during the informal conference, unless such communications are obtained by means other than the informal conference. An agreement reached by the respondent and department must be documented in writing and signed by the respondent and the department and may provide for formal or informal disposition of the allegations, with or without admitting and denying misconduct. An agreement is not final until it has been submitted to and approved by the board. An agreement marked private must be placed in the respondent's file within the department and maintained as confidential pursuant to Section 40-47-190(F).
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
Rep. WHITE moved to divide the question.
Rep. HALEY moved to table the motion.
Rep. WHITE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Ballentine Bowers Brady Breeland Cato Chalk Clark Coates Cobb-Hunter Cotty Dantzler Delleney Duncan Frye Funderburk Haley Hamilton Harrell Harrison Hodges Huggins Jefferson Littlejohn Mack Mahaffey McGee Mitchell Moody-Lawrence Norman E. H. Pitts Rhoad Rivers Scarborough Simrill Sinclair W. D. Smith Stewart Taylor Vick Viers Walker Young
Those who voted in the negative are:
Agnew Anderson Bailey Bannister Barfield Battle Branham G. Brown J. Brown R. Brown Chellis Clemmons Clyburn Coleman Cooper Davenport Edge Emory Hagood Hardwick Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jennings Kirsh Leach Limehouse Loftis Lucas Martin McCraw McLeod Merrill Miller J. H. Neal J. M. Neal Neilson Owens Parks Perry Pinson M. A. Pitts Rice Sandifer Scott Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Thompson Townsend Tripp Umphlett Vaughn Weeks White Whitmire Witherspoon
So, the House refused to table the motion.
The question then recurred to the motion to divide the question.
Rep. HALEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bailey Bannister Battle Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Cooper Edge Emory Hagood Hardwick Harvin Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Jennings Leach Limehouse Loftis Mack Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson M. A. Pitts Rhoad Rice Rivers Sandifer Scott Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Talley Thompson Townsend Tripp Vaughn Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Altman Anthony Bales Ballentine Bowers Brady Cato Chalk Chellis Clark Coates Cotty Davenport Delleney Duncan Frye Funderburk Haley Hamilton Harrell Harrison Hodges Huggins Jefferson Kirsh Littlejohn Lucas Mahaffey McGee Mitchell Neilson Norman E. H. Pitts Scarborough Simrill Sinclair W. D. Smith Stewart Taylor Vick Viers Walker
So, the motion to divide the question was agreed to.
Amend the bill, as and if amended, Section 40-47-30, SECTION 1, page 37, after line 12, by adding at the end:
/ (D) Notwithstanding any provision to the contrary, a licensed physician or physician's practice may employ one or more physical therapists in accordance with Chapter 113, Title 44. /
Rep. G. R. SMITH raised the Point of Order that Question No. 1 was out of order in that it was not germane to the Bill.
Rep. HALEY argued contra.
SPEAKER HARRELL stated that Question No. 1 was not germane to the Bill. He therefore sustained the Point of Order and ruled Question No. 1 out of order.
Amend further, Section 40-47-32(E), SECTION 1, page 42, by deleting subsection (E) in its entirety and inserting:
/ (E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs, provided that no new waivers may be issued after May 1, 2006. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs. /
Amend further, Section 40-47-116(B), SECTION 1, page 62, by deleting subsection (B) in its entirety and inserting:
/ (B) Before authorization of a formal complaint, the department shall provide an opportunity for the respondent to have an informal conference concerning the alleged misconduct with representatives of the department, including a physician designated by the board. The respondent may be represented by counsel at the conference, and the department shall so inform the respondent. Communications during the informal conference must be confidential. The parties shall maintain the confidentiality of the informal conference and shall not rely on, or introduce as evidence in any proceedings, any oral or written communications having occurred during the informal conference, unless such communications are obtained by means other than the informal conference. An agreement reached by the respondent and department must be documented in writing and signed by the respondent and the department and may provide for formal or informal disposition of the allegations, with or without admitting and denying misconduct. An agreement is not final until it has been submitted to and approved by the board. An agreement marked private must be placed in the respondent's file within the department and maintained as confidential pursuant to Section 40-47-190(F).
Renumber sections to conform.
Amend title to conform.
The question was adopted.
Rep. Bannister proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22571SJ06), which was adopted:
Amend the bill, as and if amended, in Section 40-47-32(E) as contained in SECTION 1, by deleting subsection (E) in its entirety and inserting:
/ (E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, or the South Carolina Department of Disabilities and Special Needs. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
Rep. HALEY proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22599SJ06):
Amend the bill, as and if amended, Section 40-47-30 as contained in SECTION 1, by adding subsection (D) at the end to read:
/ (D) Notwithstanding any provision to the contrary, a licensed physician or physician's practice may employ one or more physical therapists in accordance with Chapter 113, Title 44. Before referring a patient to a physical therapist, the physician shall furnish the patient with a written disclosure form, which the patient has signed, informing the patient of:
(1) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(2) the names and addresses of at least two alternative sources of these items or services is available to the patient;
(3) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient. /
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. HALEY argued contra.
SPEAKER HARRELL stated that the amendment was germane to the Bill in that it was germane to Code Section 40-47-195, as referenced in the Bill. He stated further that he had ruled earlier in the day that Question No. 1, which had language similar to Amendment No. 3, was not germane to the Bill, and, at that point in time, he did not realize that Question No. 1 was indeed germane to Code Section 40-47-195. He stated further that Amendment No. 3 was germane to the Bill and he therefore overruled the Point of Order.
Rep. HALEY continued speaking.
Rep. HALEY spoke in favor of the amendment.
Rep. SKELTON moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Barfield Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Duncan Edge Emory Funderburk Govan Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Jefferson Jennings Kennedy Leach Limehouse Littlejohn Mack Mahaffey McCraw McGee McLeod Miller J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
Ballentine Bingham Brady Cotty Delleney Frye Hagood Haley Hamilton Haskins Kirsh Lucas Merrill Neilson Norman E. H. Pitts G. M. Smith Stewart Talley Thompson Toole
So, the House refused to table the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. WHITE spoke against the amendment.
Rep. COOPER moved to continue the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Cooper Emory Govan Hardwick Hayes J. Hines M. Hines Hiott Hosey Howard Jennings Loftis Mack Martin McCraw Miller J. M. Neal Parks Perry Pinson M. A. Pitts Rutherford Scott Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Thompson Townsend Vaughn Vick White Witherspoon
Those who voted in the negative are:
Allen Anthony Bailey Bales Ballentine Bannister Barfield Bingham Brady Cato Chalk Chellis Clark Clemmons Coates Coleman Cotty Dantzler Davenport Delleney Duncan Edge Frye Funderburk Hagood Haley Hamilton Harrell Harrison Harvin Hinson Hodges Huggins Jefferson Kirsh Leach Littlejohn Lucas Mahaffey McGee McLeod Merrill Mitchell Moody-Lawrence J. H. Neal Neilson Norman Ott Owens E. H. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair W. D. Smith Stewart Talley Taylor Toole Umphlett Viers Walker Weeks Whitmire Young
So, the House refused to continue the Bill.
Further proceedings were interrupted by a request for free conference powers on H. 4449, the pending question being consideration of Amendment No. 3.
Rep. COTTY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY EVERY TEN YEARS BEGINNING IN 2010; TO AMEND SECTIONS 11-11-150, 12-43-210, AND 12-43-220, ALL AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, REASSESSMENT AND THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO MAKE CONFORMING AMENDMENTS AND OTHER CHANGES TO REFLECT THESE PROVISIONS; TO AMEND ACT 406 OF 2000, RELATING TO, AMONG OTHER THINGS, THE HOMESTEAD EXEMPTION, SO AS TO DELETE AN OBSOLETE PROVISION; TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX; TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE INCLUDING SCHOOL DISTRICTS TO REIMBURSE THEM FOR THE REVENUE LOST AS A RESULT OF THE PROPERTY TAX EXEMPTIONS; TO PROVIDE THAT LOCAL SALES TAX AND LOCAL OPTION SALES TAX REVENUES PROVIDING PROPERTY TAX RELIEF TO OWNER-OCCUPIED RESIDENTIAL PROPERTY SHALL BE APPLIED FOR PROPERTY TAX RELIEF TO OTHER CLASSES OF PROPERTY; TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR A SUPERMAJORITY VOTE OF THE GOVERNING BODY OF THE ENTITY TO EXCEED THIS LIMITATION; TO PROVIDE THAT ALL OF THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF CERTAIN CONSTITUTIONAL AMENDMENTS TO ARTICLE X OF THE STATE CONSTITUTION PROVIDING FOR AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION, DETERMINATION OF FAIR MARKET VALUE OF PROPERTY, AND RELATED MATTERS; TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM AFTER JULY 1, 2006, A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-43-215, RELATING TO OWNER-OCCUPIED RESIDENTIAL PROPERTY IN CONNECTION WITH AD VALOREM PROPERTY TAXATION, SO AS TO REQUIRE EACH COUNTY TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT OF REVENUE LISTING THE NAMES AND ADDRESSES OF ALL PROPERTY CLASSIFIED AS "OWNER-OCCUPIED"; TO ADD SECTION 59-20-21 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2006, THE STATE BOARD OF EDUCATION, IN DETERMINING THE MINIMUM EDUCATION PROGRAM DESIGNED TO MEET STUDENTS' NEEDS, MAY ONLY CONSIDER FACTORS REQUIRED BY STATUTORY LAW OR WHICH DIRECTLY AFFECT CLASSROOM LEARNING, AND THE LOCAL MAINTENANCE OF EFFORT REQUIRED OF A SCHOOL DISTRICT MUST BE BASED ON THESE DETERMINATIONS; TO ADD SECTION 59-20-22 SO AS TO PROVIDE THAT NOTWITHSTANDING A SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE MINIMUM STATE FUNDS A SCHOOL DISTRICT SHALL RECEIVE IN ANY YEAR IS FORTY PERCENT OF THE APPLICABLE YEAR'S BASE STUDENT COST, AND TO PROVIDE FOR THE MANNER IN WHICH ALL OF THESE PROVISIONS SHALL TAKE EFFECT OR BE REPEALED.
