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 Jeremiah 17:7: "Blessed are those who trust in the Lord, whose trust is the Lord."
Let us pray. Almighty God, as we begin another day of service to the people of this State, direct us by Your mighty power to do the work we have been called to do. Give these Representatives courage, wisdom and the integrity to carry the responsibility of their office to do the right for the common good of all. Bless each of them in their endeavors. Continue to look in favor upon our Nation, President, State, Governor, Speaker, Representatives and all leaders. Keep our defenders of freedom in Your care and protect them as they protect us. In the name of our Lord, we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. LEACH moved that when the House adjourns, it adjourn in memory of Ellis Ann Speer Johnson, daughter of Legislative Council employee, Sazy Johnson, which was agreed to.
The House stood in silent prayer for the family of Legislative Council employee, Sazy Johnson in the death of her infant daughter.
The following was received:
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, April 20, 2006
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidate for the Old Exchange Building Commission, at-large seat, qualified.
Mrs. Anne Trent Alford
Charleston
Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Thomas Alexander
Rep. Becky Martin Sen. Linda Short
Rep. Lanny F. Littlejohn Sen. Jake Knotts
Rep. Jesse E. Hines Sen. Harvey S. Peeler, Jr.
The candidate screening was conducted on April 20, 2006 at the State House, Columbia, South Carolina. Appearances: Representative Olin Phillips, Sophia Floyd, Administrative Assistant, Don Hottel, Chief of Staff, Speaker's Office.
Chairman Phillips: I'll call the meeting to order of the Joint Committee to Screen Candidates for the House and Senate. Today we are screening candidates for the Old Exchange Building Commission. We have three vacancies, all at-large. There are two incumbents unopposed, Mr. John S. Coussons and Mrs. Retta Sanders, who cannot be here today. There are two candidates running for the vacancy, Mrs. Anne Alford of Charleston and Mrs. Gail K. Player of Bishopville. Mrs. Player has decided to withdraw due to the fact that it would be dual office holding because she is as a member of the City Council of Bishopville and, rather than leave her seat, she has chosen to withdraw. Mrs. Alford is the only candidate we have. I will now swear in Mrs.
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for the Old Exchange Building Commission qualified.
Mr. John S. Coussons
Mrs. Retta Sanders
Mrs. Ann T. Alford
Received as information.
The following was received:
Memorandum to: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, April 20, 2006
The Nominating Committee for the Legislative Audit Council met on Thursday, April 20, 2006, at 12:30 PM in the Speaker's Office to review the candidates for election to the Council, there being two seats on the council open for election.
Committee Members present were: Senator John M. "Jake" Knotts, Jr., Senator Gerald Malloy, Senator Randy Scott, Representative James H. Harrison, and Representative David J. Mack. Representative William E. "Bill" Sandifer III was absent due to his service at the time on the PSC Committee screening.
Representative Harrison made the motion to elect Senator Jake Knotts as Chairman of the Nominating Committee. Representative Mack seconded the motion and the Committee Members unanimously elected Senator Knotts, Chairman.
Chairman Knotts made the motion that Representative Harrison be elected Vice Chairman. The other members seconded the motion and Representative Harrison was unanimously elected Vice Chairman.
Mrs. Susan Hoag was present and Mr. Jahue Moore was unable to attend due to required court duties. After a brief discussion of the two persons offering for the two LAC seats and certain members' knowledge of the candidates, Representative Harrison made a motion to find qualified and nominate Susan B. Hoag and S. Jahue Moore as candidates for the Legislative Audit Council seats (one person for one seat on the Commission). Mr. Moore is an attorney.
Senator Malloy seconded the motion. The members of the Nominating Committee unanimously selected Susan B. Hoag and S. Jahue Moore as candidates for the Legislative Audit Council.
The Nominating Committee adjourned at 12:45 P.M.
Received as information.
The following was received:
April 20, 2006
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.
LOCAL APPOINTMENT
Lexington County Master-in-Equity
Term Commencing: January 1, 2007
Term Expiring: January 1, 2013
Seat: Master-in-Equity
Vice: Clyde Davis
Initial Appointment
Mr. James O. Spence
6521 Edmund Highway
Lexington, South Carolina 29073
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC State Board of the Associated Marine Institute, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 18, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Fred N. Hanna
Chairman
Document No. 3006
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Statement of Policy, and Specific Project Standards for Tidelands and Coastal Waters
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2006
Withdrawn and Resubmitted April 25, 2006
The following was received:
Columbia, S.C., April 20, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., April 20, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3010:
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Rep. TOWNSEND 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. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland R. Brown Cato Ceips Chalk Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Duncan Emory Funderburk Hagood Haley Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas
Mahaffey Martin McCraw McGee McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Owens Perry Phillips Pinson Rhoad Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
J. Brown Kennedy Moody-Lawrence E. H. Pitts Rutherford Scott J. E. Smith Vaughn
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. TOWNSEND, WALKER and MILLER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., March 8, 2006
The COMMITTEE OF FREE CONFERENCE, whom was referred: (House Doc. No. COUNCIL\GGS\22479SJ06.DOC)
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers,
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. (A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter
(B) It is the intent of the General Assembly that creation of this chapter encourages cultural diversity, educational improvement, and academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina.
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which that operates within a public school district or the South Carolina Public Charter School District, but is accountable to the local school board of trustees of that district, which grants its charter. Nothing in this chapter prohibits charter schools from offering virtual services pursuant to State law and subsequent regulations defining virtual schools.
(2) A charter school:
(a) is considered a public school and part of the South Carolina Public Charter School District or local school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected, as provided in Section 59-40-50(B)(9);
(d) shall may not charge tuition or other charges of any kind pursuant to Section 59-19-90(8) except as may be allowed by the sponsor and is comparable to the charges of the local school district in which the charter school is located.
(3) 'Applicant' means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees or the local school board of trustees in which the charter school is to be located. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the South Carolina Public Charter School District Board of Trustees or the local school board of trustees in which the charter school is to be located established, as provided by law, from
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification qualifications outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught and who has completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.
(7) 'Charter committee' means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation must be organized as the governing body and the charter committee is dissolved.
(8) 'Local school district' means any school district in the State except the South Carolina Public Charter School District and does not include special school districts.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school must:
(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district or, in the case of the South Carolina Public Charter School District, the local school district in which the charter school is located;
(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies as defined by the federal No Child Left Behind law must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified or experienced in the field of school administration;
(7) admit all children eligible to attend public school in a school district to a charter school operating in that school district, subject to space limitations. However, it is required that the racial composition of the charter school enrollment reflect that of the local school district in which the charter school is located or that of the targeted student population which of the local school district that the charter school proposed to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population. This requirement is also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students must be accepted by lot, and there is no appeal to the sponsor;
(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;
(9) elect its board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in
(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees sponsor. The decision is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, other charter schools or the local school district in which the charter school is located has the authority but not the obligation to refuse admission to the student.
(3) The sponsor has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school within the sponsor district. Notwithstanding another provision of law, the local school district has no obligation to provide charter schools, sponsored by the South Carolina Public Charter School District, extracurricular activities or access to facilities of the school district for students enrolled in charter schools unless the school district, by contract, has agreed to provide activities or access. Students participating under this agreement shall must be considered eligible to participate in league events if all other eligibility requirements are met.
(D) The State is not responsible for student transportation to a charter school unless the charter school is designated by the local school district as the only school selected within the local school district's attendance area.
(E) The South Carolina Public Charter School District Board of Trustees may not use program funding for transportation.
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation pursuant to the laws of this State;
(2) form a charter committee for the charter school which includes one or more teachers;
(3) submit a written charter school application to the local charter school advisory committee and the school board of trustees for the school district in which the charter school is to be located from which the committee is seeking sponsorship.
(E) A charter committee is responsible for and has the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school; and
(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and must include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination of them support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum which must meet or exceed any content standards adopted by the school district in which the charter school is located State Board of Education and the chartering district must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for
(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the local school district in which the charter school is to be located or the targeted student population of the local school district that the charter school proposes to serve and provide assurance that the school does not conflict with any school district desegregation plan or order in effect for the school district in which the charter school is to be located;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be obtained;
(11) an explanation of the relationship that shall exist between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application must state whether or not the provisions of Article 5, Chapter 25 of Title 59 apply to the employment and dismissal of teachers at the charter school;
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
(G) Nothing in this section shall require a charter school applicant to provide a list of prospective or tentatively enrolled students or prospective employees with the application.
Section 59-40-70. (A) The Charter School Advisory Committee shall must be established by the State Board of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. Members shall must be appointed by the State Board of Education unless otherwise indicated.
(1) The advisory committee shall consist of eleven members as follows:
(a) South Carolina Association of Public Charter Schools--the president or his designee and one additional representative from the association;
(b) South Carolina Association of School Administrators--the executive director or his designee;
(c) South Carolina Chamber of Commerce--the executive director or his designee and one additional representative from the chamber;
(d) South Carolina Education Oversight Committee--the chair or a business designee;
(e) South Carolina Commission on Higher Education--the chair or his designee;
(f) South Carolina School Boards Association--the executive director or his designee;
(g) South Carolina Alliance of Black Educators--the president or his designee; and
(h) One teacher and one parent to be appointed by the State Superintendent of Education.
(2) As an application is reviewed, a representative from the local school board of trustees of the affected school district from which the committee is seeking sponsorship and a representative of the charter committee shall serve on the advisory committee as ex officio nonvoting members. If the applicant indicates a proposed contractual agreement with the local school district in which the charter school is located, a representative from the local school board of trustees of that
(3) Appointing authorities shall give consideration to the appointment of minorities and women as representatives on the committee.
(4) The committee shall be convened by the State Superintendent of Education on or before July 1, 2002, who shall serve as interim chair. At the first meeting the membership shall elect a chairman and any other officers it deems necessary.
(5) The committee shall establish by-laws for its operation that shall must include terms of office for its membership.
(6)(5) An applicant shall submit the application to the advisory committee and a one copy to the affected school district school board of trustees of the district from which it is seeking sponsorship. In the case of the South Carolina Public Charter School District, the applicant shall provide notice of the application to the local school board of trustees in which the charter school will be located for informational purposes only. The advisory committee shall receive input from the school district in which the applicant is seeking sponsorship and shall request clarifying information from the applicant. Within sixty days, An applicant may submit an application to the advisory committee at any time during the fiscal year and the advisory committee, within sixty days, shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district from which the applicant is seeking sponsorship with a letter stating the application is in compliance. The letter also shall include a recommendation from the Charter School Advisory Committee to approve or deny the charter. The letter must specify the reasons for its recommendation. This recommendation is nonbinding on the school board of trustees. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board of Education.
(B) The local school board of trustees from which the applicant is seeking sponsorship shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within thirty days after receiving the application. If there is no ruling within thirty days, the application is considered approved. Once the application has been approved by the school board of trustees, the charter school may open at the beginning of the following year. However, before a charter school may open, the State Department of Education shall verify the
(C) A local school district board of trustees shall only shall deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district in which the charter school is to be located. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall must be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.
(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district in which the charter school is to be located or the targeted student population of the local school district by more than twenty percent, despite its best efforts, the local school district board of trustees from which the applicant is seeking sponsorship shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the local school district board of trustees that the applicant or charter school is operating in a racially discriminatory manner may justify justifies the denial of a charter school application or the revocation of a charter as provided herein in this section or in Section 59-40-110, as may be applicable. A finding by the local school district board of trustees that the applicant is not operating in a racially discriminatory manner shall justify justifies approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.
(E) If the local school district board of trustees from which the applicant is seeking sponsorship denies a charter school application, the charter applicant may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(F) If the local school district board of trustees approves the application, it becomes the charter school's sponsor and shall sign the approved application, which constitutes a contract with the charter committee of the charter school. A copy of the charter must be filed with the State Board of Education.
(G) If a local school board of trustees has information that an approved application by the South Carolina Public Charter School District adversely affects the other students in its district, as defined in regulation, or that the approval of the application fails to meet the spirit and intent of this chapter, the local school board of trustees may appeal the granting of the charter to the State Board of Education. The state board, within forty-five days, may affirm or reverse the application for action by the South Carolina Public Charter School District in accordance with an order of the state board. The State Board of Education shall promulgate regulations outlining procedures for this type of appeal.
Section 59-40-75. (A) A member of the South Carolina Public Charter School District or of the governing board or sponsor of the charter school who is indicted in any court for any crime, or has waived the indictment if permitted by law, may be suspended by the Governor, who shall appoint another in his stead until he is acquitted. In case of conviction, the office must be declared vacant by the Governor and the vacancy filled as provided by law.
(B) A member of the South Carolina Public Charter School District or of the governing board of the charter school who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity may be removed from office by the Governor. Before removing the officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.
(C) Whenever it appears to the satisfaction of the Governor that probable cause exists to charge a member of the South Carolina Public Charter School District or of the governing board of the charter school who has the custody of public or trust funds with embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper officer.