Rep. COTTY continued speaking.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Ballentine Bannister Battle Bingham Bowers Brady Branham G. Brown R. Brown Cato Chalk Chellis Clark Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Funderburk Hagood Haley Harrell Harrison Harvin Hayes Herbkersman M. Hines Hinson Hiott Hosey Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Pinson E. H. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Walker White Whitmire Young
Those who voted in the negative are:
Agnew Anderson Barfield Breeland Clemmons Clyburn Coates Cobb-Hunter Govan Hamilton Hardwick J. Hines Hodges Howard Jefferson Lucas Mack Mitchell Moody-Lawrence J. H. Neal Norman Parks Perry M. A. Pitts Rutherford Scott Skelton G. M. Smith Thompson Viers Weeks Witherspoon
So, Free Conference Powers were rejected.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3:
S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE AFTER SUSPENSION; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY ILL; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON, PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION RELATED TO PROCEEDINGS AND CERTAIN COMMUNICATIONS UNTIL FILED; PROVIDE THAT THE DEPARTMENT SHALL PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
Rep. HALEY proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22599SJ06), which was tabled:
Amend the bill, as and if amended, Section 40-47-30 as contained in SECTION 1, by adding subsection (D) at the end to read:
/ (D) Notwithstanding any provision to the contrary, a licensed physician or physician's practice may employ one or more physical therapists in accordance with Chapter 113, Title 44. Before referring a patient to a physical therapist, the physician shall furnish the patient with a written disclosure form, which the patient has signed, informing the patient of:
(1) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(2) the names and addresses of at least two alternative sources of these items or services is available to the patient;
(3) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient. /
Renumber sections to conform.
Amend title to conform.
Rep. SKELTON spoke against the amendment.
Rep. HARVIN spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. COOPER moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Bannister Battle Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cooper Dantzler Edge Emory Govan Hagood Hardwick Hayes J. Hines M. Hines Hiott Hosey Howard Jennings Limehouse Loftis Mack Martin McCraw McLeod Merrill Miller J. H. Neal J. M. Neal Parks Perry Pinson M. A. Pitts Rutherford Sandifer Scott Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Thompson Toole Vaughn Vick Weeks White Whitmire Witherspoon
Those who voted in the negative are:
Allen Bailey Ballentine Barfield Bingham Brady Cato Chalk Chellis Clark Clemmons Coates Cotty Davenport Delleney Duncan Frye Funderburk Haley Hamilton Harrell Harvin Hodges Huggins Jefferson Kirsh Leach Littlejohn Lucas Mahaffey McGee Mitchell Moody-Lawrence Neilson Norman Owens E. H. Pitts Rhoad Rice Scarborough Simrill Sinclair W. D. Smith Stewart Talley Taylor Umphlett Viers Walker Young
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland 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 Hayes J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Neilson
So, the Bill was read the second time and ordered to third reading.
Rep. COTTY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY EVERY TEN YEARS BEGINNING IN 2010; TO AMEND SECTIONS 11-11-150, 12-43-210, AND 12-43-220, ALL AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, REASSESSMENT AND THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO MAKE CONFORMING AMENDMENTS AND OTHER CHANGES TO REFLECT THESE PROVISIONS; TO AMEND ACT 406 OF 2000, RELATING TO, AMONG OTHER THINGS, THE HOMESTEAD EXEMPTION, SO AS TO DELETE AN OBSOLETE PROVISION; TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX; TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE INCLUDING SCHOOL DISTRICTS TO REIMBURSE THEM FOR THE REVENUE LOST AS A RESULT OF THE PROPERTY TAX EXEMPTIONS; TO PROVIDE THAT LOCAL SALES TAX AND LOCAL OPTION SALES TAX REVENUES PROVIDING PROPERTY TAX RELIEF TO OWNER-OCCUPIED RESIDENTIAL PROPERTY SHALL BE APPLIED FOR PROPERTY TAX RELIEF TO OTHER CLASSES OF PROPERTY; TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR A SUPERMAJORITY VOTE OF THE GOVERNING BODY OF THE ENTITY TO EXCEED THIS LIMITATION; TO PROVIDE THAT ALL OF THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF CERTAIN CONSTITUTIONAL AMENDMENTS TO ARTICLE X OF THE STATE CONSTITUTION PROVIDING FOR AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION, DETERMINATION OF FAIR MARKET VALUE OF PROPERTY, AND RELATED MATTERS; TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM AFTER JULY 1, 2006, A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-43-215, RELATING TO OWNER-OCCUPIED RESIDENTIAL PROPERTY IN CONNECTION WITH AD VALOREM PROPERTY TAXATION, SO AS TO REQUIRE EACH COUNTY TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT OF REVENUE LISTING THE NAMES AND ADDRESSES OF ALL PROPERTY CLASSIFIED AS "OWNER-OCCUPIED"; TO ADD SECTION 59-20-21 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2006, THE STATE BOARD OF EDUCATION, IN DETERMINING THE MINIMUM EDUCATION PROGRAM DESIGNED TO MEET STUDENTS' NEEDS, MAY ONLY CONSIDER FACTORS REQUIRED BY STATUTORY LAW OR WHICH DIRECTLY AFFECT CLASSROOM LEARNING, AND THE LOCAL MAINTENANCE OF EFFORT REQUIRED OF A SCHOOL DISTRICT MUST BE BASED ON THESE DETERMINATIONS; TO ADD SECTION 59-20-22 SO AS TO PROVIDE THAT NOTWITHSTANDING A SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE MINIMUM STATE FUNDS A SCHOOL DISTRICT SHALL RECEIVE IN ANY YEAR IS FORTY PERCENT OF THE APPLICABLE YEAR'S BASE STUDENT COST, AND TO PROVIDE FOR THE MANNER IN WHICH ALL OF THESE PROVISIONS SHALL TAKE EFFECT OR BE REPEALED.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Battle Bingham Bowers Brady Branham G. Brown R. Brown Cato Chalk Chellis Clark Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Harrell Harrison Harvin Hayes Herbkersman M. Hines Hinson Hiott Huggins Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell J. M. Neal Neilson Ott Owens Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Umphlett Vaughn Vick Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Barfield Breeland Clemmons Clyburn Coates Cobb-Hunter Govan Hardwick J. Hines Hodges Hosey Howard Jefferson Mack Moody-Lawrence J. H. Neal Norman Parks Perry Rutherford Scott Viers Weeks
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. COTTY, MERRILL and ANTHONY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber during the vote to grant free conference powers on H. 4449. Had I been present, I would have voted in favor of granting free conference powers.
Rep. Mac Toole
Rep. COTTY moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E. H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W. D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: 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; TO AMEND 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; AND TO AMEND SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LEVY A SALES AND USE TAX IMPOSED FOR SCHOOL OPERATIONS AND COUNTY OPERATIONS IN ANY POLITICAL SUBDIVISION LOCATED IN WHOLE OR IN PART WITHIN THE COUNTY IN ORDER TO PROVIDE ALL CLASSES OF PROPERTY, EXCEPT FOR FEE IN LIEU OF PROPERTY TAXES, A CREDIT FOR AD VALOREM TAXES, AND TO ALLOW THIS CREDIT AND RESCISSION PURSUANT ONLY TO A REFERENDUM HELD IN A COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. COTTY, MERRILL and ANTHONY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. COBB-HUNTER moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5238 (Word version) -- Rep. Funderburk: A HOUSE RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ADDRESS IN AN URGENT AND COMPASSIONATE MANNER THE MANY NEEDS OF U.S. MILITARY VETERANS RETURNING HOME FROM IRAQ.
Ordered for consideration tomorrow.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 1448 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3059, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works
The following Bill was taken up, read the second time, and ordered to a third reading:
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. COOPER moved to adjourn debate upon the following Joint Resolution until Wednesday, May 31, 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 until Wednesday, May 31, 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.
The following Bill was taken up:
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.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18553MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1.A. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-126. A person operating a business within this State who has been issued a license or licenses by the department, after closing, selling, or otherwise transferring the business to another person, shall return all licenses issued by the department to the department for cancellation and remit unpaid or accrued taxes. The department may refuse to issue a license to a person and may revoke one or more licenses held by a person who has failed to comply with the provisions of this section."
B. This section is effective October 1, 2006.
SECTION 2.A. Chapter 54 of Title 12 of the 1976 Code is amended by adding:
"Section 12-54-196. (A) If a retailer collects from the purchaser a state or local sales tax in an amount that exceeds the amount authorized pursuant to Section 12-36-940, or the amount required to be collected pursuant to Section 12-36-1350, the retailer may be held liable for a penalty equal to one hundred fifty percent
of the amount of tax collected that exceeds the amount authorized to be collected from the purchaser pursuant to Section 12-36-940 or required to be collected from the purchaser pursuant to Section 12-36-1350. The assessment or remittance of this penalty does not relieve the retailer of an obligation the retailer has to repay the purchaser tax collected that exceeds the amount authorized or required to be collected from the purchaser pursuant to Chapter 36 of this title.
(B) Notwithstanding the provisions of subsection (A), a retailer is not subject to this penalty if the retailer:
(1) made a good faith effort to determine the proper tax rate;
(2) made a good faith effort to determine whether or not an exemption or exclusion was applicable; or
(3) refunds to the purchaser the amount that exceeded the amount authorized or required to be collected on a particular sale within ninety days of being notified and receiving documentation of the proper tax rate or the applicability of the exemption or exclusion.
(C) The department, at its discretion, may extend the time for issuing a refund pursuant to subsection (B)(3) to avoid the penalty if the retailer makes a request in writing to the department.
(D) The imposition of the penalty must be based on the facts and circumstances and is at the sole discretion of the department."
B. This section takes effect upon approval by the Governor and applies to taxes collected beginning in tax year 2006.
SECTION 3. Section 12-4-780 of the 1976 Code, as added by Act 399 of 2000, is redesignated as follows:
"Section 12-4-395. The department may accept, on terms and conditions it establishes, payments to it by credit cards. This authority includes a determination not to accept credit card payments or to accept credit card payments only for certain classes of payments as specified by the department. Notwithstanding another provision of law, the State Treasurer may enter into contracts on behalf of the department by which the department may accept credit card payments. The department may withhold the actual cost of processing credit card payments from deposits of the payments and may treat these withholdings as reimbursements of the associated expenditures."
SECTION 4. Section 12-6-40(A)(1)(a) of the 1976 Code, as last amended by Act 145 of 2005, is further amended to read:
"(a) Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2004 2005, and includes the effective date provisions contained in it."
SECTION 5.A. Section 12-6-545 of the 1976 Code, as added by Act 41 of 2005, is further amended to read:
"Section 12-6-545. (A) As used in this section:
(1) 'Active trade or business income or loss' means income or loss of an individual, estate, trust, or any other entity except those taxed or exempted from tax pursuant to Sections 12-6-530 through 12-6-550 resulting from the ownership of an interest in a pass-through business. Active trade or business income or loss does not include:
(a)(i) passive investment income as defined in Internal Revenue Code Section 1362(d) generated by a pass-through business and income of the same type regardless of the type of pass-through business generating it; and
(ii) expenses related to passive investment;
(b) capital gains and losses;
(c) any payments for services referred to in Internal Revenue Code Section 707(c);
(d) amounts reasonably related to personal services. All amounts paid as compensation and all guaranteed payments for services, but not for the use of capital, as defined in Internal Revenue Code Section 707(c) are deemed to be reasonably related to personal services. In addition, if an owner of a pass-through entity who performs personal services for the entity is not paid a reasonable amount for those personal services as compensation or payments referred to in Internal Revenue Code Section 707(c), all of the owner's income from the entity is presumed to be amounts reasonably related to personal services. For purposes of this section, amounts reasonably related to personal services include amounts reasonably related to the personal services of the owner, the owner's spouse, and any person claimed as a dependent on the owner's income tax return.
(2) 'Pass-through businesses' mean sole proprietorships, partnerships, and 'S' corporations, including limited liability companies taxed as sole proprietorships, partnerships, or 'S' corporations.
(B)(1) Notwithstanding Section 12-6-510, an a taxpayer may elect annually to have the income tax at the rate provided in item (2) of this subsection is imposed annually on the active trade or business income received by the owner of a pass-through business. For joint returns, the election is effective for both spouses. The amount subject to tax pursuant to this section is not subject to tax pursuant to Section 12-6-510.
(2) The rate of the income tax imposed pursuant to this subsection is:
Taxable Year Beginning in Rate of Tax
2006 6.5 percent
2007 6 percent
2008 5.5 percent
after 2008 5 percent
(C) Notwithstanding any other provision of this chapter, active trade or business loss must first be deducted, dollar for dollar against active trade or business income. Any remaining active trade or business loss is multiplied by a fraction, the numerator of which is the rate of tax imposed pursuant to subsection (B)(2) of this section, and the denominator of which is the highest income tax rate imposed pursuant to Section 12-6-510. The resulting amount is deductible from income taxed under Section 12-6-510 if otherwise allowable.
(D) The department may issue guidance as to what expenses reduce active trade or business income.
(E)(1) Notwithstanding item (A)(1)(e) of this section, if a taxpayer owns an interest in one or more pass-through businesses that have a total gross income of less than one million dollars and taxable income of less than one hundred thousand dollars, then the taxpayer may elect, instead of determining the actual amount of active trade or business income related to his personal services, to treat fifty percent of his active trade or business income as not related to his personal services. For purposes of this item, the term taxpayer includes both taxpayers who file a joint return.
(2) The department may provide other methods that may be used to determine an amount that is considered to be unrelated to the owner's personal services if it determines that the benefits to the State of taxing income from personal services at a higher rate are insufficient to justify the burdens imposed on the taxpayer."
B. This section takes effect for tax years beginning on or after January 1, 2006.
SECTION 6.A. Section 12-6-3350 of the 1976 Code is amended to read:
"Section 12-6-3350. (A) Taxpayers A taxpayer having contracts a contract with this State who subcontract subcontracts with minority firms are a socially and economically disadvantaged small business is eligible for an income tax credit equal to four percent of the payments to a minority that subcontractor for work pursuant to the state contract. The subcontractor must be certified as a minority firm socially and economically disadvantaged small business as defined in Section 11-35-5010 and regulations thereunder pursuant to it.
(B) The credit is limited to a maximum of twenty-five thousand dollars annually. A taxpayer is eligible to claim the credit for six consecutive taxable years beginning with the taxable year in which the credit is first claimed first payment is made to the subcontractor that qualifies for the credit. After the above six consecutive taxable years, the taxpayer is no longer eligible for the credit regardless of whether or not the taxpayer claimed the credit in a year subsequent to the year in which the credit was first claimed.
(C) A taxpayer claiming the credit shall maintain evidence of work performed for a state the contract by the minority subcontractor and shall present the evidence at the time of filing its state income tax return in a manner prescribed by the department."
B. This section takes effect upon approval by the Governor and applies to taxable years beginning after December 31, 2006.
SECTION 7.A. Section 12-6-3360(C)(1), as last amended by Act 157 of 2005, is further amended to read:
"(1) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is available to taxpayers with one hundred or more employees that increase employment by ten or more full-time jobs, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten. The amount of the initial job credit is as follows:
(a) Eight thousand dollars for each new full-time job created in distressed counties.
(b) Four thousand five hundred dollars for each new full-time job created in least developed counties.
(c) Three thousand five hundred dollars for each new full-time job created in under developed counties.
(d) Two thousand five hundred dollars for each new full-time job created in moderately developed counties.
(e) One thousand five hundred dollars for each new full-time job created in developed counties."
B. This section takes effect upon approval by the Governor and applies to taxable years beginning in and after January 1, 2006.
SECTION 8. Section 12-6-3360(M)(8) of the 1976 Code is amended to read:
"(8) 'Distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers. The term does not include an establishment where retail sales of tangible personal property are made to retail customers on more than twelve days a year except for a facility which processes customer sales orders by mail, telephone, or electronic means, if the facility also processes shipments of tangible personal property to customers and if at least seventy-five percent of the dollar amount of goods sold through the facility are sold to customers outside of South Carolina. Retail sales made inside the facility to employees working at the facility are not considered for purposes of the twelve-day and seventy-five percent limitation. For purposes of this definition, 'retail sale' and 'tangible personal property' have the meaning provided in Chapter 36 of this title."
SECTION 9. Section 12-37-220(B)(32)(7) of the 1976 Code is amended to read:
"(7) 'distribution facility' means an establishment where shipments of tangible personal property are processed for delivery to customers, but the term "distribution facility" does not include an establishment which operates as a location where retail sales of tangible personal property are made to customers. A distribution facility includes establishments which process customer sales orders by mail, telephone, or electronic means, if the establishment also processes shipments of tangible personal property to customers. The terms "retail sale", and "tangible personal property", for purposes of this definition, have those meanings as contained in Chapter 36 of Title 12 has the meaning provided pursuant to Section 12-6-3360(M)(8)."
SECTION 10.A. Section 12-6-3375 of the 1976 Code, as added by Act 124 of 2005, is amended to read:
"Section 12-6-3375. (A) Companies primarily engaged in manufacturing, warehousing, or distribution, which use port facilities in this State and which increase their base port cargo volume at these facilities by a minimum of five percent over 2005 totals, are eligible to take either a five hundred dollar additional tax credit for each new full-time job created, or an additional two percent investment tax credit for investments in new facilities, plants, and equipment. Companies may also take an additional two hundred fifty dollar tax credit for each new full-time job created, or an additional one percent investment tax credit for each incremental two and one-half percent increase in port cargo volume which is over and above the minimum five percent increase in base volume. An annual maximum of one thousand five hundred dollars per job or a six percent investment tax credit applies in regard to the tax credits authorized by this section. The credit may only be claimed by the manufacturer, warehouse, or distribution company which owns the cargo at the time the port facilities are used.
(B) Base year port cargo volume must be at least seventy-five net tons of noncontainerized cargo or ten loaded TEUs for a company to be eligible for the credits provided for in this section.
(C) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return, which shall set forth the following information, as a minimum, in addition to the information required by law and by the Department of Revenue:
(1) a description of how the base year port traffic and the increase in port traffic was determined;
(2) the amount of the base year port traffic;
(3) the amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credits under this section;
(4) any tax credit utilized by the taxpayer in prior years;
(5) the amount of tax credit carried over from prior years;
(6) the amount of tax credit utilized by the taxpayer in the current taxable year; and
(7) he amount of tax credit to be carried over to subsequent tax years.
(D) As used in this section:
(1) "TEU" means twenty-foot equivalent unit.
(2) "Base port cargo volume" means the total amount of net tons of noncontainerized or twenty-foot equivalent units (TEUs) of product actually transported by way of a waterborne ship through a port facility during the period from January 1, 2005, through December 31, 2005. For companies who locate in South Carolina after the effective date of this section, their base cargo volume will be measured by their first calendar year as long as they meet the requirements of seventy-five net tons of noncontainerized cargo or ten loaded TEUs. Base port cargo volume must be recalculated during the period from January 1, 2015 to December 31, 2015 and every tenth year thereafter.
(3) "Port facility" means any publicly or privately owned facility located within this State through which cargo is transported by way of a waterborne ship or vehicle to or from destinations outside this State and which handles cargo owned by third parties in addition to cargo owned by the port facility's owner.
(4) "Port traffic" means the total amount of net tons of noncontainerized cargo or containers measured in twenty-foot equivalent units (TEUs) of cargo transported by way of a waterborne ship or vehicle through a port facility.
(5) "New job" has the meaning defined in Section 12-6-3360(M)(3).
(6) "Full-time" has the meaning defined in Section 12-6-3360(M)(4).
(7) "Warehousing facility" has the meaning defined in Section 12-6-3360(M)(7).
(8) "Distribution facility" has the meaning defined in Section 12-6-3360(M)(8).
(E) Job tax credit provisions and procedures contained in Section 12-6-3360 and investment tax credit provisions and procedures contained in Section 12-14-60 apply to the tax credits provided by this section mutatis mutandi in the manner determined by the Department of Revenue.
(F) A company which increases its base port cargo volume at Ports Authority facilities may take either the additional job tax credits or the additional investment tax credits as provided by this section, but not both.
(G) The maximum amount of tax credits allowed to all qualifying taxpayers pursuant to this section may not exceed eight million dollars per calendar year. Tax credits allowed shall be allocated based on the date an application is received by the Coordinating Council for Economic Development.
The Coordinating Council has sole discretion in determining eligibility for additional credits provided by this section.
An application must be submitted to the Coordinating Council with the same information as required by subsection (C), and any other information required by the Coordinating Council.
(A)(1) A taxpayer engaged in manufacturing, warehousing, or distribution which uses port facilities in this State and which increases its port cargo volume at these facilities by a minimum of five percent in a single calendar year over its base year port cargo volume is eligible to claim a tax credit in the amount determined by the Coordinating Council for Economic Development (council).
(2) The maximum amount of tax credits allowed to all qualifying taxpayers pursuant to this section may not exceed eight million dollars for each calendar year. A qualifying taxpayer may not receive more than one million dollars for each calendar year except as provided in subsection (B)(2). The Coordinating Council has sole discretion in allocating credits provided by this section, taking into consideration the following factors:
(a) the amount of base year port cargo volume;
(b) the total and percentage increase in port cargo volume;
(c) the number of qualifying taxpayers;
(d) the type of cargo transported; and
(e) other factors related to the economic benefit of the State, as determined by the Coordinating Council.
(3) If the credit exceeds the taxpayer's tax liability for the taxable year, the excess amount may be carried forward and claimed against income taxes in the next five succeeding taxable years.
(4) The credit may be claimed by the taxpayer as provided in (A)(1) only if the taxpayer owns the cargo at the time the port facilities are used.
(B)(1) For every year in which a taxpayer claims the credit, the taxpayer shall submit an application to the council by March first of the calendar year after the calendar year in which the increase in port cargo volume occurs. The taxpayer shall attach a schedule to the taxpayer's application to the council with the following information and information requested by the council or the department:
(a) a description of how the base year port cargo volume and the increase in port cargo volume was determined;
(b) the amount of the base year port cargo volume;
(c) the amount of the increase in port cargo volume for the taxable year stated both as a percentage increase and as a total increase in net tons of noncontainerized cargo and TEUs of cargo, including information which demonstrates an increase in port cargo volume in excess of the minimum amount required to claim the tax credits pursuant to this section;
(d) any tax credit utilized by the taxpayer in prior years; and
(e) the amount of tax credit carried over from prior years.