Section 59-40-80. A local school board sponsor may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees issuing the decision with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process must be as contained in this section. Within thirty forty-five days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm or reverse the application for action by the local board in accordance with an order of the state board.
(D) A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located. The prevailing party in the circuit court appeal is entitled to a judgment against the nonprevailing party for reasonable attorney's fees and other expenses associated with the appeal process set forth in this section.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents Parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. Parents or guardians of a student shall have one vote for each student enrolled in the school seeking conversion. The application must be submitted pursuant to Section 59-40-70(A)(5) by the principal of that school or his designee who must be considered the applicant. The application must include all information required of other applications pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications. The existence of another charter
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other All employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district or the South Carolina Public Charter School District with the same compensation and benefits including any future increases. The converted charter school quarterly shall reimburse the local school district or the South Carolina Public Charter School District for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees and provide to the school district any reports, forms, or data necessary for maintaining retirement coverage and providing South Carolina Retirement Systems benefits to converted school employees. The provisions of Article 5, Chapter 25 of Title 59 apply to the employment and dismissal of teachers at a converted school.
(E) The South Carolina Public Charter School District may not sponsor a public school to convert to a charter school. However, the South Carolina Public Charter School District may sponsor a converted charter school renewal if the charter school has not committed a material violation of the provisions specified in subsection (C) of Section 59-40-110 and the local school district board of trustees refuses to renew the charter. In such cases, the charter school shall continue to receive local funding pursuant to Section 59-40-110(A). However, the charter school is not eligible to receive one hundred percent of the base student cost from the State. The charter school only is eligible to receive the percentage of the base student cost previously received as a school in its former district.
Section 59-40-110. (A) A charter may must be approved or renewed for a period of five school years; however, the charter only may be revoked or not renewed under the provisions of subsection (C) of this section. The sponsor annually shall evaluate the conditions outlined in subsection (C). The annual evaluation results must be used in making a determination for nonrenewal or revocation.
(B) A charter renewal application must be submitted to the school's sponsor, and it must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures provided for in the charter application;
(2) failed to meet or make reasonable progress, as defined in the charter application, toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure provided for in this section.
(E) The existence of another charter granting authority must not be grounds for the nonrenewal or revocation of a charter. Grounds for nonrenewal or revocation must be only those specified in subsection (C) of this section.
(F) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(G) A charter school seeking renewal may submit a renewal application to another charter granting authority if the charter school has not committed a material violation of the provisions specified in subsection (C) of this section and the local school district board of trustees refuses to renew the charter. In such cases, the charter school shall continue to receive local funding pursuant to Section 59-40-140(A). However, the charter school is not eligible to receive one hundred percent of the base student cost from the State. The charter school only is eligible to receive the percentage of the base student cost previously received as a school in its former district.
(F)(H) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-115. A charter school may terminate its contract with a sponsor before the five-year term of contract if all parties under contract with the charter school agree to the dissolution. A charter school that terminates its contract with a sponsor directly may seek application for the length of time remaining on its original contract from another sponsor without review from the Charter School Advisory Committee.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts must be returned to that entity. All other assets become property of the sponsor.
Section 59-40-125. (A) All charter schools, other than converted charter schools whose employees remain employees of the local school district or the South Carolina Public Charter School District pursuant to Section 59-40-100(D), are eligible covered employers in the South Carolina Retirement Systems and may elect to participate in the system by filing the appropriate application with the South Carolina Retirement Systems. If the charter school chooses not to become a covered employer, employees of that charter school are not allowed to participate in the South Carolina Retirement Systems except as provided in Section 59-40-130.
(B) The South Carolina Public Charter School District shall be a covered employer in the South Carolina Retirement Systems.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school before July 1, 2006, the school district shall grant the leave for up to five years as requested by the employee. The school district may
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. A charter school employing an individual on leave from a local school district shall participate in the South Carolina Retirement Systems as a covered employer with respect to the employee on leave it hires. The employee on leave from a local school district employed by a charter school shall accrue benefits and credits in the South Carolina Retirement Systems. The charter school shall remit to the retirement system the employer contributions required by law for participating employers. The employee shall make the employee contributions to the retirement systems required by law and the contributions must be picked up in accordance with Section 9-1-1020. The South Carolina Retirement Systems may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation is governed by Section 59-40-100.
Section 59-40-140. (A) A local school board of trustees sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures revenues, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application and must continue
(B) The South Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the following formula: the current year's base student cost, as funded by the General Assembly, multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations. These state funds are in addition to other funds to be received and distributed by the South Carolina Public Charter School District pursuant to subsections (C) and (D) of this section and Section 59-40-220(A). However, the South Carolina Public Charter School District may not retain more than two percent of its gross revenue for its internal administrative and operating expenses.
(C) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C)(D) Notwithstanding subsection (B) (C), the proportionate share of state and federal resources generated by students with disabilities or staff serving them must be directed to charter schools the school district board of trustees. The proportionate share of funds generated under other federal or state categorical aid programs must be directed to charter schools the school district board of trustees serving students eligible for the aid pursuant to state and federal law.
(D)(E) All services centrally or otherwise provided by the school district sponsor or local school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district sponsor or local school district.
(E)(F) All awards, grants, or gifts collected by a charter school must be retained by the charter school.
(F)(G) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No A gift or donation shall must not be required for admission. However, no a gift, donation, or
(G)(H) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H)(I) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I)(J) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J)(K) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
(K) For those charter schools established on and after July 1, 2003, during the first year of its operation and upon verification by the State Department of Education that the charter school is receiving funding consistent with this chapter, the local school district shall receive through a state reserve fund established by the General Assembly beginning with fiscal year 2003-2004 an amount equivalent to the base student cost times a 1.0 weighted pupil unit for each student enrolled in the charter school who was enrolled in another noncharter public school in the district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district. Upon the filing of a charter school application, the State Department of Education must verify to the Charter School Advisory Committee and the affected school district that adequate funds are in the state reserve fund to meet this requirement.
Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable. However, this section does not apply to a charter school sponsored by the South Carolina Public Charter School District Board of Trustees.
Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-155. (A) Within one year of taking office, all persons elected or appointed as members of a charter school board of trustees after July 1, 2006, shall complete successfully an orientation program in the powers, duties, and responsibilities of a board member, including, but not limited to, topics on policy development, personnel, instructional programs, school finance, school law, ethics, and community relations. The orientation must be provided at no charge by the State Department of Education or an association approved by the department.
(B) Within ninety days of employment, an administrator employed by the charter school, who is not certified, shall complete successfully an orientation program in the powers, duties, and responsibilities of a school administrator, including, but not limited to, topics on personnel, instructional programs, school finance, school law, ethics, and community relations. The orientation must be provided at no charge by the State Department of Education or an association approved by the department.
Section 59-40-160. (A) The State Board of Education shall compile evaluations, to include, but not be limited to, school report cards, of charter schools received from local school boards of trustees sponsors. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
(D) An impact study shall must be conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process.
Section 59-40-170. The Department of Education shall make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other
Section 59-40-180. The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board appeal, by December first of the year preceding the charter school's opening.
Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
(D) A member of a school governing body may not receive pay as an employee in the same school.
Section 59-40-200. Notwithstanding any other provision of this chapter, charter schools with conditional charters, with applications pending with local school district boards, or with planning-implementation grants supported by the Public Charter Schools Grant Program whose timelines stipulate having charter applications approved prior to December 1, 2003, shall apply directly to the local school district board of trustees without review by the charter school advisory committee. An application already on file with the charter school advisory committee before the effective date of Section 59-40-220 is subject to the timeline in effect at the time the application was filed. An application filed after the effective date of Section 59-40-220 is subject to the new time lines established pursuant to this chapter.
Section 59-40-210. A school established as a private school, on the effective date of this section, which desires to convert to a charter school shall dissolve and must not be allowed to open as a charter school for a period of twelve months.
Section 59-40-220. (A) The South Carolina Public Charter School District is created as a public body. The South Carolina Public Charter School District must be considered a local education agency and is eligible to receive state and federal funds and grants available for public charter and other schools to the same degree as other local education agencies. The South Carolina Public Charter School District may not have a local tax base and may not receive local property taxes.
(B) The geographical boundaries of the South Carolina Public Charter School District are the same as the boundaries of the State of South Carolina.
(C) The office of the South Carolina Public Charter School District Board of Trustees must be housed in the State Department of Education.
Section 59-40-230. (A) The South Carolina Public Charter School District must be governed by a board of trustees consisting of not more than eleven members:
(1) two appointed by the Governor;
(2) one appointed by the Speaker of the House of Representatives;
(3) one appointed by the President Pro Tempore of the Senate; and
(4) seven to be appointed by the Governor upon the recommendation of the:
(a) South Carolina Association of Public Charter Schools and one additional representative from the association;
(b) South Carolina Association of School Administrators;
(c) South Carolina Chamber of Commerce;
(d) South Carolina Education Oversight Committee;
(e) South Carolina School Boards Association;
(f) South Carolina Alliance of Black Educators.
The nine members appointed by the Governor pursuant to this subsection are subject to advice and consent of the Senate. Membership of the committee must reflect representatives from each of the entities in item (A)(4) or their designee as reflected in their recommendation.
Each member of the board of trustees shall serve terms of three years, except that, for the initial members, two appointed by the
(B) The South Carolina Public Charter School District Board of Trustees has the same powers, rights, and responsibilities with respect to charter schools as other school district boards of trustees of this State including, but not limited to, sponsoring charter schools and applying for federal charter school grants, except that the South Carolina Public Charter School District Board of Trustees may not offer application for a charter school, issue bonds, or levy taxes.
(C) The South Carolina Public Charter School District Board of Trustees annually shall elect a chairman and other officers as it considers necessary from among its membership.
(D) Members of the South Carolina Public Charter School District Board of Trustees are not eligible to receive compensation but are eligible for per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(E) The South Carolina Public Charter School District Board of Trustees shall:
(1) exercise general supervision over public charter schools sponsored by the district;
(2) grant charter status to qualifying applicants for public charter schools pursuant to this chapter;
(3) adopt and use an official seal in the authentication of its acts;
(4) keep a record of its proceedings;
(5) adopt rules of governance;
(6) determine the policy of the district and the work undertaken by it;
(7) prepare a budget for expenditures necessary for the proper maintenance of the board and the accomplishment of its purpose;
(8) keep financial records in accordance with state and federal accounting codes and procedures;
(9) comply with and ensure compliance of applicable state and federal regulations;
(10) procure an outside annual certified financial audit on funds and submit to the State Department of Education as required by the State Department of Education;
(11) be subject to the Freedom of Information Act;
(12) have the power to hire and fire the superintendent of the district who may have staff as needed.
(F) The South Carolina Public Charter School District Board of Trustees may contract, sue, and be sued.
Section 59-40-210 59-40-240. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. Section 59-18-920 of the 1976 Code as last amended by Act 49 of 2005 is amended to read:
"Section 59-18-920. A charter school established pursuant to Chapter 40, Title 59 shall receive a performance rating and shall issue a report card report the data requested by the Department of Education necessary to generate a report card. The Department of Education shall utilize this data to issue a report card with performance ratings to parents and the public containing the rating ratings and explaining its significance and providing other information similar to that required of other schools in this section. The performance of students attending charter schools sponsored by the South Carolina Public Charter School District must be included in the overall performance ratings of the South Carolina Public Charter School District. The performance of students attending a charter school authorized by a local school district must be reflected on a separate line on the school district's report card and must not be included in the overall performance ratings of the local school district. An alternative school is included in the requirements of this chapter; however, the purpose of an alternative school must be taken into consideration in determining its performance rating. The Education Oversight Committee, working with the State Board of Education and the School to Work Advisory Council, shall develop a report card for career and technology schools."
"(G) The State Board of Education shall promulgate regulations outlining the procedures for data collection, data accuracy, data reporting, and consequences for failure to provide data required in this section."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Robert W. Hayes, Jr. Vida O. Miller Scott H. Richardson Ronald P. Townsend Nikki G. Setzler Robert E. Walker On Part of the Senate. On Part of the House.
Rep. TOWNSEND explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. CHALK, with unanimous consent, the following was taken up for immediate consideration:
H. 5036 (Word version) -- Rep. Chalk: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HILTON HEAD PREP "DOLPHINS" GIRLS BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE SCISA CLASS AAA GIRLS BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Hilton Head Prep "Dolphins" Girls Basketball Team, coaches, and other school officials at a date and time
The Resolution was adopted.
The following was introduced:
H. 5037 (Word version) -- Rep. Chalk: A HOUSE RESOLUTION CONGRATULATING THE HILTON HEAD PREP "DOLPHINS" GIRLS BASKETBALL TEAM ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA STATE CHAMPIONSHIP AND HONORING THE PLAYERS AND COACHES FOR A TRULY EXCEPTIONAL SEASON.
The Resolution was adopted.
The following was introduced:
H. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. BINGHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 5039 (Word version) -- Reps. Bingham, Neilson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown,
Be it resolved by the House of Representatives:
That the South Carolina Silver Haired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 12 through September 14, 2006, provided the House of Representatives is not in session on that date. If the House of Representatives is in statewide session, the House Chamber may not be used on those dates but may be used by the South Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.
Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and rules of the South Carolina House of Representatives.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5040 (Word version) -- Reps. Delleney, Emory, Kirsh, McCraw, Moody-Lawrence, Norman and Simrill: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE ROCK HILL HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM FOR THEIR OUTSTANDING WIN OF THE CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACH BOBBY STEVENS ON AN EXCEPTIONAL SEASON.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Rock Hill High School Varsity Boys Basketball Team at a date and time to be determined by the Speaker to congratulate them for their outstanding win of the Class AAAA state championship title, and to honor the players and Coach Bobby Stevens on an exceptional season.
The Resolution was adopted.
The following was introduced:
H. 5041 (Word version) -- Reps. Delleney, Emory, Kirsh, McCraw, Moody-Lawrence, Norman and Simrill: A HOUSE RESOLUTION TO CONGRATULATE THE ROCK HILL HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM FOR ITS OUTSTANDING WIN OF THE CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACH BOBBY STEVENS ON AN EXCEPTIONAL SEASON.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5042 (Word version) -- Reps. Delleney, W. D. Smith, Cato, Ott, Sandifer and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO FILL TERMS WHICH EXPIRE JUNE 30, 2006.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 24, 2006, at 12:00 noon to elect a successor to the Honorable Reginald I. Lloyd, Judge of the Circuit Court, At-Large Seat 9, whose term expires June 30, 2009; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Court, Seat 5, whose term expires June 30, 2008.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to the Honorable David A. Wright, Public Service Commissioner for the Second District, whose term expires June 30, 2006; the Honorable Elizabeth B. Fleming, Public Service Commissioner for the Fourth District, whose term expires June 30, 2006; and the Honorable Mignon L. Clyburn, Public Service Commissioner for the Sixth District, whose term expires June 30, 2006.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5043 (Word version) -- Reps. Huggins, Ballentine, Bingham, Clark, Frye, Haley, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. CHUCK WENDT OF LEXINGTON COUNTY, VICE PRESIDENT OF MARKETING AND PUBLIC RELATIONS FOR LEXINGTON MEDICAL CENTER AND PRESIDENT OF LEXINGTON MEDICAL CENTER FOUNDATION, FOR HIS OUTSTANDING WORK IN SUPPORT OF LEXINGTON MEDICAL CENTER DURING HIS DISTINGUISHED CAREER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5044 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION AND THE QUALIFICATIONS AND APPOINTMENT OF ITS MEMBERS, SO AS TO DELETE THE PROVISION REQUIRING APPOINTMENT OF CERTAIN MEMBERS OF THE COMMISSION UPON THE RECOMMENDATION OF THE RESIDENTIAL HOME BUILDERS ASSOCIATION.
Referred to Committee on Labor, Commerce and Industry
S. 1333 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Referred to Committee on Judiciary
On motion of Rep. TOWNSEND, with unanimous consent, the following was taken up for immediate consideration:
H. 5046 (Word version) -- Reps. Townsend, Walker, Pinson and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT CHARTER SCHOOLS IN SOUTH CAROLINA MAKE TOWARD THE EDUCATION OF OUR STATE'S STUDENTS AND TO DECLARE THE WEEK MAY 1-6, 2006, AS "CHARTER SCHOOL WEEK" IN SOUTH CAROLINA.
Whereas, May 1-6, 2006, marks the seventh National Charter School Week in the United States. Charter School Week provides an excellent opportunity to recognize the contributions of charter schools and presents a wonderful opportunity to educate the citizens of South Carolina on the educational options offered by charter schools; and
Whereas, the first charter law was enacted in Minnesota in 1991 and the first charter school opened there in 1992 and is still operating today; and
Whereas, forty states and the District of Columbia have charter schools which total more than three thousand six hundred schools with over one million students. Fifty-six percent of charter schools have
Whereas, in South Carolina our charter school law was enacted in 1996, amended in 2002, and other amendments are being considered this year. There are now twenty-six charter schools serving over four thousand students in our State; and
Whereas, the members of the General Assembly, by this resolution, in order to recognize the contributions of charter schools in South Carolina have determined to adopt this resolution in honor of these excellent educational institutions in South Carolina and in the United States. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the contributions that charter schools in South Carolina make toward the education of our state's students and declare the week of May 1-6, 2006, as "Charter School Week" in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1364 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BISHOP WENDELL HENDRIX, PASTOR OF THE CHURCH OF GOD ON FISH HATCHERY ROAD IN GASTON, FOR HIS DEVOTED AND FAITHFUL THIRTY-YEAR CAREER AS AN ORDAINED MINISTER, AND TO DECLARE SUNDAY, MAY 21, 2006, AS "BISHOP WENDELL HENDRIX DAY" IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1367 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOHN WOODROW "JAKE" JOHNSON OF LEXINGTON COUNTY, A COMBAT VETERAN OF WORLD WAR II, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Delleney Duncan Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hodges Howard Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee McLeod Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Phillips 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. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Vick Walker Weeks White Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, April 25.
Gilda Cobb-Hunter Vida Miller Shirley Hinson Lonnie Hosey Thayer Rivers Joan Brady Harry Ott William R. "Bill" Whitmire James Lucas Daniel Tripp William Bowers Ronald Townsend James Harrison Joe Brown James Merrill Tracy Edge Fletcher Smith Karl Allen Bill Cotty Eldridge Emory Chip Huggins Jackson "Seth" Whipper Thad Viers
The SPEAKER granted Rep. MACK a leave of absence for the week due to illness.
I came in after the roll call and was present for the Session on Wednesday, April 19.
Thad Viers
Announcement was made that Dr. Louis E. Costa of Charleston 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. 3034 (Word version)
Date: ADD:
04/25/06 HODGES
Bill Number: H. 4021 (Word version)
Date: ADD:
04/25/06 MILLER
Bill Number: H. 4312 (Word version)
Date: ADD:
04/25/06 HERBKERSMAN
Bill Number: H. 4312 (Word version)
Date: ADD:
04/25/06 BALLENTINE
Bill Number: H. 4312 (Word version)
Date: ADD:
04/25/06 J. E. SMITH
Bill Number: H. 4366 (Word version)
Date: ADD:
04/25/06 HODGES
Bill Number: H. 4965 (Word version)
Date: ADD:
04/25/06 HARRELL
Bill Number: H. 4840 (Word version)
Date: ADD:
04/25/06 HODGES
Bill Number: H. 5001 (Word version)
Date: ADD:
04/25/06 HAGOOD
Bill Number: H. 4681 (Word version)
Date: ADD:
04/25/06 VICK
Bill Number: H. 4800 (Word version)
Date: ADD:
04/25/06 YOUNG
Bill Number: H. 4800 (Word version)
Date: ADD:
04/25/06 THOMPSON
Bill Number: H. 4930 (Word version)
Date: ADD:
04/25/06 J. E. SMITH
Bill Number: H. 3977 (Word version)
Date: ADD:
04/25/06 MCLEOD
Bill Number: H. 3711 (Word version)
Date: ADD:
04/25/06 MITCHELL
Bill Number: H. 5033 (Word version)
Date: REMOVE:
04/25/06 PINSON
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4481 (Word version) -- Reps. Martin, Townsend, J. H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
The following Bill was taken up:
H. 4961 (Word version) -- Reps. Rhoad, Witherspoon, Toole, M. A. Pitts and Vick: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up:
H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.
Reps. G. M. SMITH, WEEKS, SKELTON, LOFTIS, VAUGHN, D. C. SMITH, COTTY, MOODY-LAWRENCE, WALKER, KIRSH, R. BROWN, BREELAND, HIOTT, BATTLE, J. H. NEAL, CLYBURN and JEFFERSON requested debate on the Bill.
The following Bill was taken up:
H. 4089 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF EMPLOYEES FROM THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE CERTAIN EMPLOYEES OF A RESIDENTIAL CONSTRUCTION COMPANY AS BEING EXEMPT.
Reps. CHELLIS, JEFFERSON, CLYBURN, WEEKS, CATO, MOODY-LAWRENCE, LEACH, BATTLE, MILLER and RIVERS requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4021 (Word version) -- Reps. Hayes and Miller: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO REDUCE THE CATCH LIMIT FOR FLOUNDER; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO INCREASE THE REQUIRED SIZE LIMIT FOR FLOUNDER.
Rep. RHOAD explained the Bill.
H. 4383 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
Rep. SINCLAIR explained the Bill.
Rep. DUNCAN moved to adjourn debate upon the following Bill, which was adopted:
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
Rep. E. H. PITTS moved to adjourn debate upon the following Bill, which was adopted:
S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
The following Bill was taken up:
H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M. A. Pitts, Sandifer, Scarborough, F. N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
Rep. LOFTIS explained the Bill.
Rep. CEIPS proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18414MM06), which was adopted:
Amend the bill, as and if amended, Section 16-17-525, as found in SECTION 1, by adding an appropriately numbered subsection to read:
/ ( ) It is unlawful for a person to undertake an activity at a public or privately owned cemetery, other than the decorous participation in a funeral service or visitation of a burial space, without the prior written approval of the public or private owner. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. /
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
"Section 59-29-440. There is established the South Carolina Financial Literacy Initiative, a comprehensive, results-oriented program for improving financial literacy by providing public and private funds for teachers and schools to provide high-quality financial literacy education for students in kindergarten through twelfth grade.
Section 59-29-450. The purpose of the Financial Literacy Initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve the financial literacy needs of students, teachers, and schools. The South Carolina Financial Literacy Board of Trustees shall assure that collaboration and the sharing and maximizing of resources are occurring before funding for the grants, as provided for in this chapter, is made available.
Section 59-29-460. The goals for the South Carolina Financial Literacy Initiative are to:
(1) provide students in kindergarten through twelfth grade with tools they will need in the real world to manage their finances;
(2) increase comprehensive services so students have reduced risk for financial failure after high school; and
(3) promote high quality programs that provide instruction on pertinent financial literacy issues pursuant to Section 59-29-410.
Section 59-29-470. (A) There is established the South Carolina Financial Literacy Board of Trustees, an eleemosynary corporation, which shall oversee the South Carolina Financial Literacy Initiative, a broad range of innovative financial literacy services to meet critical needs of South Carolina's students in kindergarten through twelfth grade through the awarding of grants to school districts as provided for in Section 59-29-520.
(B) The board may accept gifts, bequests, and grants from a person or foundation. The trust and grants from the trust shall
Section 59-29-480. (A) The South Carolina Financial Literacy Board of Trustees must be chaired by the State Superintendent of Education who shall serve as an ex officio voting member of the board. The board is composed of the eight voting members to be appointed by the Superintendent of Education. Initial appointments must be made by the Superintendent of Education with members representing areas of financial literacy instruction. Subsequent appointments must be made by the Superintendent of Education from a slate presented by the sitting members of the board.
(B) The terms of the members are for four years and until their successors are appointed and qualify, except of those first appointed. When making the initial appointments, the Superintendent of Education shall designate half of his appointments to serve two-year terms only.
(C) Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced in the same manner as their predecessor. Members serve without compensation and may not be paid per diem, mileage, or subsistence. A complete report of the activities of the Financial Literacy Board of Trustees must be made annually to the General Assembly and the State Auditor.
Section 59-29-490. To carry out its assigned functions, the board is authorized, but not limited to:
(1) develop a comprehensive long-range initiative for improving the financial literacy of students in kindergarten through twelfth grade;
(2) provide oversight on the implementation of the South Carolina Financial Literacy Initiative at the state and school district levels;
(3) establish criteria and procedures for awarding grants from the Financial Literacy Trust;
(4) create an annual revision of school district needs assessments and identify assets from other funding sources;
(5) assess and develop recommendations for increasing the efficiency and effectiveness of financial literacy programs and funding and other programs and funding sources, as allowable, as necessary to carry out the Financial Literacy Initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(6) establish results-oriented measures and objectives and assess whether services provided are meeting the goals and achieving the results established for the Financial Literacy Initiative;
(7) receive gifts, bequests, and devises for deposit in the Financial Literacy Trust; and
(8) report annually to the General Assembly by January first on activities and progress to include recommendations for changes and legislative initiatives and results of program evaluations.
Section 59-29-500. (A) A separate fund must be established to accept nongovernmental grants, gifts, and donations from a public or private source for the South Carolina Financial Literacy Trust. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in the Financial Literacy Trust in the same manner as other funds under his control are invested and all interest derived from the investment of these funds shall remain in the trust. The South Carolina Financial Literacy Board of Trustees shall administer and authorize any disbursements from the trust. Private individuals and groups must be encouraged to contribute to this endeavor.