(2) If on March fifteenth of each year, the eight-million-dollar amount of credit is not fully allocated among qualifying taxpayers, then those taxpayers who have been allocated the maximum one million dollar credit for a year must be allowed a pro-rata share of the remaining allocated credit up to eight million dollars.
(3) To receive the credit the taxpayer shall claim the credit on its income tax return in a manner prescribed by the department. The department may require a copy of the certification form issued by the council be attached to the return or otherwise provided.
(C) As used in this section:
(1) 'TEU' means a 'twenty-foot equivalent unit'; a volumetric measure based on the size of a container twenty feet long by eight feet wide by eight feet, six inches high.
(2) 'Base year port cargo volume' initially means the total amount of net tons of noncontainerized cargo or TEUs of cargo actually transported by way of a waterborne ship through a port facility during the period from January 1, 2005, through December 31, 2005. Base year port cargo volume must be at least seventy-five net tons of noncontainerized cargo or ten TEUs for a taxpayer to be eligible for the credits provided in this section. For a taxpayer that does not ship that amount in the year ending December 31, 2005, including a taxpayer who locates in South Carolina after December 31, 2005, its base cargo volume will be measured by the initial January first through December thirty-first calendar year in which it meets the requirements of seventy-five net tons of noncontainerized cargo or ten loaded TEUs. Base year port cargo volume must be recalculated each calendar year after the initial base year.
(3) 'Port facility' means any publicly or privately owned facility located within this State through which cargo is transported by way of a waterborne ship or vehicle to or from destinations outside this State and which handles cargo owned by third parties in addition to cargo owned by the port facility's owner.
(4) 'Port cargo volume' means the total amount of net tons of noncontainerized cargo or containers measured in twenty-foot equivalent units (TEUs) of cargo transported by way of a waterborne ship or vehicle through a port facility.
(D) Notwithstanding Section 12-54-240, the department and the Department of Commerce may exchange information submitted by a taxpayer pursuant to this section."
B. Section 12-54-240(B) of the 1976 Code, as last amended by Act 145 of 2005, is further amended by adding an appropriately numbered item at the end to read:
"( ) exchange of information between the department and the Department of Commerce pursuant to Section 12-6-3375."
C. This section takes effect upon approval by the Governor and applies to tax years beginning after December 31, 2004.
SECTION 11.A. Section 12-6-3385(A) of the 1976 Code is amended to read:
"(A)(1) A student is allowed a refundable individual income tax credit equal to twenty-five percent, not to exceed eight hundred fifty dollars in the case of four-year institutions and twenty-five percent, not to exceed three hundred fifty dollars in the case of two-year institutions for tuition paid an institution of higher learning or a designated institution as provided for in this section during a taxable year. The amount of the tax credit claimed up to the limits authorized in this section for any taxable year may not exceed the amount of tuition paid during that taxable year.
(2)(a) Tuition credits may not be claimed for more than four consecutive years after the student enrolls in an eligible institution.
(b) The credit period is suspended for a qualifying student required to withdraw from an institution of higher learning to serve on active military duty if the service member re-enrolls in an eligible institution within twelve months upon demobilization and provides official documentation from the Armed Forces to verify the dates of active duty military service.
(c) However, extensions An extension of the credit period may be granted due to medical necessity as defined by the Commission on Higher Education.
(3) The credit may be claimed by the student or by an individual eligible to claim the student as a dependent on his federal income tax return, whoever actually paid the tuition. The department shall prescribe a form for claiming the credit."
B. This section takes effect upon approval by the Governor and applies to qualifying students required to withdraw from a qualifying institution to serve on active military duty on or after January 1, 2000.
SECTION 12.A. Section 12-6-3535(A) of the 1976 Code, as last amended by Act 138 of 2005, is amended to read:
"(A) A taxpayer who is allowed a federal income tax credit under pursuant to Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against income or license tax imposed pursuant to this title taxes imposed by Sections 12-6-510 and 12-6-530 and license fees imposed by Chapter 20 of Title 12. For the purposes of this section, 'qualified rehabilitation expenditures' and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable treasury regulations. The amount of the credit is ten percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection."
B. Section 12-6-3535(C)(2) of the 1976 Code, as last amended by Act 138 of 2005, is amended to read:
"(2) The credit earned pursuant to this section by an 'S' corporation owing corporate level income tax must be used first at the entity level. Any Remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership. The credit earned pursuant to this section by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in any a manner agreed by the partners that is consistent with Subchapter K of the Internal Revenue Code. As used in this item the term 'partner' means a partner, member, or owner of an interest in the pass-through entity, as applicable."
C. This section takes effect upon approval by the Governor and applies to tax years beginning in 2006.
SECTION 13.A. Section 12-6-5030(B) of the 1976 Code, as last amended by Act 145 of 2005, is further amended to read:
"(B)(1) A composite return is a single return for two or more taxpayers having the same tax year in which each participant's share of the partnerships or 'S' Corporation's taxable income or loss tax is separately computed separately and added together to arrive at the total tax due on the composite return. The partnership or 'S' Corporation may elect to determine each participant's tax due by one of the following methods:
(a) for a participant who provides an affidavit to the department through the entity stating that he has no income other than the income from the entity:
(i) compute the participant's South Carolina income tax using the pro rata share of the standard deduction or itemized deductions, and personal exemption amount exemptions for each participant pursuant to Section 12-6-1720(2) in the same manner as if it was being separately reported; or
(ii) compute the participant's South Carolina income tax without regard to any deductions or exemptions in the same manner as if it were being separately reported; or
(b) for a participant who does not provide an affidavit to the department through the entity stating that he has no income other than the income from the entity, compute each participant's share of South Carolina income tax without regard to any deductions or exemptions by using the active trade or business income rate provided in Section 12-6-545 on his active trade or business income, and using the highest marginal rate in Section 12-6-510 for other income.
(2) The composite return is signed by a general an authorized partner, or an authorized officer of the 'S' Corporation, or an authorized member of a limited liability company taxed as a partnership or 'S' Corporation."
B. This section takes effect upon approval by the Governor for taxable years beginning after 2005.
SECTION 14. Section 12-10-80(D)(2) of the 1976 Code, as last amended by Act 339 of 2000, is further amended to read:
"(2) The amount that may be claimed as a job development credit by a qualifying business is limited by this subsection and by the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits provided in item (1) for a qualifying business making a significant capital investment as defined in Section 4-12-30(D)(4), 4-29-67(D)(4), or 12-44-30(87)."
SECTION 15. Section 12-23-810 of the 1976 Code is amended to read:
"Section 12-23-810. (A) Every hospital licensed as a general hospital by the Department of Health and Environmental Control is subject to the payment of an excise, license, or privilege tax. Each hospital's tax must be based on the total expenditures of each hospital as a percentage of total hospital expenditures statewide.
(B) [Reserved].
(C) Total annual revenues from the tax, exclusive of penalties and interest, in subsection (A) of this section initially must equal twenty-nine and one-half two hundred sixty-four million dollars. The amount of a general hospital's tax must be derived from Schedule B, Part 1 of the hospital's cost report. The initial annual tax must be collected, beginning July 1, 2006, based upon the reconciled account of a general hospital subject to this article, considering partial payments and an uncollected portion of the previous assessment pursuant to this article for the fiscal year ending June 30, 2006. Upon notification from the Department of Revenue, on behalf of and based on calculations performed by the Department of Health and Human Services, a general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services."
SECTION 16. Section 12-23-830 of the 1976 Code is amended to read:
"Section 12-23-830. (A) On the first day of each quarter, each general hospital shall remit one-fourth of its annual tax to the Department of Revenue. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation.
(B) Beginning July 1, 2006, on the first day of each quarter, a general hospital shall remit to the Department of Revenue one-fourth of a second, and each successive, annual tax as calculated pursuant to subsection (A), based upon operations conducted during fiscal year ending June 30, 2007, and each successive state fiscal year. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operation, the taxes unpaid as a result of the cessation of operation, must be apportioned among other hospitals remaining in operation."
SECTION 17. Section 12-23-840 of the 1976 Code is amended to read:
"Section 12-23-840. Revenues derived under the provisions of this article must be deposited in the Medicaid Expansion Fund created by Section 44-6-155. In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund must be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina."
SECTION 18.A. Items (15), (39), (55) as last amended by Act 69 of 2003, (61) and (62), as last amended by Act 69 of 2003, all of Section 12-28-110 of the 1976 Code, are amended to read:
"(15) 'Diesel fuel' means a liquid, including biodiesel and a biodiesel blend that is commonly or commercially known or sold as a fuel that is suitable for use in a diesel-powered highway vehicle. A liquid meets this requirement if, without further processing or blending, the liquid has practical and commercial fitness for use in the propulsion engine of a diesel-powered highway vehicle. However, a liquid does not possess this practical and commercial fitness solely by reason of its possible or rare use as a fuel in the propulsion engine of a diesel-powered highway vehicle. 'Diesel fuel' does not include jet fuel if the buyer is registered to purchase jet fuel subject to federal taxes applicable to jet fuel and the seller obtains certification of that fact satisfactory to the Internal Revenue Service before making the sale.
(39) 'Motor fuel' means gasoline, diesel fuel, substitute fuel, and blended fuel.
(55) 'Motor fuel subject to the user fee' means gasoline, diesel fuel, kerosene, blended fuel, substitute fuel, and blends of them and any other substance blended with them.
(61) 'Transport truck' means a semitrailer or trailer combination rig designed or used to transport liquid motor fuel over the highways.
(62) 'Transporter' means any operator of a pipeline, barge, railroad or transport truck a person engaged in the business of transporting motor fuels subject to the user fee."
B. Section 12-28-110 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding at the end:
"(69) 'Substitute fuel' means a liquid that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. The fuel meets this requirement if, without further processing or blending, the fuel is a fluid and has practical and commercial fitness for use in the propulsion of a highway vehicle. This includes all liquids regardless of temperature or pressure.
(70) 'Biodiesel' means a fuel composed of mono-alkyl esters of long chain fatty acids generally derived from vegetable oils or animal fats, commonly known as B100, that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. The fuel meets this requirement if, without further processing or blending, the fuel is a fluid and has practical and commercial fitness for use in the propulsion of a highway vehicle.
(71) 'Biodiesel blend' means a blend of biodiesel fuel with petroleum based diesel fuel, commonly designated Bxx where xx represents the volume percentage of biodiesel fuel in the blend (for example B20 is 20 percent biodiesel, 80 percent petro diesel), and that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. The fuel meets this requirement if, without further processing or blending, the fuel is a fluid and has practical and commercial fitness for use in the propulsion of a highway vehicle."