(B) In addition, a separate fund within the state general fund must be established for monies that may be appropriated by the General Assembly for the South Carolina Financial Literacy Trust. These funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in the Financial Literacy Trust in the same manner as other funds under his control are invested. The South Carolina Financial Literacy Board of Trustees shall administer and authorize any disbursements from the trust.
(C) All interest derived from the investment of the funds in subsections (A) and (B) shall remain a part of each respective trust.
Section 59-29-510. Within the Department of Education an Office of South Carolina Financial Literacy must be established. The office shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) provide technical assistance and recommendations regarding grant proposals and improvement in meeting goals;
(3) recommend to the board the applicants meeting the criteria for Financial Literacy Grants to be awarded;
(4) submit an annual report to the board by December first, which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of the Financial Literacy Initiative, the ongoing progress and results of the Financial Literacy Initiative, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement the South Carolina Financial Literacy Initiative;
(5) provide for on-going data collection and contract for an in-depth performance audit due January 1, 2010, and every three years thereafter, to ensure that statewide goals and requirements of the Financial Literacy Initiative are being met; and
(6) coordinate the Financial Literacy Initiative with all other state, federal, and local public and private efforts to promote and improve financial literacy.
Section 59-29-520. (A) To obtain a grant, a school district shall submit an application to the Financial Literacy Office in a format specified by the Financial Literacy Board of Trustees. The application shall include, as appropriate to the level of grant applied for, the level of funding requested, a description of needs of the school, assets and resources available, and the proposed strategies to address needs as they relate to the goals of the Financial Literacy Initiative.
(B) The allocations for the grants must take into consideration the quality of the grant proposal; the percentage of students who are eligible for the free and reduced price lunch program; and average per capita income. The criteria also must take into account the standing of the geographical area in relation to the statewide Kids Count indicators.
Section 59-29-530. Grants provided to school districts must be used to address the financial literacy needs of students in kindergarten through twelfth grade. Grant funds may not supplant current expenditures by counties or state agencies for financial literacy, and may not be used where other state or federal funding sources are available or could be made available. In awarding grants, every effort must be made to ensure that all geographic areas of the State are represented.
Section 59-29-540. To ensure effective use of funds and with the approval of the Financial Literacy Office, awards may be carried forward and used in the following fiscal year. Funds appropriated to the
Section 59-29-550. (A) Schools shall demonstrate to the Financial Literacy Office the accountability of funds distributed pursuant to this chapter.
(B) Disbursements may be made only on the written authorization of the individual designated by the school district and only for the purposes specified. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned for six months, or both.
(C) The offenses of misuse, misappropriation, and embezzlement of public funds, apply to this chapter.
Section 59-29-560. (A) The Financial Literacy Board of Trustees shall establish internal evaluation policies and procedures for an annual review of the implementation of strategies and progress toward the interim goals and benchmarks. In instances where no progress has been made, the Financial Literacy Board shall provide targeted assistance or the board may terminate the grant. In addition, a program evaluation of the Financial Literacy Initiatives at the state and local levels must be conducted every three years by an independent, external evaluator under contract with the Financial Literacy Board of Trustees. However, the selected evaluator must be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the Financial Literacy Board, one appointed by the Chairman of the Senate Education Committee, and one appointed by the Chairman of the House Education and Public Works Committee. These committee members must be professionally recognized as proficient in accounting, finance, banking, tax, insurance, or a closely related field. The first report must be provided no later than January 1, 2010.
(B) Grantees shall agree to participate in an evaluation in order to receive a Financial Literacy Grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting goals or implementing strategies as agreed to in the grant, the grant must be terminated.
(C) The purpose of the evaluation is to assess progress toward achieving the Financial Literacy goals and to determine the impact of the initiative on students at the state and local levels. The impact assessment shall include, but is not limited to, end of course evaluations and projects. During the course of the evaluation, if an evaluator determines that a state agency has failed to comply with the
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, K-12 public education for use in the manner the General Assembly provides by law, or South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or the Financial Literacy Trust Fund as established pursuant to Section 59-29-500, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
SECTION 4. Sections 59-29-420 and 59-29-425 of the 1976 Code are repealed.
SECTION 5. It is the intent of the General Assembly that state agencies involved in financial matters shall actively support the South Carolina Financial Literacy Initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the Financial Literacy Initiative reflected in Section 59-29-460 and the long-term plans of the initiative and to assure that relevant planning documents or processes are consistent with, and supportive of financial literacy.
Rep. SKELTON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE
Reps. LOFTIS, HAYES, G. R. SMITH, OWENS, RICE, HIOTT, SKELTON, HAMILTON, LUCAS, SINCLAIR, MILLER, J. H. NEAL and WEEKS requested debate on the Bill.
The following Bill was taken up:
H. 4382 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A COUNTY DEPARTMENT OF SOCIAL SERVICES IN EACH COUNTY AND THE CREATION AND COMPOSITION OF AN ADVISORY BOARD FOR EACH COUNTY DEPARTMENT, SO AS TO ABOLISH THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES; AND TO REPEAL SECTIONS 43-3-20, 43-3-30, AND 43-3-40, ALL RELATING TO THE RIGHTS, DUTIES, AND RESPONSIBILITIES OF THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES.
Reps. OTT, HAYES, J. E. SMITH, RHOAD, VICK, SINCLAIR, WEEKS and JEFFERSON requested debate on the Bill.
The following Bill was taken up:
H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7361AHB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-340. An entity offering the resale of tickets, whether offered by the entity or a third party through the entity, who violates the provisions of Section 16-17-710(C) or (D) is subject to a ten-thousand-dollar civil fine for each violation. The entity also is subject to the payment of treble damages, attorneys' fees, and costs associated with an action by a person who purchases a fraudulent ticket."
SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1)(A) It shall be Except as provided in subsection (C), it is unlawful to sell or offer for sale any a ticket good for admission to any an athletic contest, sporting, entertainment, or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller.
(2)(B) Any A person violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or must be imprisoned for not more than thirty days. The sale or offer for sale of each ticket shall constitute constitutes a separate offense.
(C) The provisions of this section do not apply to the sale or offer for sale of a ticket to an athletic contest, sporting, entertainment, or
(D) If the operator of the venue authorizes the resale of tickets, the operator may impose a service charge of no more than twenty percent of the resale price plus reimbursement for taxes remitted in connection with the resale. The operator also may charge a delivery fee if delivery services are provided.
(E) The provisions of this section do not prohibit fees associated with the initial sale or delivery of a ticket."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6856CM06), which was adopted:
Amend the bill, as and if amended, Section 23-50-45(B) as contained in SECTION 1, pages 5 and 6, by deleting lines 40 through 43 on page 5 and lines 1 through 5 on page 6, and inserting:
/ (B) (1) In a criminal proceeding, the State or another prosecuting authority must provide the defendant with written notification of whether information obtained via crimestoppers was used in the investigation, indictment, or arrest of the defendant and, if so, how that information was used. The identity of the informant or the precise information must not be disclosed in this notice to the defendant.
(2) After receipt of the written notice pursuant to subsection (B)(1), the defendant may seek release of the protected information or privileged communication by motion to the court of general sessions having jurisdiction. For criminal matters pending in magistrate and municipal courts, the request must be made to the court of general sessions for the circuit in which the magistrate or municipal court is located. The defendant must allege that the protected information or privileged communication contains evidence that is exculpatory to the defendant in the trial of the offense.
(3) If a motion is filed pursuant to this subsection, a hearing must be held pursuant to subsection (D) not later than thirty days before the date the trial is held. /
When amended Section 23-50-45 shall read:
/ Section 23-50-45. (A) Except as otherwise provided by this section, evidence of privileged communications, protected information, and protected identities is not admissible in a court proceeding.
(B) (1) In a criminal proceeding, the State or another prosecuting authority must provide the defendant with written notification of whether information obtained via crimestoppers was used in the investigation, indictment, or arrest of the defendant and, if so, how that information was used. The identity of the informant or the precise information must not be disclosed in this notice to the defendant.
(2) After receipt of the written notice pursuant to subsection (B)(1), the defendant may seek release of the protected information or privileged communication by motion to the court of general sessions having jurisdiction. For criminal matters pending in magistrate and municipal courts, the request must be made to the court of general sessions for the circuit in which the magistrate or municipal court is located. The defendant must allege that the protected information or privileged communication contains evidence that is exculpatory to the defendant in the trial of the offense.
(3) If a motion is filed pursuant to this subsection, a hearing must be held pursuant to subsection (D) not later than thirty days before the date the trial is held.
(C) In a civil matter pending in the court of common pleas, the plaintiff may seek release of the protected information or privileged communication by motion to the court of common pleas having jurisdiction. Protected information and privileged communications may not be released for matters pending in any civil courts other than the court of common pleas. The plaintiff must allege that denying access to
(1) was charged with or convicted of a criminal offense based at least partially on the privileged communication or the protected information and the charges were dismissed, the plaintiff was acquitted, or the conviction was overturned, as applicable; and
(2) sets forth a prima facie case that the plaintiff's claim is based on injuries from the criminal charge or conviction caused by the wrongful acts of another performed in connection with the protected information or privileged communication.
(D) When a request is made for the release of protected information or a privileged communication:
(1) the court may issue an order requiring the privileged communication or protected information to be turned over to the court. The court shall conduct an in camera inspection of materials provided to determine whether the materials contain:
(a) evidence that is exculpatory to the defendant; or
(b) information necessary to a plaintiff.
(2) if the court determines that the materials produced contain evidence that is exculpatory to the defendant or necessary to a plaintiff, the court shall issue an order finding that the materials disclosed represent the evidence the requesting party is entitled to receive;
(3) the court will provide the evidence to the parties in a form that does not disclose a protected identity, unless the state or federal constitution requires the disclosure of that protected identity. The court may issue such additional protective orders as it deems appropriate;
(4) the court shall return to the council or crimestoppers organization the materials that are produced but not disclosed. The council or crimestoppers organization shall store the materials at least until the first anniversary of the following appropriate date:
(a) the date of expiration of the time for all direct appeals in a criminal case; or
(b) the date a plaintiff's right to appeal in a civil case is exhausted.
(E) Nothing contained in this section creates a duty for a crimestoppers organization or the council to maintain records in a form that identifies a privileged identity. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4681 (Word version) -- Reps. M. A. Pitts, Duncan, Umphlett, Hosey, Bailey, Ceips, Leach, Phillips, Mahaffey, Haley, Huggins, Ballentine, E. H. Pitts, G. R. Smith, Toole, Cotty, Delleney and Vick: A BILL TO AMEND SECTION 23-31-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF FIREARMS BY LOCAL GOVERNMENTS, SO AS TO DELETE THE PROVISION THAT PREVENTS A LOCAL GOVERNMENT FROM REGULATING THE USE, SALE, TRANSPORTATION, OR PUBLIC BRANDISHMENT OF FIREARMS DURING THE TIMES OF A DEMONSTRATED POTENTIAL FOR INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO RESTRICT THE RELEASE OF A LIST OF ALL PERMIT HOLDERS OR VERIFY AN INDIVIDUAL'S PERMIT STATUS BY SLED TO INSTANCES WHEN A REQUEST FOR THIS INFORMATION IS TO AID IN AN OFFICIAL LAW ENFORCEMENT INVESTIGATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6855CM06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 as contained on page 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. DELLENEY and M. A. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7374AHB06), which was adopted:
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Rep. M. A. PITTS proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\12480AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 23-31-215(I) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must may release the list of permit holders or verify an individual's permit status only if the request is to aid in an official law enforcement investigation. SLED may charge a fee not to exceed its costs in releasing the information under this subsection." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. M. A. PITTS demanded the yeas and nays which were taken, resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Breeland G. Brown J. Brown Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrison Harvin Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Weeks White Witherspoon Young
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber during the vote on H. 4681. Had I been present, I would have voted in favor of passage of the Bill.
Rep. William R. Whitmire
Rep. HARRISON moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3753AC06), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-4-570(C), beginning on page 4, line 23, and inserting:
/ (C)(1) Any in-state or out-of-state health care provider appointed by DHEC pursuant to this section is immune from civil liability for damages resulting from medical care or treatment including, but not limited to, trauma care and triage assessment, related to the emergency response, so long as the actions taken in rendering the care or treatment meet applicable standards of care and do not constitute gross negligence, recklessness, wilfulness, or wantonness.
(2) This subsection applies whether or not the health care provider receives financial gain from the State for the volunteer services, and even if the health care provider receives compensation benefits from the health care provider's employer; regardless of whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from any source including, but not limited to, Medicaid, Medicare,
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(D) Any person appointed pursuant to this section who in good faith performs the assigned duties is not liable for any civil damages for any personal injury as the result of any act or omission, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.
(3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment so long as their actions taken in rendering the services meet applicable standards of care and do not constitute gross negligence, recklessness, wilfulness, or wantonness. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. H. NEAL 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. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 5047 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1956 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5048 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO WELCOME INTO THE WORLD KATE PATRICK THROWER, DAUGHTER OF KEITH AND HELEN ANN THROWER OF COLUMBIA, WHO WILL SOON CELEBRATE HER FIRST BIRTHDAY, AND TO WISH HER GOOD HEALTH, IMMENSE HAPPINESS, AND EVERY SUCCESS IN THE WORLD AS SHE EMBARKS ON HER LIFE JOURNEY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
On motion of Rep. BOWERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted:
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
Rep. HOSEY moved to adjourn debate upon the following Bill, which was adopted:
S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS
The following Bill was taken up:
H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12448AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 9, Chapter 3, Title 1 of the 1976 Code is amended by adding:
"Section 1-3-630. (A) There is created in the Office of the Lieutenant Governor the Division on Affordable Housing. The Lieutenant Governor shall appoint a division director who shall serve at his discretion. The division must be supported by an Advisory Commission on Affordable Housing consisting of a member of the Governor's staff, the Chairmen of the Senate General Committee and the House Medical, Military, Public and Municipal Affairs Committee, or their designees, and a representative from each of the following entities:
(1) the South Carolina Housing and Finance Authority;
(2) the United States Housing and Urban Development State Office;
(3) the South Carolina Department of Commerce;
(4) the South Carolina Housing Authority Executive Director Association;
(5) the United States Department of Agriculture Rural Development South Carolina State Office;
(6) the South Carolina Human Affairs Commission;
(7) the Municipal Association of South Carolina;
(8) the South Carolina Homebuilders Association;
(9) the Affordable Housing Coalition of South Carolina;
(10) the Manufactured Housing Institute of South Carolina;
(11) the South Carolina Association of Realtors; and
(12) other members who may be appointed by the members of the Advisory Commission on Affordable Housing.
(B) The Chairman of the Advisory Commission on Affordable Housing must be elected by the members of the advisory commission from its members for a term of two years and until a successor is elected. Members of the commission shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The United States Housing and Urban Development State Office and the United States Department of Agriculture Rural Development South Carolina State Office representatives are ex officio nonvoting members. The advisory commission shall meet at least once each quarter and special meetings may be called at the discretion of the chairman of the advisory commission. Rules and procedures must be adopted by the advisory commission for the governance of its operations and activities.
(C) A member of the Advisory Commission on Affordable Housing selected pursuant to subsection (A)(9) shall serve for a term of two years and may be reappointed for successive terms.
(D) The Advisory Commission on Affordable Housing:
(1) shall advise the director of the Division on Affordable Housing on the administration of the work activities of the advisory commission; and
(2) may appoint task forces to carry out its work. Task force members shall have knowledge of, responsibility for, or an interest in an area related to the duties of the advisory commission.
(E) The Director of the Division on Affordable Housing shall:
(1) facilitate the meeting of the advisory commission for the purpose of identifying and establishing strategies as a response to the need for low income affordable housing;
(2) cause the development of a statewide strategy to educate South Carolinians on the issues related to affordable housing;
(3) develop a uniform system of reporting and collecting statistical data related to affordable housing issues in South Carolina; and
(4) cause the development of an assessment of current housing programs and gather information on best practice models for the advisory commission's consideration.
(F) The advisory commission may utilize both private and public funding in addition to funds appropriated by the General Assembly.
(G) The director shall file a quarterly report of the division's and advisory commission's activities and recommendations to the
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Rep. COOPER explained the Bill.
H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT
Rep. LUCAS explained the Bill.
H. 4951 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE-THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Rep. LUCAS explained the Bill.
H. 4882 (Word version) -- Reps. Cooper, Edge, Leach, Ott, Simrill, J. H. Neal, Kennedy, J. R. Smith, Anthony, Bannister, Battle, Breeland, G. Brown, J. Brown, Cato, Clemmons, Duncan, Hamilton, Haskins, Hinson, Hiott, Hodges, Jefferson, Jennings, Kirsh, Littlejohn, Lucas, Mahaffey, Owens, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Skelton, G. R. Smith, J. E. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, Walker, Weeks, Brady, Harrison, Perry, Young, Cobb-Hunter, Neilson, Cotty, White, Bales, Clyburn, Parks, Rhoad, Mitchell, R. Brown, Howard, Haley, Ballentine, Chalk and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT
Rep. LUCAS explained the Bill.
H. 4504 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR.
Rep. LUCAS explained the Bill.
H. 4426 (Word version) -- Reps. Thompson and Martin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR AS A RELIGIOUS, CHARITABLE, A ELEEMOSYNARY, EDUCATIONAL, OR LITERACY ORGANIZATION LEASES
Rep. COTTY explained the Bill.
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. COTTY explained the Bill.
The following Bill was taken up:
H. 4366 (Word version) -- Reps. Cooper, Cotty, Battle, Ceips, G. R. Smith, M. A. Pitts, Branham, Delleney, Davenport, McLeod, J. Brown, Phillips, Ballentine, Rhoad, Umphlett, Kirsh, Bailey, White, Miller, Jefferson, Townsend, Emory, Clark, Haley, Lucas, Littlejohn, Sandifer, J. R. Smith, Altman, Cobb-Hunter, Mahaffey, Vick, Agnew, J. M. Neal, Funderburk, Brady, Thompson and Hodges: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2006 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21128SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subsubitem (b) (Clemson University), subitem A, item (f), Section 3, Act 1377 of 1968, as added by Section 2, Act 28 of 1999, is further amended to read:
"(b) Clemson University
Long Hall 4,000,000 523,678
Littlejohn Coliseum 9,000,000"
SECTION 2. Subsubitem (b) (Clemson), subitem (3), item (f), Section 3, Act 1377 of 1968, as added by Section 1, Part II, Act 1 of 2001, is further amended to read:
"(b) Clemson
Civil Engineering/Textiles Building 6,000,000 1,423,807
Fike Wellness Center 2,000,000"
SECTION 3. Item (f), Section 3, Act 1377 of 1968, as last amended by Act 5 of 2003, is further amended by adding:
"Clemson University
Rhodes Engineering Research Center addition 8,052,515"
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18334MM06):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Industry Partners Act".
SECTION 2. Chapter 17, Title 13 of the 1976 Code is amended by adding:
"Section 13-17-88. (A) There is established within each of the three South Carolina Research Innovation Centers (SCRIC) established in Section 13-17-87 a target program of excellence reflecting the basic research currently undertaken at each center and serving as the focal point of the state's applied research and development in each of the program areas of excellence:
(1) The Upstate Innovation Center associated with Clemson University: Automotive Center of Excellence, an automotive technology development program, in collaboration with the University and International Center for Automotive Research (ICAR);
(2) The Charleston Innovation Center associated with the Medical University of South Carolina: Health Sciences Center of Excellence, a health science technology development program;
(3) The Columbia Innovation Center associated with the University of South Carolina: Fuel Cell Center of Excellence, a fuel cell and hydrogen technology program, in collaboration with Savannah River National Lab (SRNL); and
(4) Other programs necessary or appropriate to fulfill the purposes of this section.
(B) The South Carolina Research Authority (SCRA), through the SCRIC, may implement and manage the specified programs and other programs as the SCRA determines in collaboration with the public and private sectors. Additional programs also shall focus on fields in which the State has demonstrated existing or emerging excellence. Program activities are not required to be performed at a particular location. Programs to be conducted pursuant to this section must be approved by the SCRA Executive Committee.
(C) Each target program must coordinate with basic researchers, both inside and outside this State, and with industry so as to focus on and effect applied research, product development, and commercialization efforts in this State in the targeted field of excellence.
(D) A target program of excellence as provided in Section (A) may undertake the following:
(1) incubation needs for start-ups and spin-offs in the program area;
(2) demonstration projects and related teams charged with conceptualizing, attracting, and executing technology in the program area;
(3) working with industry partners to develop collaborative relationships with national and international trade groups, government agencies, research labs, and other universities;
(4) financing for industry partners conducting activities in furtherance of the program area;
(5) financing for prototype development, clinical trials, and other program related preproduction projects;
(6) support for university researchers to work with industry partners on applied research and commercialization in the program area;
(7) marketing activities including, but not limited to:
(a) building national and international recognition of the program;
(b) recruiting industries and scientific and entrepreneurial talent to the program;
(c) building public awareness;
(d) supporting South Carolina based trade shows in South Carolina that attract national and international audiences;
(8) other activities necessary or appropriate in relation to the programs.
(E) There is established the 'Industry Partnership Fund' at the SCRA or at an SCRA-designated affiliate, or both, for the acceptance of contributions for funding the programs. Financing methods pursuant to this section and Section 13-17-87 include grants, loans, investments, and other incentives. The SCRA may, but is not required to, provide additional funding for the programs. Program funding is authorized for the purposes of this section and related administrative costs. A contributor is eligible for a tax credit against the state income or premium tax or license fee, as provided in Section 12-6-3585.
(F) The South Carolina Research Authority (SCRA) may implement the provisions of this section and Section 13-17-87, pursuant to Section 13-17-180.
(G) The SCRA must consult with Clemson University, the Medical University of South Carolina, or the University of South Carolina in the conduct of a program if the program is conducted by an innovation center associated with that research university.
(H) The SCRA shall submit an annual report to the General Assembly on the programs established pursuant to this section."
SECTION 3. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3585. (A) A taxpayer may claim as a credit against his state income tax imposed by Chapter 6 of Title 12, license fees imposed by Chapter 20 of Title 12, or insurance premiums imposed by Chapter 7 of Title 38, or any combination of them, one hundred percent of an amount contributed to the Industry Partnership Fund at the South Carolina Research Authority, or an SCRA-designated affiliate, or both, pursuant to Section 13-17-88(E), up to a maximum credit of two million dollars, not to exceed an aggregate credit of six million dollars for all taxpayers in its first fiscal year of existence. A limitation on the aggregate amount of tax credits for all taxpayers must be established annually by the General Assembly in its annual general appropriations bill. If an annual aggregate amount
(B) The amount of the credit is equal to one hundred percent of the amount of the taxpayer's qualified contributions to the Industry Partnership Fund, subject to the limitations in this section. The credit is nonrefundable.
(C) The use of the credit is limited to the taxpayer's applicable income or premium tax or license fee liability for the tax year of the taxpayer after the application of all other credits. An unused credit may be carried forward ten tax years of the taxpayer after the end of the tax year of the taxpayer during which the qualified contribution was made.
(D) A contribution is not a qualified contribution if it is subject to conditions or limitations regarding the use of the contribution.
(E) 'Taxpayer' means an individual, corporation, partnership, trust, bank, insurance company, or other entity having a state income or insurance premium tax or license fee liability who has made a qualified contribution.
(F) To claim the credit, the taxpayer shall attach to the return a copy of a form provided by SCRA identifying the taxpayer's qualified contribution.
(G) The Department of Revenue may require information and submissions by taxpayer as it considers appropriate in relation to a taxpayer's claim of entitlement to the credit.
(H) The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation, but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation or partnership may assign its rights to its unused credit to another corporation or partnership if it transfers all, or substantially all, of the
(I) A taxpayer who claims the credit may not take a deduction in relation to the qualified contribution which gives rise to such credit.
B. This section applies to taxable years beginning on or after January 1, 2006."
SECTION 4. Section 13-17-40 of the 1976 Code, as last amended by Act 133 of 2005, is further amended to read:
"Section 13-17-40. (A)(1) The SCRA shall consist of a board of twenty-three twenty-four trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical University of South Carolina, President of South Carolina State College, President of the University of South Carolina, Director of Savannah River National Laboratory, President of Francis Marion University, Chairman of the State Board for Technical and Comprehensive Education, Governor of South Carolina or his designee, Chairman of the House Ways and Means Committee's designee, Chairman of the Senate Finance Committee's designee, and the Secretary of Commerce or his designee.
(2) The Governor shall name the chairman who must not be a public official and who shall serve serves at the pleasure of the Governor. The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the board on January 1, 2005. Each of the Congressional Districts of South Carolina shall have has at least one of the ten trustees.
(3) Terms of elected trustees are for four years, and half shall expire every two years. No An elected trustee shall may not serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment. A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any a trustee.
(B)(1) The President of Clemson University, President of the Medical University of South Carolina, President of the University of South Carolina at Columbia, the Governor or his designee, the Chairman of the House Ways and Means Committee's designee, the
(2) The executive committee shall appoint a business and science advisory board to include representatives from each research university, the venture capital industry, relevant industry leaders, and the Department of Commerce. The purpose of the advisory board is to advise the board of trustees when requested by it. The advisory board shall ensure that the authority has the input of the research and business communities in implementing its programs and services.
(C) A trustee may not receive a salary for his services as a trustee; however, all a trustee must be reimbursed for actual expenses incurred in service to the authority.
(D) The board annually shall submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority.
(E) The board shall hire an executive director of the SCRA who shall have direct has administrative responsibility for the SCRD and the SCRIC SCRA. The executive director shall maintain, through a designated agent, accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The executive director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.