C. Section 12-28-310(A) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(A) Subject to the exemptions provided in this chapter, a user fee of sixteen cents a gallon is imposed on:
(1) all gasoline, gasohol, or blended fuels containing gasoline that are used or consumed for any purpose in this State; and
(2) all diesel fuel, substitute fuels, or alternative fuels, or blended fuels containing diesel fuel that are used or consumed in this State in producing or generating power for propelling motor vehicles."
D. Section 12-28-330 of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"Section 12-28-330. The department considers it a rebuttable presumption, subject to proof of exemption pursuant to Article 7 of this chapter, that all motor fuel subject to the user fee removed from a terminal in this State, or imported into this State other than by a bulk transfer within the bulk transfer terminal system or delivered into an end user's storage tank, is to be used or consumed in this State, in the case of gasoline, gasohol, or blended fuels containing gasoline and is to be used or consumed on the highways in this State in producing or generating power for propelling motor vehicles in the case of all other taxable motor fuel."
E. Section 12-28-790(C) and (D) of the 1976 Code is amended to read:
"(C) Where a refund is payable to a supplier, the supplier may claim a credit in lieu of the refund.
(D) To facilitate efficient administration and in lieu of any instead of the individual refund procedures, the department may provide by regulation an alternative election by the applicant for a refund by way of credit against state income tax liability."
F. Section 12-28-970(A) as last amended by Act 69 of 2003, is further amended to read:
"(A) A backup user fee equal to the user fee imposed by Section 12-28-310 is imposed and must be administered in accordance with regulations promulgated procedures established by the department on the use on the highways of motor fuel subject to the user fee by an end user, including operators of state and local government vehicles, American Red Cross vehicles, and buses, and other persons exempted from the full federal highway tax, unless the person is exempted otherwise under Section 12-28-710(A)(12), upon the delivery in this State into the fuel supply tank of a highway vehicle of:
(1) diesel fuel that contains a dye;
(2) motor fuel subject to the user fee on which a claim for refund has been made;
(3) alternative fuels; or
(4) liquid substitute fuel on which a user fee previously has not been imposed by this chapter."
G. Section 12-28-970 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding:
"(C)(1) A back-up user fee equal to the user fee imposed by Section 12-28-310 is imposed on a liquid or gas that is not otherwise taxed pursuant to this chapter and that is commonly or commercially known or sold as a fuel suitable for use in a highway vehicle. The user fee is due upon the first receipt of the product when received from a source outside of South Carolina by any wholesaler, retailer, or end-user and the user fee is imposed upon, and is the liability of, the wholesaler, retailer, or end-user who first received the product into the State.
(2) A back-up user fee equal to the user fee imposed by Section 12-28-310 is imposed on any liquid or gas that is not otherwise taxed pursuant to this chapter and that is commonly or commercially known or sold as a fuel suitable for use in a highway vehicle. The user fee is due upon the first sale or use of the product when produced in this State by a person and the user fee is imposed upon the first in-state sale or use by that person. The user fee is imposed upon, and is the liability of, the producer of the product."
H. Section 12-28-975(A) and (C) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) If an exporter diverts motor fuel subject to the user fee removed from a terminal in this State from an intended destination outside South Carolina as shown on the terminal-issued shipping papers to a destination within this State, the exporter, in addition to compliance with the notification provided for by Section 12-28-780, shall notify and pay the user fee imposed by Section 12-28-310 to the State upon the same terms and conditions as if the exporter were an occasional importer licensed under Section 12-28-905(A) without deduction for the allowances provided by Section 12-28-960. The supplier and exporter under this subsection by mutual agreement may permit the supplier to assume the exporter's liability and adjust the exporter's user fees payable to the supplier.
(C) If an unlicensed importer diverts motor fuel subject to the user fee from a destination outside this State to a destination inside this State after having removed the product from a terminal outside South Carolina, the importer, in addition to compliance with the notification provided for by Section 12-28-1525, shall notify the State and shall pay the user fee imposed by this chapter to South Carolina upon the same terms and conditions as if the unlicensed importer were a licensed occasional importer subject to Section 12-28-905(A) without deduction for the allowances provided by Section 12-28-960. An importer who has purchased the product from a licensed supplier, by mutual agreement with the supplier, may permit the supplier to assume the importer's liability and adjust the importer's user fees payable to the supplier. "
I. Section 12-28-990 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-990. (A) Each A person (i) blending materials including blendstocks, additives, and fuel grade ethanol on which the user fee has not been paid, including blendstocks, additives, and fuel grade ethanol with motor fuels subject to the user fee as to for which the user fee has been paid or accrued; or (ii) manufacturing or otherwise producing a substitute fuel or diesel fuel, unless dye was added in a manner that conforms to federal requirements established by the Internal Revenue Code and regulations exempting the product from the motor fuel tax pursuant to Section 12-28-710(11) shall remit the user fee imposed by this chapter.
(B) A fuel vendor subject to the user fee under subsection (A) shall remit the user fee with the report required under pursuant to Section 12-28-1390(B).
(C) Any A person other than a fuel vendor liable for the user fee payable under pursuant to subsection (A) shall remit the user fee directly to the department within thirty days of the blending or manufacturing event in accordance with regulations promulgated procedures established by the department.
(D) A person subject to the user fee payable pursuant to subsection (A) must be licensed by the department as a blender or a manufacturer."
J. Section 12-28-1120 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"Section 12-28-1120. Each person A transporter who is not licensed as a supplier shall obtain a transporter's license before transporting motor fuel subject to the user fee by whatever manner from a point outside this State to a point inside South Carolina, or from a point inside this State to a point outside South Carolina, regardless of whether the person is engaged for hire in interstate commerce or for hire in intrastate commerce. The registration fee for a transporter's license is fifty dollars."
K. Section 12-28-1370(A) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) A person licensed as a transporter in this State engaged in interstate commerce shall file monthly reports with the department, on forms prescribed and furnished by the department, concerning the amount of motor fuel subject to the user fee transported by transport truck across the borders of this State from a point outside this State to a point inside South Carolina, from a point inside this State to a point outside South Carolina, or between two points in this State."
L. This section takes effect July 1, 2006.
SECTION 19.A. Section 12-33-245(A) of the 1976 Code, as last amended by Act 139 of 2005, is further amended to read:
"(A) In addition to taxes imposed pursuant to the provisions of Sections 12-33-230, 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61 or at a location holding a temporary license or permit that authorizes the sale of liquor by the drink. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'. The term 'gross proceeds of sales' also includes, but is not limited to, the retail value of a complimentary or discounted beverage containing alcoholic liquor, an amount charged for ice for a drink containing alcoholic liquor, and an amount charged for a nonalcoholic beverage that is sold or used as a mixer for a drink containing alcoholic liquor."
B. Chapter 6, Title 61 of the 1976 Code is amended by adding:
Section 61-6-720. Notwithstanding any other provision of this title, a person who operates in this State a bakery for the preparation of food items, in which food items alcoholic beverages are used as ingredients, and which food items are manufactured for and sold at wholesale, must apply for a special bakery food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverages from a wholesaler licensed pursuant to Section 61-6-100(2), or from a retailer licensed pursuant to Section 61-6-100(3), or from a manufacturer in containers holding greater quantities of alcoholic liquor than wholesalers or retailers have authority to sell. The department must establish the form of the application for the special bakery food manufacturer's license. The license fee for this biennial license is one thousand dollars. Alcoholic liquor purchased pursuant to this section may only be used in the preparation of food items. The department must revoke the special bakery food manufacturer's license of any operator which permits the consumption of alcoholic liquor as a beverage of liquor purchased pursuant to this section or which transfers alcoholic liquor purchased pursuant to this section to any other person."
SECTION 20.A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 139 of 2005, is further amended by adding an appropriately lettered item at the end to read:
"( ) tangible personal property purchased by a person engaged in the business of servicing a warranty, maintenance, or similar service contract for use in replacing a defective part under the contract if tax was paid on the sale or the renewal of the contract and the customer is not charged for labor or material when the part is replaced."
B. This section takes effect October 1, 2005.
SECTION 21.A. Section 12-36-910(B) of the 1976 Code, as last amended by Act 161 of 2005, is further amended by adding an appropriately numbered item to read:
"( ) gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not the contracts are purchased in conjunction with the sale of tangible personal property."
B. This section takes effect October 1, 2005.
SECTION 22. Section 12-36-2120(51) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(51) material handling systems and material handling equipment used in the operation of a distribution facility or a manufacturing facility including, but not limited to, racks used in the operation of a distribution facility or a manufacturing facility and either used or not used to support a facility structure or part of it. To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least thirty-five million dollars in real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the thirty-five million dollar investment requirement or, after the expiration of the five years, that it has not met the thirty-five million dollar investment requirement. The department may assess any tax due on material handling systems and material handling equipment purchased tax-free pursuant to this item but due the State as a result of the taxpayer's failure to meet the thirty-five million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the thirty-five million dollar investment requirement."
SECTION 23.A. Section 12-36-2120 of the 1976 Code, as last amended by Act 164 of 2005, is further amended by adding an appropriately numbered item at the end to read:
"( ) the sale or renewal of a warranty, maintenance, or similar service contract for tangible personal property if the sale or purchase of the tangible personal property covered by the contract is exempt or excluded from the tax imposed by this chapter."
B. This section takes effect October 1, 2005.
SECTION 24. Section 12-37-2740 of the 1976 Code, as added by Act 101 of 2001, is amended to read:
"Section 12-37-2740. (A) The Department of Motor Vehicles shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where in which the tax is delinquent. Before the electronic notification is sent to the department Department of Motor Vehicles, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter must be developed by the county treasurers in conjunction with the department Department of Motor Vehicles and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each A county must allow thirty days for the payment of taxes before the county notifies the department Department of Motor Vehicles to suspend the person's driver's license and vehicle registration.
(B) Notwithstanding the provisions of Sections 56-1-460 and 56-9-500, a charge of driving under suspension when if the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension does not require proof of financial responsibility. A person shall is not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:
(1) For a first offense under this section, the penalty is a fine not to exceed fifty dollars.
(2) For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.
(3) For a third or subsequent offense under this section, the penalty must not exceed the general criminal jurisdiction of a magistrate's court is a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or both.
(C) Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on the person's court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.
(D) Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of pursuant to this section, a fee of fifty dollars must be paid to the department Department of Motor Vehicles. The department Department of Motor Vehicles may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."
SECTION 25. Section 12-37-2890 of the 1976 Code, as added by Act 161 of 2005, is amended to read:
"Section 12-37-2890. (A) Upon request of by the Department of Revenue, and after the time period for all appeals of any tax due is exhausted, the Department of Public Safety Motor Vehicles shall suspend the driver's license and vehicle registration of a person who that fails to file and or pay a motor carrier property tax on a vehicle, pursuant to this article. The request to suspend must be an electronic notification from the Department of Revenue to the Department of Motor Vehicles. Before notification is sent to the Department of Public Safety Motor Vehicles, the Department of Revenue shall notify the delinquent taxpayer by certified letter of the pending suspension and of the steps necessary to prevent the suspension from being entered on the person's taxpayer's driving and registration records. The department shall allow thirty days for payment of taxes before notifying the Department of Public Safety Motor Vehicles to suspend the driver's license and vehicle registration.
(B) Notwithstanding the provisions of Sections 56-1-460 and 56-9-500, a charge of driving under suspension when the suspension is solely for failure to file and or pay a motor carrier property tax or the reinstatement fee required for the property tax does not require proof of financial responsibility. A person is not subject to a custodial arrest solely for being under suspension pursuant to this section. Upon conviction of a violation of this section, the taxpayer is subject to:
(1) for a first offense a fine not to exceed fifty dollars;
(2) for a second offense a fine not to exceed two hundred fifty dollars; and
(3) for a third or subsequent offense under this section, the penalty is a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both.
(C) Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the taxpayer provides proof on the taxpayer's court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.
(D) Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of fifty dollars must be paid to the Department of Motor Vehicles. The Department of Motor Vehicles may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."
SECTION 26. Section 12-43-335(C) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(C) For the purpose of assessing property of railroads, private carlines, airlines, water, power, telephone, cable television, sewer and pipeline companies, as provided in Section 12-4-540(A), the department shall follow the Sector 22 classification of the most recent North American Industry Classification System Manual, as follows:
(1) Sector 482;
(2) Sector 485, except subsectors 4851, 48521, 48531, 48541, 4859, and 488490;
(3) Sector 424, except subsectors 48411, 48422, 492, 493, and 488490;
(4) Sector 483, except subsectors 48311, 483113, 483211, and 483114;
(5) Sector 481, except subsectors 4812 and 48811;
(6) Sector 486;
(7) Sector 57 51, except subsectors 51511 and 51512;
(8) Sector 22, except subsectors 56292, 562211, 562212, 562213, 562219, 488119, 56291, 56171, 562998, 22133, and 22131."
SECTION 27.A. Section 12-54-155 of the 1976 Code is amended to read:
"Section 12-54-155. (a)(A)(1) If there is an underpayment attributable to either a substantial understatement of tax for any a taxable period or a substantial valuation misstatement, there must be added to the tax an amount equal to twenty-five percent of the amount of any the underpayment attributable to the understatement.
(2) This section does not apply to a portion of an underpayment attributable to fraud on which a penalty is imposed pursuant to Section 12-54-43(G).
(3) This section does not apply to a portion of an underpayment on which a penalty for underpayment of property tax on business-related property is imposed pursuant to Section 12-54-43(L).
(b)(1)(A)(B)(1)(a) For purposes of this section, there is a substantial understatement of tax for any a taxable period if the amount of the understatement for the taxable period exceeds the greater of ten percent of the tax required to be shown on the return for the taxable period or five thousand dollars.
(B)(b) In the case of a corporation other than an 'S' Corporation or a personal holding company, (as defined in IRCInternal Revenue Code Section 542), paragraph item (1) must be applied by substituting 'ten thousand dollars' for 'five thousand dollars'.
(2)(A)(a) For purposes of paragraph item (1), "Understatement" 'understatement' means the excess of the amount of the tax required to be shown on the return for the taxable period over the amount of the tax imposed which is shown on the return.
(B)(b) The amount of the understatement under subparagraph (A) subitem (a) must be reduced by that portion of the understatement which is attributable to (i) the tax treatment of any an item: (i) by the taxpayer if there is or was substantial authority for such that treatment, or (ii) any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return and there is a reasonable basis for the tax treatment of the item by the taxpayer. For purposes of (B)(2)(b)(ii) a corporation must not be treated as having a reasonable basis for its tax treatment of an item attributable to a multiple-party financing transaction if the treatment does not clearly reflect the income of the corporation. For purposes of this paragraph, the words 'substantial authority' and 'adequately disclosed' must be interpreted in accordance with Treasury Regulation Section 1.6662-4 as of the date on which the Internal Revenue Code is applied to state tax laws pursuant to Section 12-6-40.
(C)(i) In case of any item attributable to a tax shelter:
(I) subparagraph (B)(ii) does not apply; and
(II) subparagraph (B)(i) does not apply unless (in addition to meeting the requirements of the subparagraph) the taxpayer reasonably believed that the tax treatment of the item by the taxpayer was more likely than not the proper treatment.
(c)(i) Subitem (b) does not apply to an item attributable to a tax shelter.
(ii) For purposes of clause subsubitem (i), 'tax shelter' means:
(I)(A) a partnership or other entity;
(II)(B) and an investment plan or arrangement, ; or
(III)(C) any other another plan or arrangement if the principal purpose of the partnership, entity, plan, or arrangement is the avoidance or evasion of income tax.
(C) For purposes of this section, there is a substantial valuation misstatement if the:
(1) value of property or the adjusted basis of property claimed on a return of tax imposed in Title 12 is two hundred percent or more of the amount determined to be the correct amount of the valuation or adjusted basis; or
(2)(a) price for property or services for use of property claimed on the return in connection with a transaction between persons described in Internal Revenue Code Section 482 is two hundred percent or more, or fifty percent or less, of the amount determined pursuant to Section 482 to be the correct amount of the price; or
(b) net Internal Revenue Code Section 482 transfer price adjustment for the taxable year exceeds the lesser of five million dollars or ten percent of the taxpayer's South Carolina gross receipts.
(D)(1) A penalty must not be imposed pursuant to this section with respect to a portion of an underpayment if it is shown that there was a reasonable cause for the portion and that the taxpayer acted in good faith with respect to the portion. For purposes of this item, the words 'reasonable cause' and 'good faith' must be interpreted in accordance with Treasury Regulation Section 1.6664-4 as of the date on which the Internal Revenue Code is applied to state tax laws pursuant to Section 12-6-40.
(2) In the case of underpayment attributable to a substantial valuation misstatement with respect to charitable deduction property, item (1) does not apply if:
(a) the claimed value of the property was based on a qualified appraisal made by a qualified appraiser; and
(b) in addition to obtaining the appraisal, the taxpayer made a good faith investigation of the value of the contributed property.
(3) For purposes of this subsection, the term 'charitable deduction property' means property contributed by the taxpayer in a contribution for which a deduction was claimed under Internal Revenue Code Section 170. For purposes of item (2) the term does not include securities for which as of the date of the contribution, market quotations are readily available on an established securities market.
(E) As used in this section, 'Internal Revenue Code' refers to the Internal Revenue Code as applied to state tax laws pursuant to Section 12-6-40."
B. This section takes effect upon approval by the Governor and applies for tax periods beginning after December 31, 2006.
SECTION 28. Section 12-60-30(10) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(10) 'Department determination' means the final determination within the department from which an individual can a person may request a contested case hearing before the Administrative Law Judge Division Court."
SECTION 29.A. Section 12-60-470(C) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(C)(1) Only the taxpayer legally liable for the tax may file a claim for refund or receive a refund, except that after the application of Section 12-60-490 against the person claiming or receiving the refund:
(1)(a) a person who acts as a collector and remitter of state taxes may claim a credit or refund of the tax collected, but only if the person establishes that he has paid the tax in question to the State; and
(a)(i) repaid the tax to the person from whom he collected it; or
(b)(ii) obtained the written consent of the person from whom he collected the tax to the allowance of the credit or refund;
(2)(b) a purchaser who has paid sales tax to a retailer for a specific transaction may claim a refund if the retailer who paid the sales tax to the State has assigned, in writing, the right to a refund of that sales tax to the purchaser.
(3)(2) except as allowed in items (1) and (2) above, the taxpayer legally liable for the tax may only assign a refund to another person only after the taxpayer's claim is allowed, the amount of the refund is finally decided, and the department has approved the refund. The assignment must be in writing.
(3) A credit card or debit card issuer may claim a refund on behalf of a foreign mission or a foreign diplomat for purchases exempt from the sales and use tax imposed pursuant to Chapter 36 of this title as a result of treaties signed by the United States if the: (i) credit card or debit card issuer is authorized by the United States Department of State to participate in a diplomatic tax exemption program allowing the card or card issuer to seek refunds in accordance with procedures established by the United States Department of State; (ii) sale to the foreign mission or foreign diplomat qualifies as exempt under treaties signed by the United States; (iii) Department of Revenue approves the refund; and (iv) credit or debit card issuer credits the foreign mission's or foreign diplomat's credit card or debit card account to reflect the issuance of the refund.
(4) The provisions of Section 12-60-490 also apply to a person claiming or receiving a refund pursuant to this section, except for a credit card or debit card issuer seeking a sales and use tax refund on behalf of a foreign mission or foreign diplomat pursuant to subsection (C)(3) above. A refund may be issued only after the application of Section 12-60-490 against the taxpayer legally liable for the tax and, if applicable, against another person claiming or receiving the refund pursuant to this subsection.
(5) In case of a claim for refund filed by, or a refund assigned to, a person other than the taxpayer legally liable for the tax, the department may advise the person who filed the claim or who was assigned the refund that, if applicable, the refund was reduced or eliminated as a result of taxes owed by the taxpayer legally liable for the tax and the application of Section 12-60-490 and the amount by which the refund was reduced by taxes owed by the taxpayer legally liable for the tax."
B. This section takes effect July 1, 2006.
SECTION 30. Sections 12-4-770 and 12-36-530 of the 1976 Code are hereby repealed.
SECTION 31. Section 12-6-5590(E) and (F) of the 1976 Code, as added by Act 145 of 2005, is amended to read:
"(E) A contribution of an otherwise "qualified conservation contribution" as defined in Section 170(h) of the Internal Revenue Code shall be deemed not to have the requisite donative intent if the underlying property is used for, or associated with, the playing of golf, or is planned to be so used or associated.
(F) The department shall examine the substance, rather than merely the form, of the contribution and related and surrounding transactions, and may use the step transaction, economic reality, quid pro quo, personal benefit, and other judicially developed doctrines in determining whether the requisite donative intent is present."
SECTION 32. Section 12-58-160(B) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(B) When the department releases a lien erroneously filed, notice of that fact must be mailed to the taxpayer and upon the request of the taxpayer, a copy of the release must be mailed forwarded to the major credit reporting companies in the county where the lien was filed . Submission of data under this section does not constitute a violation of Section 30-2-50."
SECTION 33. The fourth paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place."