(F) Regular meetings of the board of trustees must be held at a time and place the chairman may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given."
SECTION 5. Section 13-17-83 of the 1976 Code, as added by Act 133 of 2005, is amended to read:
"Section 13-17-83. The SCRD shall South Carolina Research Division (SCRD) may operate existing research parks in cooperation with Clemson University, the Medical University of South Carolina,
"(B) The SCRIC shall operate in conjunction with the three research universities in South Carolina. One innovation center must be located in each of the following areas:; except that an innovation center and its activities are not otherwise required to be at a particular location:
(1) Charleston, to be associated with the Medical University of South Carolina;
(2) Columbia, to be associated with the University of South Carolina; and
(3) The Upstate, to be associated with Clemson University.
(C) Each of the three innovation centers may have a center director appointed or removed by the executive director with the advice and consent of the president of the research university associated with the respective center. Staff for innovation centers should encompass a variety of specialty areas, which may include market research, intellectual property protection, finance, management and business practices, relevant science and technology, industry research partner recruitment, and other specific skills as required to advise and assist start-up companies, pre-company initiatives, or launch new products. Consulting services may be obtained for specialized needs not otherwise met by existing staff personnel.
(F) The SCRIC may:
(1) admit qualified companies including, but not limited to, start-up companies, new product initiatives, and pre-company initiatives into a center and grant these companies up to two hundred thousand dollars each as well as physical and staff resources;
(2) solicit grants and other financial support from federal, local, and private sources and fees, royalties, and other resources from innovation center users, which ultimately should enable the innovation centers to become self sufficient;
(3) allow a company to remain in an innovation center for up to four years or until exceeding one million dollars in annual commercial revenue; and
(4) allow rent and fees for services initially to be waived.; and
(5) provide financing to qualified companies."
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
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:
H. 4966 (Word version) -- Reps. Hinson, Merrill, Hodges, Jefferson, Thompson, McGee, Bailey, Cooper, Dantzler, Hagood, Harrell, Limehouse, Scarborough, J. R. Smith and Umphlett: A BILL TO AMEND SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TAX REBATES TO MOTION PICTURE PRODUCTION COMPANIES DOING BUSINESS IN SOUTH CAROLINA, SO AS TO INCREASE THE MAXIMUM PERCENTAGES OF THE TAX REBATES FROM FIFTEEN TO THIRTY PERCENT AND TO PROVIDE FOR PRE-EXISTING REBATE APPROVALS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18367MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 62 of Title 12 of the 1976 Code is amended to read:
"Section 12-62-10. This chapter may be cited as the "South Carolina Motion Picture Incentive Act".
Section 12-62-20. For purposes of this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce, including the South Carolina Film Commission and the Coordinating Council for Economic Development.
(3) 'Live sporting event' means a scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. The term does not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production in which sporting events are presented through archived historical footage or similar footage depicting earlier live sporting events that originated more than thirty days before the time of such usage.
(3) (4) 'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term motion picture does not include the production of television coverage of news and athletic live sporting events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program. For purposes of this definition, in the case of an episodic television series, an entire season of episodes is one production. The credit is computed based on all of the motion picture production company's qualifying expenses incurred with respect to the production.
(4) (5) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. Motion picture production company does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on taxes owed or a loan made by the State, or any of its political subdivisions, or a loan guaranteed by the State or any of its political subdivisions.
(5) (6) 'Payroll' means salary, wages, or other compensation subject to South Carolina income tax withholdings.
(6) (7) 'Secretary' means the Secretary of the Department of Commerce or his designee.
SECTION 12-62-30. A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state and local sales and use taxes administered and collected by the Department of Revenue on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic live sporting events is specifically excluded from the provisions of this chapter.
SECTION 12-62-40. (A) A motion picture production company that intends to film all or parts of a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the secretary.
(3) Once the application is approved by the secretary, the Department of Revenue shall issue a sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary.
(D) A motion picture production company that is approved and receives a sales and use tax exemption certificate but fails to expend two hundred fifty thousand dollars in South Carolina within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture in South Carolina.
SECTION 12-62-50. (A)(1) The South Carolina Film Commission department may rebate to a motion picture production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture or pictures. The rebate may not exceed fifteen thirty percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebates issued to all motion picture production companies in total may not annually exceed ten million dollars and shall come from the state's general fund. For purposes of this section, total aggregate payroll does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(2)(a) For purposes of this section, an employee is an individual directly involved in the filming physical production or post-production of a motion picture in South Carolina and who is an employee of a:
(i) motion picture production company that is directly involved in the filming physical production or post-production of a motion picture in South Carolina; or (ii) personal service corporation retained by a motion picture production company to provide persons used directly in the filming physical production or post-production of a motion picture in South Carolina; or (iii) payroll services or loan out company that is
(b) For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding withheld and remitted to the Department of Revenue by a company described in Item (2)(a).
(3) The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming physical production in South Carolina, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue department, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company.
(B)(1) The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming physical production or post-production activity in South Carolina in connection with the motion picture, whichever is later. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming physical production or post-production activity in South Carolina is complete. The motion picture production company must provide the information the department considers necessary to determine if the one million dollar expenditure requirement has been met.
(2) A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes or loans due and owing the State or any of its political subdivisions at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State
(3) The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(C) A motion picture production company claiming a rebate pursuant to this section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production company claiming the rebate, at the time of filing, must provide a report to both the commission and the department that includes the project's name, the name of each employee that worked on the motion picture, the social security number for each employee, the dates employed, the dates number of days the employee worked on the motion picture, a job description for each employee, the total gross wages for each employee, the South Carolina taxable wages subject to withholding for each employee, the amount of rebate attributable to that employee, and other information considered necessary by the commission or the department. The report also must contain the total amount of withholding attributable to all employees that worked on the motion picture in South Carolina.
(D) For purposes of this section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department and the Department of Revenue may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.
SECTION 12-62-55. At the time the motion picture production company is certified by the department, it may make, with the approval of the coordinating council department, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 or 12-62-60 to a designated trustee. For purposes of this chapter, designated trustee means the single financier or financial institution designated by the council motion picture production company to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by
SECTION 12-62-60. (A)(1) An amount equal to twenty-six percent of the general fund portion of admissions tax collected by the State of South Carolina for the previous fiscal year must be funded annually by September first to the department for the exclusive use of the South Carolina Film Commission. The department may rebate to a motion picture production company up to fifteen thirty percent of the expenditures made by the motion picture production company in the State if the motion picture production company has a minimum in-state expenditure in the aggregate of at least of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by the State. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(2) This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(B) Up to seven percent of the amount provided to the department in subsection (A) may be used exclusively for marketing and special events.
(C) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development department. The Coordinating Council for Economic Development department may adopt rules and promulgate regulations for the application for and award of the rebate.
(D) One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall may adopt rules and promulgate regulations necessary to administer this section. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(E) The department shall report annually to the coordinating council on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.
SECTION 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal within three business days that determination of underutilization to the Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture. A property may be used for a total of only twenty-one thirty days without location or facility fees in a calendar year. The qualifying motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the qualifying motion picture production company. State-owned or political subdivision-owned properties also may recoup a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the qualifying motion picture production company to real or personal property of the state agency or political subdivision. The qualifying motion picture production company shall reimburse all costs, at the property's normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the
SECTION 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment and development of motion pictures and the motion picture industry in furtherance of the purposes of this chapter.
SECTION 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act, except that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.
SECTION 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
SECTION 2. A motion picture production company that has been approved for a rebate at the maximum percentage of fifteen percent pursuant to the previous provisions of Sections 12-62-50(A)(1) and 12-62-60(A)(1) may reapply for the rebate at the maximum percentage of thirty percent if the approved project is still in production in South Carolina upon the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 3034 (Word version) -- Reps. Cobb-Hunter, Vaughn, E. H. Pitts, Clyburn, Whipper, Hagood and Hodges: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF THE INTERSECTION OF INTERSTATE HIGHWAYS 95 AND 26 AND TO REPORT ITS
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21129SD06), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, by striking /2006/ on line 25 and inserting /2007/.
When amended SECTION 1 shall read:
SECTION 1. The Department of Commerce is directed to study the viability of establishing an inland intermodal port in the vicinity of the intersection of Interstate Highways 95 and 26 and to submit a written report of its findings and recommendations to the General Assembly on January 10, 2007.
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3718 (Word version) -- Reps. Huggins, Frye, Clark, Haley, Ballentine, Bingham, Toole and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO DELETE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW AND VERY LOW INCOME RESIDENTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21092SD06), which was adopted:
"(e) All property of nonprofit housing corporations or solely-owned nonprofit instrumentalities of these corporations which is devoted to providing housing to low or very low income residents. A nonprofit housing corporation must satisfy the safe harbor provisions of Revenue Procedure 96-32 issued by the Internal Revenue Service to qualify for this exemption.
SECTION 2. The provisions of Section 1 of this act apply for calendar years beginning after December 31, 2005.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.
Rep. COTTY explained the Bill.
Rep. DUNCAN made the Point of Order that the Bill was improperly before the House for consideration since its number and
The following Joint Resolution was taken up:
H. 4661 (Word version) -- Reps. Harrell, Cooper, Clark, Frye, Haley, Harrison, Herbkersman, Hosey, Kirsh, Merrill, J. R. Smith, Vick, Anderson, Anthony, Bailey, Battle, Brady, Breeland, G. Brown, J. Brown, Ceips, Chalk, Clyburn, Dantzler, Davenport, Funderburk, Hagood, Hardwick, Hinson, Hodges, Jefferson, Littlejohn, Loftis, Lucas, McCraw, McGee, Miller, Norman, Ott, Parks, Perry, Phillips, M. A. Pitts, Rice, Sandifer, J. E. Smith, W. D. Smith, Talley, Taylor, White, Witherspoon, Young and Mitchell: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ALL EARMARKED AND RESTRICTED ACCOUNTS OF THE STATE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR ITS DISSOLUTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7362AHB06):
Amend the joint resolution, as and if amended, by inserting a penultimate SECTION appropriately numbered to read:
/ SECTION __. Pending the filing of the report and recommendations required pursuant to Section 1 of this joint resolution, the following Statewide Accounting and Reporting System (STARS) subfunds are exempt from the provisions of Section 7, Act 156 of 2005:
(1) Department of Motor Vehicles
Subfund 3264 - Operating Revenue
(2) Comptroller General's Office
Subfund 4007 - Unemployment Compensation
(3) State Accident Fund
Subfund 4033 - Workers Compensation Fund
(4) Budget and Control Board
Subfund 4161 - Insurance Reserve Fund
(5) Budget and Control Board
Subfund 4202 - State Life and LTD. /
Rep. NEILSON explained the amendment.
Rep. GOVAN 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 Bill was taken up:
H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J. E. Smith: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7367AHB06), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 25-3-10 of the 1976 Code is amended to read:
"Section 25-3-10. (A) A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South Carolina State Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment as the Adjutant General may deem necessary.
(B) The Adjutant General, at his discretion, is further authorized to organize and maintain within the State of South Carolina an organization known as the Emergency Air Wing of the South Carolina State Guard. The organization shall consist of volunteer pilots and flight ground crews interested in providing emergency air support with airplanes owned by private citizens. The Adjutant General shall devise a table of organization, equipment, and regulations to facilitate the purposes of the Emergency Flight Wing. The Adjutant General shall be responsible for training and deciding what duties, responsibilities, and activities the group shall provide in both planes and personnel. The Adjutant General is authorized to prescribe a distinct uniform for the Emergency Air Wing Group separate from that of the National Guard. Each airplane participating in any activity of the Emergency Air Wing shall be required to have no less than one million dollars in liability insurance and shall list the Adjutant General as an additional insured to ensure that in the event of any claim resulting from any training or duty activity insurance is available to compensate for damages up to the caps provided by the South Carolina Tort Claims Act."
SECTION 2. Section 15-78-60(19) of the 1976 Code is amended to read:
"(19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while
"Section 42-7-50. Any county or municipality in the State or any agency or institution thereof of the State shall have the option of participating under the provisions of this article but no county, municipality, agency, or institution thereof of the State shall be covered by the workers' compensation insurance provided in this article until payment of the annual charge provided in this title shall have been made to the fund, nor shall any county, municipality, agency, or institution thereof of the State be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify each county, municipality, agency, or institution thereof of the State at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution may keep its insurance in force continuously. 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 of the State of South Carolina. Premiums to the State Accident Fund will be paid by members of the Emergency Air Wing of the South Carolina State Guard."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21182SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 25-3-10 of the 1976 Code is amended to read:
"Section 25-3-10. (A) A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South Carolina State Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment as the Adjutant General may deem necessary.