SECTION 34.A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-714. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
B. Article 5, Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-717. The provisions of Section 56-31-50 as to the imposition of a surcharge on a rental contract for certain motor vehicles applies in the same manner to the rental of heavy equipment by a person in the business of renting heavy equipment to the public, mutatis mutandis, except that the rate is three percent. For the purposes of this section, 'heavy equipment' means vehicles weighing more than three thousand pounds or heavy equipment that is rented without an operator by persons engaged in the heavy equipment business, which equipment or vehicles may be used for construction, mining, industrial, or forestry purposes, including, but not limited to, bulldozers, earthmoving equipment, material handling equipment, well drilling machinery and equipment, and cranes."
SECTION 35. Section 12-51-150 of the 1976 Code is amended to read:
"Section 12-51-150. In the case that the official in charge of the tax sale discovers before a tax title has passed, the failure of any action required to be properly performed, the official may void the tax sale and refund the amount paid, and the actual interest earned, to the successful bidder. If the full amount of the taxes, assessments, penalties, and costs have not been paid, the property must be brought to tax sale as soon as practicable."
SECTION 36.A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3600. (A) For taxable years beginning after 2006, and before 2014, there is allowed a credit against the tax imposed pursuant to this chapter for any ethanol facility which is in production at the rate of at least twenty-five percent of its name plate design capacity for the production of ethanol, before denaturing, on or before December 31, 2009. The facility must be placed in use after 2006. The credit equals twenty cents a gallon of ethanol produced and is allowed for sixty months beginning with the first month for which the facility is eligible to receive the credit and ending not later than December 31, 2014. The credit only may be claimed if the ethanol facility maintains an average production rate of at least twenty-five percent of its name plate design capacity for at least six months after the first month for which it is eligible to receive the credit.
(B) As used in this section:
(1) 'Ethanol facility' means a plant or facility primarily engaged in the production of ethanol or ethyl alcohol derived from grain components, coproducts, or byproducts; and
(2) 'Name plate design capacity' means the original designed capacity of an ethanol facility. Capacity may be specified as bushels of grain ground or gallons of ethanol produced a year.
(C) An ethanol facility eligible for a tax credit under subsection (A) of this section also shall receive a credit against the tax imposed pursuant to this chapter the amount of twenty cents a gallon of ethanol produced in excess of the original name plate design capacity which results from expansion of the facility completed after 2006 and before 2009. The tax credit is allowed for sixty months beginning with the first month for which production from the expanded facility is eligible to receive the tax credit and ending not later than 2014.
(D)(1) Pursuant to this chapter, beginning January 1, 2014, an ethanol facility must receive a credit against the tax imposed in the amount of seven and one-half cents a gallon of ethanol, before denaturing, for new production for a period not to exceed thirty-six consecutive months.
(2) For purposes of this subsection, 'new production' means production which results from a new facility, a facility which has not received credits before 2014, or the expansion of the capacity of an existing facility by at least two million gallons first placed into service after 2014, as certified by the design engineer of the facility to the Department of Revenue.
(3) For expansion of the capacity of an existing facility, 'new production' means annual production in excess of twelve times the monthly average of the highest three months of ethanol production at an ethanol facility during the twenty-four-month period immediately preceding certification of the facility by the design engineer.
(4) Credits are not allowed pursuant to this subsection for expansion of the capacity of an existing facility until production is in excess of twelve times the three-month average amount determined pursuant to this subsection during any twelve-consecutive-month period beginning no sooner than January 1, 2014.
(5) The amount of a credit granted pursuant to this section based on new production must be approved by the Department of Revenue based on the ethanol production records as may be necessary to reasonably determine the level of new production.
(E)(1) The credits described in this section are allowed only for ethanol produced at a plant in this State at which all fermentation, distillation, and dehydration takes place. Credit is not allowed for ethanol produced or sold for use in the production of distilled spirits.
(2) Not more than twenty-five million gallons of ethanol produced annually at an ethanol facility is eligible for the credits in subsections (A) and (C) of this section, and the credits only may be claimed by a producer for the periods specified in subsections (A) and (C) of this section.
(3) Not more than ten million gallons of ethanol produced during a twelve-consecutive-month period at an ethanol facility is eligible for the credit described in subsection (D) of this section, and the credit only may be claimed by a producer for the periods specified in subsection (D) of this section.
(4) Not more than one hundred twenty-five million gallons of ethanol produced at an ethanol facility by the end of the sixty-month period set for in subsection (A) or (C) of this section is eligible for the credit under the subsection. An ethanol facility which receives a credit for ethanol produced under subsection (A) or (C) of this section may not receive a credit pursuant to subsection (D) of this section until its eligibility to receive a credit under subsection (A) or (C) of this section has been completed.
(E) The Department of Revenue shall prescribe an application form and procedures for claiming credits under this section.
(F) For purposes of ascertaining the correctness of any application for claiming a credit allowed pursuant to this section, the Department of Revenue may examine or cause to have examined, by any agent or representative designated for that purpose, any books, papers, records, or memoranda bearing upon these matters."
B.1. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3610. (A) As used in this section, renewal fuel means liquid nonpetroleum based fuels that can be placed in motor vehicle fuel tanks and used as a fuel in a highway vehicle. It includes all forms of fuel commonly or commercially known or sold as biodiesel and ethanol.
(B) A taxpayer that constructs and installs and places in service in this State a qualified commercial facility for dispensing renewable fuel is allowed a credit equal to twenty-five percent of the cost to the taxpayer against the taxpayer's liability for a tax imposed pursuant to this chapter constructing and installing the part of the dispensing facility, including pumps, storage tanks, and related equipment, that is directly and exclusively used for dispensing or storing renewable fuel. A facility is qualified if the equipment used to store or dispense renewable fuel is labeled for this purpose and clearly identified as associated with renewable fuel. The entire credit may not be taken for the taxable year in which the facility is placed in service but must be taken in three equal annual installments beginning with the taxable year in which the facility is placed in service. If, in one of the years in which the installment of a credit accrues, the portion of the facility directly and exclusively used for dispensing or storing renewable fuel is disposed of or taken out of service, the credit expires and the taxpayer may not take any remaining installment of the credit. The unused portion of an unexpired credit may be carried forward for not more than ten succeeding taxable years.
(C) A taxpayer that constructs and places in service in this State a commercial facility for processing renewable fuel is allowed a credit equal to twenty-five percent of the cost to the taxpayer of constructing and equipping the facility. The entire credit may not be taken for the taxable year in which the facility is placed in service but must be taken in seven equal annual installments beginning with the taxable year in which the facility is placed in service. If, in one of the years in which the installment of a credit accrues, the facility with respect to which the credit was claimed is disposed of or taken out of service, the credit expires and the taxpayer may not take any remaining installment of the credit. The unused portion of an unexpired credit may be carried forward for not more than ten succeeding taxable years.
(D) A taxpayer that claims any other credit allowed under this article with respect to the costs of constructing and installing a facility may not take the credit allowed in this section with respect to the same costs."
B.2. Section 12-6-3610 of the 1976 Code as added by this section is repealed effective for facilities placed in service after 2011.
B.3. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for facilities placed in service after 2006.
C. Article 7, Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-745. (A) Renewable fuel exempt from tax pursuant to Section 12-28-710(A)(17), whether blended with other fuels or used in its pure state, is fully exempt from taxation and is not subject to the refund procedures contained in this article. If blended with other nonexempt motor fuels, the nonexempt portion of the blended fuel must be taxed as prescribed by law.
(B) The sale of fuels exempt from tax under Section 12-28-710(A)(17) must be documented and reported to the department by the supplier of renewable fuel according to procedures prescribed by the department."
D.1. Section 12-28-110(39) of the 1976 Code is amended to read:
"(39) 'Motor fuel' means gasoline, diesel fuel, renewable fuel, and blended fuel."
D.2. Section 12-28-110 of the 1976 Code is amended by adding at the end:
"(69) 'Biodiesel' means vegetable or animal based fuels used as a substitute for diesel fuel.
(70) 'Renewable fuel' means liquid nonpetroleum based fuels that can be placed in vehicle fuel tanks and used as a fuel in a highway vehicle. It includes all forms of fuel commonly or commercially known or sold as biodiesel and ethanol."
E. Section 12-28-710(A) of the 1976 Code is amended by adding a new item at the end to read:
"(17) renewable fuel sold from July 1, 2006 through June 30, 2011."
F. Section 12-28-990(A) of the 1976 Code is amended to read:
"(A) Each person blending materials on which the user fee has not been paid including blendstocks, additives, and fuel grade ethanol renewable fuels with motor fuels subject to the user fee as to which the user fee has been paid or accrued shall remit the user fee imposed by this chapter."
G. Except where otherwise provided, this SECTION takes effect upon approval by the Governor.
SECTION 37.A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3587. (A) There is allowed as a tax credit against the income tax liability of a taxpayer imposed by this chapter an amount equal to twenty-five percent of the costs incurred by the taxpayer in the installation of a solar energy heating or cooling system, or both, in a building owned by the taxpayer. The tax credit allowed by this section must not be claimed before the completion of the installation, and must be claimed for the year that the costs are incurred. The amount of the credit may not exceed three thousand five hundred dollars or fifty percent of the taxpayer's tax liability for that taxable year, whichever is less. If the amount of the credit exceeds three thousand five hundred dollars, the taxpayer may carry forward the excess for up to ten years.
(B) 'System' includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling. The term 'system' does not include any land or structural elements of the building such as walls and roofs or other equipment ordinarily contained in the structure."
B. This SECTION takes effect upon approval by the Governor and applies to installation costs incurred in taxable years beginning on or after January 1, 2006.
SECTION 38. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3620. (A) For taxable years beginning after 2006, there is allowed a tax credit against the tax imposed pursuant to Section 12-6-530 for twenty-five percent of the costs incurred by a taxpayer for use of methane gas taken from a landfill to provide power for a manufacturing facility.
(B) The tax credit allowed by this section may not exceed fifty percent of the liability of the taxpayer for the tax imposed pursuant to Section 12-6-530. Unused credits may be carried forward for ten years.
(C) For purposes of this section, manufacturing facility is as defined in Section 12-6-3360(M)(5)."
SECTION 39.A. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. A motor home on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes. By ordinance, the governing body of a county may extend the provisions of this section to a boat that meets the same qualifications required for motor homes pursuant to this section."
B. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-712. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or on ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State."