(B) The Adjutant General, at his discretion, is further authorized to organize and maintain within the State of South Carolina an organization known as the Emergency Air Wing of the South Carolina State Guard. The organization shall consist of volunteer pilots and flight ground crews interested in providing emergency air support with airplanes owned by private citizens. The Adjutant General shall devise a table of organization, equipment, and regulations to facilitate the purposes of the Emergency Flight Wing. The Adjutant General shall be responsible for training and deciding what duties, responsibilities, and activities the group shall provide in both planes and personnel. The Adjutant General is authorized to prescribe a distinct uniform for the Emergency Air Wing Group separate from that of the National Guard. Each airplane participating in any activity of the Emergency Air Wing shall be required to have no less than one million dollars in liability insurance and shall list the Adjutant General as an additional insured to ensure that in the event of any claim resulting from any training or duty activity insurance is available to compensate for damages up to the caps provided by the South Carolina Tort Claims Act."
SECTION 2. Section 15-78-60(19) of the 1976 Code is amended to read:
"(19) emergency preparedness activities and activities of the South Carolina National Guard and South Carolina State Guard while engaged in state or federal training or duty. This exemption does not apply to vehicular or airplane accidents;"
SECTION 3. Section 42-7-50 of the 1976 Code is amended to read:
"Section 42-7-50. Any county or municipality in the State or any agency or institution thereof of the State shall have the option of participating under the provisions of this article but no county, municipality, agency, or institution thereof of the State shall be covered by the workers' compensation insurance provided in this article until payment of the annual charge provided in this title shall have been made to the fund, nor shall any county, municipality, agency, or institution thereof of the State be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify each county, municipality, agency, or institution thereof of the State at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution may keep its insurance in force continuously. Recovery of workers' compensation benefits by members of the Emergency Air Wing of the
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4075 (Word version) -- Reps. Lucas and Vick: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN A SCHOOL DISTRICT IS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT WHOSE BUDGET OF TOTAL EXPENDITURES, INCLUDING DEBT SERVICE, EXCEEDS SEVENTY-FIVE MILLION DOLLARS BECAUSE OF A ONE-TIME CONSTRUCTION PROJECT, THE SCHOOL DISTRICT IS EXEMPT FROM THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE.
Rep. MCGEE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. NEILSON moved to adjourn debate upon the following Bill, which was adopted:
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN
The following Bill was taken up:
H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18350MM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-21-4190(A) of the 1976 Code is amended to read:
"(A) The department shall charge and retain sixteen and one-half ten cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to a F license. There shall be no The department shall charge and retain four cents for each dollar of face values for each bingo card sold for a C license."
SECTION 2. This act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LITTLEJOHN moved that the House recur to the Morning Hour, which was agreed to.
On motion of Rep. NORMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5051 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MARCHING BAND, SCHOOL ADMINISTRATORS, AND FACULTY AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THE BAND FOR CAPTURING THE 2005 SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to representatives of the Fort Mill High School Marching Band, school administrators, and faculty, at a date and time to be determined by the Speaker, for the purpose of recognizing the band for capturing the 2005 South Carolina AAAA State Marching Band Championship.
The Resolution was adopted.
The following was introduced:
H. 5052 (Word version) -- Reps. Harrison, Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton,
The Resolution was adopted.
The following was introduced:
H. 5053 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2005 SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP, AND HONOR THE BAND MEMBERS AND DIRECTOR OF BANDS MARTIN DICKEY FOR THEIR HARD WORK AND DEDICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5054 (Word version) -- Reps. Harvin, Kennedy, Bailey and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S 14-102 (EXIT 108) IN CLARENDON COUNTY.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. DUNCAN moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:
S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
H. 4737 (Word version) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E. H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.
Rep. LITTLEJOHN explained the Bill.
H. 5023 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NUTRITION STANDARDS FOR
Rep. WALKER explained the Joint Resolution.
H. 5024 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 5025 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
Rep. G. M. SMITH explained the Bill.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 44-53-583, RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION.
The following Bill was taken up:
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
Rep. BOWERS 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:
H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J. E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9408HTC06), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-3377, as contained in SECTION 1, page 1, and inserting:
/ Section 12-6-3377. (A) A South Carolina resident taxpayer who is eligible for and claims the new qualified fuel cell motor vehicle credit, the new advanced lean burn technology motor vehicle credit, the new qualified hybrid motor vehicle credit, and the new qualified alternative fuel motor vehicle credit allowed pursuant to Internal Revenue Code Section 30B is allowed a credit against the income taxes
(B) The credit amount allowed by this section must be calculated without regard to the phaseout period limits of Internal Revenue Code Section 30(B)(f) and for purposes of the credits allowed pursuant to this section, the provisions of Internal Revenue Code Section 30(B) are deemed permanent law. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7365AHB06):
Amend the bill, as and if amended, by deleting Section 6-1-530(B)(2), as contained in SECTION 1, page 1, beginning on line 38, and inserting:
Rep. LITTLEJOHN explained the amendment.
Rep. CLEMMONS 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:
H. 4465 (Word version) -- Reps. Harrell, W. D. Smith, J. Brown, Cato, Chellis, Cooper, Harrison, Townsend, Witherspoon, Merrill, Vaughn, Clemmons, Cotty, Walker, Altman, Ballentine, Ceips, Hagood, Haley, Haskins, Herbkersman, Hinson, Mahaffey, Norman, E. H. Pitts, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Taylor, Umphlett, Owens, Brady and Mitchell: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7364MM06), which was adopted:
Amend the bill, as and if amended, SECTION 2, as found on pages 4 and 5, by deleting lines 10 and 11 on page 5 and inserting / do not take effect. Amendments to the recommendations and proposed /
Amend the bill further, by deleting the last sentence in SECTION 2 on page 5, lines 23-25.
When amended, SECTION 2 shall read:
SECTION 2. Notwithstanding the provisions of Section 2-41-20 of the 1976 Code as amended in this act, the first order of business for the Tax Study Commission established by this act is to review all exemptions currently allowed in the South Carolina Sale and Use Tax Act and make a report and recommendations of the review to the General Assembly and the Governor before January 9, 2007. The report and recommendations must include specific recommendations with respect to the elimination or revision of current exemptions and if the commission recommends such eliminations and revisions, it also shall include in its report a reduced state sales and use tax rate adjusted to the nearest tenth of a percent to remain revenue neutral when applied to the increased sales and use tax base resulting from the report's approval by the General Assembly. The report must include and the commission is directed to draft and recommend conforming changes to the South Carolina Sales and Use Tax Act to implement its recommendations. If the recommendations and conforming changes in
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD; TO AMEND SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE
Rep. KIRSH 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:
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,
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6861CM06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 7 in its entirety and inserting:
/ SECTION 7. 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) the 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
(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
(D) Notwithstanding Section 12-54-240, the department and the Department of Commerce may exchange information submitted by a taxpayer pursuant to this section." /
Amend the bill further, Section 12-36-2120 ( ) as found in SECTION 13, page 6, lines 38-43, by deleting lines 38 through 43 and inserting:
/ "( ) 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)." /
Amend the bill further, by deleting SECTION 18 in its entirety and inserting:
/ SECTION 18. Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(4)(a) The assessment ratio may not be lower than four percent:
(i) in the case of a single sponsor investing at least two one hundred fifty million dollars, resulting in a total investment of at least four three hundred million dollars when added to previous investments by a sponsor, and creating at least two one hundred twenty-five new full-time jobs at a project;
(ii) in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a project;
(iii) in the case of a single sponsor investing at least six hundred million dollars in this State;
(iv) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that: A. builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; and
B. invests an additional five hundred million dollars in this State; or
(v)(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)." /
"(a) The assessment ratio may not be lower than four percent:
(i) in the case of a single sponsor investing at least two one hundred fifty million dollars, resulting in a total investment of at least four three hundred million dollars when added to previous investments by a sponsor, and which is creating at least two one hundred twenty-five new full-time jobs at the project;
(ii) in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project;
(iii) in the case of a single sponsor which is investing at least six hundred million dollars in this State;
(iv) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that: A. builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; and
B. invests an additional five hundred million dollars in this State; or
(v)(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)."/
Amend the bill further, by adding the following appropriately numbered SECTIONS:
/ SECTION ___.A. Section 12-6-3360(B)(5) of the 1976 Code, as last amended by Act 161 of 2005, is further amended by adding an appropriately numbered subitem at the end to read:
"( ) In a county that is at least one thousand miles in size and that has had an unemployment rate greater than the state average for the past ten years and an average per capita income lower than the average state per capita income for the past ten years, and that is not included in any of the county classifications contained in subitems (a) through (f) of this item, the credit allowed is two tiers higher than the credit for which the county otherwise would qualify."
B. This section takes effect upon approval by the Governor and applies for taxable years beginning after 2005 and applies for any
"Notwithstanding another provision of law, 'new job' includes an apprenticeship created by a taxpayer when the taxpayer employs an apprentice as defined by the applicable state occupational or professional licensing board described in Title 40 or, if a state licensing board does not exist, as defined by The National Apprenticeship Act, 29 U.S.C. 50, and applicable regulations. The eligibility of the apprenticeship for the tax credit is not contingent on the amount of gross wages associated with it, except that the amount must be that amount required, if any, by the applicable state licensing board or the standards of apprenticeship as provided in 29 CFR 29.5. The apprenticeship also must meet the other standards established by the applicable state licensing board or as established in 29 CFR 29.5. The apprenticeship program must be certified to the department as eligible for the credit by the applicable state occupational or professional licensing board or the Office of Apprenticeship Training, Employer and Labor Services, U.S. Department of Labor, or its designee."
B. This section takes effect July 1, 2006. /
Amend the bill further, as and if amended, Section 12-11-80(A)(2) as found in SECTION 10 by deleting the item in its entirety and inserting:
/ (2) A business that is current with respect to its withholding tax and other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the first quarter after the council's certification to the department that the minimum employment and capital investment levels were met for the entire quarter. If a qualifying business is not current as to all taxes due and owing to the State as of the date of the return on which the credit would be claimed, without regard to extensions, the business is barred from claiming the credit that would otherwise be allowed for that quarter may claim the credit only in an amount reduced by the amount of taxes due and owing to the State as of the date of the return on which the credit is claimed. /
Amend the bill further, by deleting SECTION 8 in its entirety.
Amend the bill further, by deleting in its entirety SECTION 5 and inserting:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, qualifying service-related facilities, and qualifying technology intensive facilities, and banks as defined pursuant to this title 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. As used in this section, 'corporate office' includes general contractors licensed by the South Carolina Department of Labor, Licensing and Regulation. Credits under pursuant to 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, or insurance premium tax liability. In computing any a tax payable by a taxpayer under pursuant to Section 38-7-90, the credit allowable under pursuant to this section must be treated as a premium tax paid under pursuant to Section 38-7-20." /
Amend the bill further, Section 12-6-3410(J)(1) as found in SECTION 9, by deleting subsection (J)(1) in its entirety and inserting:
/ "(J) As used in this section:
(1) 'Corporate headquarters' means the facility or portion of a facility where corporate staff employees are physically employed, and where the majority of the company's or company business unit's financial, personnel, legal, planning, information technology, or other headquarters-related functions are handled either on a regional, or national, or global basis. A corporate headquarters must be a regional corporate headquarters, or a national corporate headquarters, or global corporate headquarters as defined below:
(a) National corporate headquarters must be the sole corporate headquarters in the nation and handle headquarters-related functions at least on a national basis. A national headquarters shall be deemed is considered to handle headquarters-related functions on a national basis from this State if the corporation has a facility in this State from which the corporation engages in interstate commerce by providing goods or services for customers outside of this State in return for compensation.
(b) Regional corporate headquarters must be the sole corporate headquarters within the region and must handle
(i) at least five states, including this State; or
(ii) two or more states, including this State, if the entire business operations of the corporation are performed within fewer than five states.
(c) A 'company business unit' is an organizational unit of a corporation or bank and is defined by the particular product or category of products it sells." /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
"Section 23-47-35. (A) The South Carolina 911 Advisory Committee created in Section 23-47-65(A)(1) shall undertake to ensure that each local government or jurisdiction in this State operating an emergency '911' system has the information and training necessary to have the capability of answering calls in Spanish with the same response time as calls answered in English."
(B) The requirements of this section take effect January 1, 2007./
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. ALTMAN moved to table the amendment, which was agreed to.
I voted against the motion to table Amendment No. 2 to H. 4240.
Rep. Gloria Arias Haskins
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
Rep. FRYE 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. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
Rep. YOUNG 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:
H. 3711 (Word version) -- Reps. Cobb-Hunter and Mitchell: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF
Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22536MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 17 of Title 37 of the 1976 Code is amended to read:
Prescription Drug Discount Cards Medical Plan Organizations
Section 37-17-10. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:
(1) the person is registered with the Department of Consumer Affairs for this express purpose;
(2) the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;
(3) documentation is provided to the Department of Consumer Affairs that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and
(4) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.
(B)(1) A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.
(2) In the absence of proper registration under subsection (B)(1), the Secretary of State is designated as an agent upon whom process may be served. Service of any process on the Secretary of State may be made by delivering to and leaving with the Secretary of State, or with any person designated by him to receive such service, duplicate copies of the process, notice, or demand. The Secretary of State shall
(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.