C. This SECTION takes effect upon approval by the Governor and applies for property tax years beginning after 2005.
SECTION 40. Except as otherwise provided elsewhere in this act, this act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18559MM06), which was adopted:
Amend the bill, as and if amended, Section 12-33-245(A) as found in SECTION 19.A. by deleting Section 12-33-245(A) in its entirety and inserting:
/ "(A) In addition to taxes imposed pursuant to the provisions of Sections 12-33-230, 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61 or at a location holding a temporary license or permit that authorizes the sale of liquor by the drink. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'. The term 'gross proceeds of sales' also includes, but is not limited to, the retail value of a complimentary or discounted beverage containing alcoholic liquor, an amount charged for ice for a drink containing alcoholic liquor, and an amount charged for a nonalcoholic beverage that is sold or used as a mixer for a drink containing alcoholic liquor. This section does not apply to nonprofit organizations that are issued a temporary permit to allow possession, sale, and consumption of alcoholic liquors pursuant to Section 61-6-510 or subarticle 5, Article 5, Chapter 6, Title 61." /
Amend the bill further, Section 12-6-3610(B) as found in SECTION 36.B.1. by deleting subsection B in its entirety and inserting:
/"(B) A taxpayer that constructs and installs and places in service in this State a qualified commercial facility for distribution or dispensing renewable fuel is allowed a credit equal to twenty-five percent of the cost to the taxpayer against the taxpayer's liability for a tax imposed pursuant to this chapter constructing and installing the part of the distribution facility dispensing facility, including pumps, storage tanks, and related equipment, that is directly and exclusively used for distribution, dispensing, or storing renewable fuel. A facility is qualified if the equipment used to store, distribute, or dispense renewable fuel is labeled for this purpose and clearly identified as associated with renewable fuel. The entire credit may not be taken for the taxable year in which the facility is placed in service but must be taken in three equal annual installments beginning with the taxable year in which the facility is placed in service. If, in one of the years in which the installment of a credit accrues, the portion of the facility directly and exclusively used for distributing, dispensing, or storing renewable fuel is disposed of or taken out of service, the credit expires and the taxpayer may not take any remaining installment of the credit. The unused portion of an unexpired credit may be carried forward for not more than ten succeeding taxable years."/
Amend the bill further, by deleting Section 12-28-710(A) as found in SECTION 36.E. in its entirety.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 12-10-88(B) of the 1976 Code is amended to read:
"(B) The department shall remit the redevelopment fees during the period described in subsection (C) for each calendar quarter for which the redevelopment authority provides the department with a timely statement from the federal employer that employs the employees working at the closed or realigned military installation setting forth the number of employees employed at the installation, the total wages paid to these employees, and the total amount of South Carolina withholding withheld from the employees for each quarter. In order to receive the redevelopment fees for the applicable quarter, the redevelopment authority shall submit the statement within thirty days of the later of the date that the federal employer's South Carolina withholding tax return is due or the date the federal employer files the withholding tax return. The department may extend the time for SUBMISSIONS of the statement at is discretion."
SECTION _____. Section 12-37-220(B)(45), as added by Act 69 of 2003, is amended to read:
"(45) a private passenger motor vehicle leased by a member of the armed forces of the United States stationed in this State when that service member's home of record is in another state and the leased vehicle is to be registered and licensed in the state of the service member's home of record in South Carolina."
SECTION ___. Section 12-6-545 of the 1976 Code is amended by adding an appropriately lettered item at the end to read:
"( ) An income tax credit available to offset taxes due pursuant to Section 12-6-510 also apply against taxes imposed by this section."
SECTION _____. Section 12-6-3515(B)(1)(c) of the 1976 Code, as added by Act 145 of 2005, is amended to read:
"(c) No credit is allowed pursuant to this section unless the contribution meets the requirements of Section 170 of the Internal Revenue Code, this section, and Section 12-6-5590. Property used for or associated with the playing of golf, or is planned to be so used or associated, is not eligible for the credits allowed by this section."
SECTION ___. Section 12-51-130 of the 1976 Code, as last amended by Act 238 of 2006, is further amended to read:
"Section 12-51-130. Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, or assignee, in possession'. The tax title must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, or assignee, is responsible in the amount of fifteen dollars for the actual cost of preparing the tax title plus documentary stamps necessary to be affixed and recording fees. The successful purchaser, or assignee, shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. If the tax sale of an item produced more cash than the full amount due in taxes, assessments, penalties, and costs, the overage must be applied to any outstanding municipal tax liens on the property. Any remaining overage belongs to the owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."
SECTION ___. Section 12-37-712 of the 1976 Code is amended to read:
"Section 12-37-712. A marina must provide immediate access to its business records and premises to city, county, and state tax authority employees for the purpose of making a property tax assessment. For the purposes of this section, 'marina' means a facility that provides mooring or dry storage for watercraft on a leased or rental basis, and 'business records' means only the name and billing address of the person leasing or renting space for a boat in a marina, as well as the make, model, and year, if available."
SECTION ___. Section 61-6-510 of the 1976 Code is amended to read:
"Section 61-6-510. (A) The department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations that have been in existence and operating for at least twelve months before the date of application, to nonprofit educational foundations, and to political parties and their affiliates duly certified by the Secretary of State. The department must charge a nonrefundable filing fee of thirty-five dollars for processing each application. The department in its discretion must specify the terms and conditions of the permit. For purposes of this section, 'nonprofit organization' means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes.
(B) The department may require the applicant to obtain a criminal background check conducted by the State Law Enforcement Division within thirty days prior to an initial application. Background checks for subsequent applications are not required unless the officers of the nonprofit organization change." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 61-6-2000 of the 1976 Code is amended to read:
"Section 61-6-2000. (A) In addition to the licenses authorized pursuant to the provisions of subarticle 1 of this article, the department also may issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organization which authorizes an organization to purchase and sell at a single social occasion alcoholic liquors by the drink. Notwithstanding another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors from licensed retail dealers in the same manner that a person with a biennial license is issued pursuant to the provisions of subarticle 1 of this article are authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized pursuant to the provisions of this section is within the discretion of the department.
(B) The department may require the applicant to obtain a criminal background check conducted by the State Law Enforcement Division within thirty days prior to an initial application. Background checks for subsequent applications are not required unless the officers of the nonprofit organization change." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___.A. Section 12-6-3360(A) of the 1976 Code, as last amended by Act 332 of 2002, is further amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, qualifying service-related facilities, extraordinary retail establishment, and qualifying technology intensive facilities are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service-related industries qualify for an annual jobs tax credit in counties designated as least developed or distressed. Credits under this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, insurance premium tax liability. In computing any tax payable by a taxpayer under Section 38-7-90, the credit allowable under this section must be treated as a premium tax paid under Section 38-7-20."
B. Section 12-6-3360(M) of the 1976 Code, as last amended by Act 332 of 2002, is further amended by adding at the end:
"(15) 'Extraordinary retail establishment' as defined in Sections 12-21-6520 and 12-21-6590."
C. Section 12-21-6520 is amended by adding:
"(14) 'Tourism or recreational facility' also means an aquarium or natural history exhibit or museum located within or directly contiguous to an extraordinary retail establishment as defined below. An extraordinary retail establishment is a single store located in a county with at least three and one half million visitors a year, and it must be a destination retail establishment which attracts at least two million visitors a year with at least thirty-five percent of those visitors traveling at least fifty miles to the establishment. The extraordinary retail establishment must have a capital investment of at least twenty-five million including land, buildings and site prep, and one or more hotels must be built to service the establishments with three years of occupancy. Only establishments which receive a certificate of occupancy after July 1, 2006 qualify. The Department of Parks, Recreation and Tourism shall determine and annually certify whether a retail establishment meets these criteria and its judgment is conclusive. The extraordinary retail establishment annually must collect and remit at least two million in sales taxes but is not required to collect or remit admission taxes."
D. Chapter 21 of Title 12 is amended by adding:
"Section 12-21-6590. The Department of Parks, Recreation and Tourism may designate no more than four extraordinary retail establishments as defined in Section 12-21-6520(14), and for purposes of this section, sales taxes must be substituted for admissions taxes wherever admission tax appears in this Tourism Infrastructure Admissions Tax Act. For purposes of this section, additional infrastructure improvements include any aquarium or natural history exhibits or museum located within or directly contiguous to the extraordinary retail establishment which are dedicated to public use and enjoyment under such terms and conditions as maybe required by the municipality or county in which they are located. Additional infrastructure improvements shall also include site prep, construction of real or personal property, parking, roadways, ingress and egress, utilities and other expenditures on the extraordinary retail establishment which directly support or service the aquarium or natural history museum or exhibits. The certification application made under this section must be executed by both the extraordinary retail establishment as well as the county or municipality."/
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted:
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.
The following Bill was taken up:
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.
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.
The following Bill was taken up:
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. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18538MM06), which was adopted:
Amend the bill, as and if amended, Section 4-11-290(B) as found in SECTION 1, pages 1 and 2, by deleting subsection (B) in its entirety and inserting:
/ (B) No special purpose district may be dissolved pursuant to this section if any one or more of the following conditions exists:
(1) the district is presently providing a governmental service within its boundaries;
(2) the district has outstanding general obligation indebtedness;
(3) the district has outstanding indebtedness payable from revenues derived from the provision of one or more governmental services and neither (i) the indebtedness has been assumed, with the consent of the holder of the indebtedness, by a political subdivision of the State of South Carolina that is authorized by law to provide the governmental services and that has agreed to take title to all necessary assets of the system from which revenues are derived, nor (ii) provision for payment or defeasance of the indebtedness has been made; and
(a) the indebtedness has not been declared in default by or upon behalf of the holder of it, or
(b4) a receiver has been appointed to manage the affairs of the district or application has been made for the appointment of a receiver; or
(45) the district has provided a governmental service within two years of the date of the petition and has formally budgeted funds to resume the provision of a governmental service within the present or succeeding fiscal year; or
(56) the governing body of a county in which the district is located objects to the dissolution of the district. /
Amend the bill further, Section (J)(1)(a) as found in SECTION 1, page 6, line 9, by inserting after / convey / the words / to such political subdivision / .
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
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.
Rep. CATO 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.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. SINCLAIR explained the Bill.
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.
Rep. SINCLAIR explained the Bill.
Rep. SINCLAIR moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted:
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. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry:
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.
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:
S. 1302 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE PARENT OF A STUDENT SHIFTED FROM ONE SCHOOL DISTRICT IN SUMTER COUNTY TO ANOTHER SCHOOL DISTRICT IN SUMTER COUNTY AS A RESULT OF REDISTRICTING MAY CHOOSE THE SCHOOL DISTRICT THE STUDENT SHALL ATTEND WITHOUT PENALTY OF TUITION.
Rep. WHITMIRE asked unanimous consent to recall S. 1422 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. VIERS objected.
Rep. PARKS asked unanimous consent to recall H. 4515 (Word version) from the Committee on Education and Public Works.
Rep. MARTIN objected.
Rep. SKELTON asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. ALTMAN objected.
Rep. LITTLEJOHN asked unanimous consent to recall H. 3136 (Word version) from the Committee on Judiciary.
Rep. WEEKS objected.
Rep. J. H. NEAL asked unanimous consent to recall H. 3662 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SCARBOROUGH objected.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
Rep. KIRSH moved to reconsider the vote whereby S. 1346 (Word version) was concurred in and enrolled and the motion was noted.
At 7:20 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Captain Douglas DiCenzo who was killed in Iraq, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 9:44 A.M.