(2) Notwithstanding subsection (C)(1), a person who violates this chapter is subject to all civil and administrative remedies available in this title.
(D) This section does not apply to:
(1) a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;
(2) eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;
(3) any benefit or program offered in conjunction with a health insurance plan administered by a health insurer, health care service contractor, or health maintenance organization regulated under Title 38; or
(4) an insured benefit administered by, or under contract with, the State of South Carolina.
(E) For purposes of this section, "person" means an individual, corporation, partnership, or any other business entity, including, but not limited to, a health maintenance organization, an insurance company, or a third party payor. Representatives of corporations, partnerships, or other business entities must be registered before they shall offer services under this section.
(F) The department may promulgate regulations as necessary to assist in administering this chapter including, but not limited to, regulations concerning assessment of registration fees and standards for corporate and individual representative registration. This chapter may be cited as the Discount Medical Plan Organization Registration Act.
Section 37-17-20. As used in this chapter:
(1) 'Administrator' means the administrator of the South Carolina Department of Consumer Affairs.
(2) 'Discount medical plan organization' means an entity that, in exchange for fees, dues, charges, or other consideration, provides access for plan members to providers of health care services and the right to receive health care services from those providers at a discount.
(3) 'Health care services' means any care, service, or treatment of an illness or dysfunction of, or injury to, the human body. Health care services includes, but is not limited to, physician care, inpatient care, hospital surgical services, emergency medical services, ambulance services, dental care services, vision care services, mental health care services, substance abuse services, chiropractic services, podiatric services, laboratory test services, the provision of medical equipment or supplies, and pharmaceutical supplies or prescriptions;
(4) 'Department' means the South Carolina Department of Consumer Affairs.
(5) 'Person' means an individual, corporation, partnership or other business entity including, but not limited to, a health maintenance organization, an insurance company, or third party payor, who sells, markets, promotes, advertises, or distributes a discount medical plan or other purchasing mechanism or device that purports to offer discounts or access to discounts from the health care providers described in (3) in this State.
(6) 'Representative' means an individual who is designated by a person, as defined in this section, and acts or aids on behalf of the person in the solicitation, negotiation, or renewal of a discount medical plan with respect to South Carolina citizens.
(7) 'Customer' means an individual who pays for the right to receive the benefits of a discount medical plan.
Section 37-17-30. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a discount medical plan or other purchasing mechanism or device that is not insurance which purports to offer discounts or access to discounts from discount medical plans unless:
(1) the person is organized pursuant to the laws of this State or authorized to transact business in this State;
(2) the person is registered with the department for this express purpose;
(3) the plan or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;
(4) documentation is provided to the department that the discounts are specifically authorized and the person has a separate contract with each health care service provider, pharmacy, or pharmacy chain listed in conjunction with the plan or other purchasing mechanism or device; and
(5) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.
(B)(1) A person who sells, markets, promotes, advertises, or distributes a discount medical plan or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from discount medical plans in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.
(2) In the absence of proper registration pursuant to subsection (B)(1), the Secretary of State is designated as an agent upon whom process may be served. Service of process on the Secretary of State may be made by delivering to and leaving with the Secretary of State, or with a person designated by him to receive service, duplicate copies of the process, notice, or demand. The Secretary of State shall forward one of the copies by registered or certified mail, return receipt requested, to the person required to register pursuant to subsection (B)(1) at the last physical address known to the party service process. Refusal to sign the return receipt does not affect the validity of the service. Service is effective pursuant to this subsection as of the date shown on the return receipt or five days after its deposit in the mail, whichever is earlier. The Secretary of State may charge a fee of ten dollars for the service. This subsection does not affect the right to serve process in a manner otherwise provided by law.
(3) Persons selling, distributing, advertising, marketing, or promoting discount medical plans shall register with the department. A contact with South Carolina citizens, including personal contact, telemarketing, direct mail or Internet/electronic mail solicitation, requires registration with the department, and business must not be conducted until the person is approved by the department.
(4) Representatives of corporations, partnerships, or other business entities must be registered before they offer services pursuant to this chapter.
(5) A company offering a discount medical plan shall make available the plan and its terms for public inspection and provide to each of its customers a complete list of facilities at which the plan may
(6) Advertised discounts are those that are actually available to customers. Disclaimers or terms of limitation must be no less prominent than those of the discount offer. One-time or short-time promotions may be offered only if limiting terms are as prominent as the special offer. All advertisements must contain the name and address of the company offering the service and must conform to the name on file with the department.
Section 37-17-40. (A) A person applying for an initial registration must submit:
(1) a formal application in the form and detail the administrator requires;
(2) if a corporation:
(a) articles of incorporation;
(b) proof of existence and good standing from the Secretary of State's office; and
(c) an affidavit or sworn statement from each individual officer, director, or principal that the person is eligible for individual representative status;
(3) a bond in a form to be prescribed by the department in the amount of fifty thousand dollars denoting the department as beneficiary;
(4) the most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the applicant or, if the applicant is not a corporation, other persons the administrator requires;
(5) a filing fee of eight hundred dollars;
(6) a description of the offered plan, advertising and solicitation brochures, any cards or other purchasing mechanisms, and consumer enrollment materials the person uses or intends to use; and
(7) other relevant material information required by the administrator.
(B) Registration is annually on a form prescribed by the department. An annual filing fee of eight hundred dollars must accompany each filing and be retained by the department for purposes of administering the filings. The registration runs from September first
(C) A person shall provide annually the department with a list of all active agents by August thirty-first of each year and shall notify the department of a change in status.
Section 37-17-50. (A) An individual may not act as a representative of a person, as defined in Section 37-17-20(5), without the person having registered the representative with the department. Registration as a representative must be made to the department upon forms prescribed and furnished by the administrator.
(B) The representative shall furnish information concerning his identity, business address, personal history, business experience, and other information the administrator considers pertinent and germane. An annual filing fee of thirty dollars must accompany each individual representative's filing and be retained by the department for purposes of administering the filings. Initial and renewal filings are considered incomplete until the filing fee is received. Filings are good for one year and run from September first until August thirty-first. The annual renewal period begins August first and ends August thirty-first.
(C) Representative status may be denied or revoked if the applicant is convicted of a felony, crime of moral turpitude or deceit or dishonesty within ten years before the filing. Evidence of any license suspension or revocation or administrative disciplinary actions based on criminal activities or acts of moral turpitude or deceit or dishonesty within ten years may serve as grounds for registration revocation or denial. Violations of Title 37 within ten years may serve as grounds for denial or revocation licensing status.
Section 37-17-60. This chapter does not apply to:
(1) a pharmacy holding a permit or a company that owns one or more pharmacies holding a permit issued pursuant to Title 40, Chapter 43, that offers prescription discounts only from its pharmacies;
(2) a benefit or program offered in conjunction with a health insurance plan administered by a health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38; or
(3) an insured benefit administered by, or under contract with, the State of South Carolina.
(4) a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical
Section 37-17-70. An appeal concerning disciplinary action, a denial of an application for a new or renewal license, a revocation or suspension of a license, or a determination that a representative is unqualified must be made pursuant to the Administrative Procedures Act and the rules governing practice before the Administrative Law Court. A contested hearing pursuant to this chapter is before the Administrative Law Court, with notice to, and an opportunity for a hearing by, the affected person or representative.
Section 37-17-80. (A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring a person to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a person, if the Administrative Law Court finds, after a hearing that the person:
(1) has violated or failed to comply with a provision of this chapter or a regulation promulgated pursuant to the authority of this chapter;
(2) has obtained a certificate of authority through wilful misrepresentation or fraud;
(3) has engaged in a fraudulent or deceptive practice;
(4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of a service contract issued or to be issued by it;
(5) is unable to meet obligations as determined by generally accepted accounting principles;
(6) has, after notice to the person of an alleged occurrence of any of items (1) through (5) of this section, refused without just cause to submit relevant information to the administrator with respect to its services within this State.
(B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A), the administrative law judge may assess an administrative penalty of not less than one hundred nor more than ten thousand dollars for each violation. These penalties may be assessed in connection with orders to cease and desist.
Section 37-17-90. Upon satisfactory evidence that a representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may issue an order requiring the
Section 37-17-100. If a license is revoked or renewal is denied, the affected licensee may request a reinstatement hearing after a minimum of one year. The department may reinstate or renew the license only if the cause of the nonrenewal or revocation has been corrected.
Section 37-17-110. A licensee who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceedings, court proceedings, or other actions to enforce the provisions of this chapter.
Section 37-17-120. The department may promulgate regulations necessary to effectuate the purposes of this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. BRANHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN asked unanimous consent to recall H. 4620 (Word version) from the Committee on Judiciary.
Rep. J. BROWN objected.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4831 (Word version) -- Reps. Cobb-Hunter, Young and Simrill: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE
Rep. SINCLAIR asked unanimous consent to recall H. 4833 (Word version) from the Committee on Judiciary.
Rep. MERRILL objected.
On motion of Rep. SINCLAIR, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4834 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw and Rivers: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
Rep. BALES asked unanimous consent to recall H. 4560 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. CHALK objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE
Rep. TALLEY moved to adjourn debate upon the Senate Amendments until Wednesday, May 3, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.
Rep. LIMEHOUSE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
The Senate amendments to the following Bill were taken up for consideration:
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
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. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Rep. TALLEY moved to adjourn debate upon the Senate Amendments until Wednesday, May 3, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF
Rep. BRADY 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. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON
Rep. CEIPS 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. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME
Rep. WITHERSPOON 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. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12479CM06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
"Section 56-3-9800. (A) The Department of Motor Vehicles may issue a special commemorative 'Breast Cancer Awareness' motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) One half of the seventy dollar biennial fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. The remaining one half of the fee must be distributed to the South Carolina chapter of the American Cancer Society.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."/
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Senate amendments to the following Bill were taken up for consideration:
H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Rep. WALKER moved to adjourn debate upon the Senate Amendments until Wednesday, April 26, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.
Rep. TOWNSEND proposed the following Amendment No. 2A (Doc Name COUNCIL\MS\7370AHB06), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety SECTION 2, beginning on page 2, beginning on line 40.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. MCLEOD proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\6863CM06), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 57 of 2005, is further amended to read:
"(A) License plates A license plate must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, the name of the county in which the vehicle is registered and property taxes are paid, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates, but excluding license plates provided in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate, but at least every six years. A new license plate for vehicles contained in Sections 56-3-660 and 56-3-670 must be provided by the department at intervals the department considers appropriate. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, except for the fees collected pursuant to Sections 56-3-660 and 56-3-670, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Motor Vehicles for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates A license plate issued for vehicles a vehicle in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates plate. License plates A license plate issued as permanent may be revalidated and replaced at intervals determined by the department." /
Rep. MCLEOD explained the amendment.
Rep. PERRY moved to table the amendment, which was agreed to by a division vote of 30 to 24.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following House Resolution was taken up:
H. 5011 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO EXPRESS THE SENTIMENT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT THE EVER INCREASING PRICES OF GASOLINE AND OIL PRODUCTS MAY CONSTITUTE UNFAIR OR UNLAWFUL PRICE GOUGING OR PRICE-FIXING AND TO REQUEST THE ATTORNEY GENERAL OF THIS STATE TO INVESTIGATE WHETHER OR NOT VIOLATIONS OF LAW HAVE OCCURRED.
Whereas, over the past year the price of gasoline at the retail pumps has increased by as much as one dollar per gallon; and
Whereas, in the small State of South Carolina at the price of close to three dollars per gallon for gasoline, this costs our state's citizens approximately six billion dollars per year; and
Whereas, during the past year the increase per gallon in the retail price of gasoline has cost South Carolina consumers close to two billion dollars; and
Whereas, the cost of gasoline is taking dollars out of South Carolina that are desperately needed to build highways or improve our state's economy; and
Whereas, demand for gasoline and oil in China and other developing markets does impact price, as does the uncertainty of supply and the
Whereas, the House of Representatives of the State of South Carolina believes that this unacceptable situation should be investigated to ensure that only legitimate market forces are at work in regard to this increase. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives express the sentiment of the House of Representatives of the State of South Carolina that the ever increasing prices of gasoline and oil products may constitute unfair or unlawful price gouging or price-fixing and request the Attorney General of this State to investigate whether or not violations of law have occurred.
Be it further resolved that a copy of this resolution be forwarded to the Attorney General of South Carolina.
Rep. ALTMAN explained the Resolution.
The Resolution was adopted.
The following Concurrent Resolution was taken up:
H. 4941 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks,
Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Concurrent Resolution was taken up:
S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.
Be it resolved by the Senate, the House of Representatives concurring:
That by this resolution, the members of the General Assembly request the Department of Motor Vehicles to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with nationally-sponsored NASCAR racing events held in this State in 2006.
Be it further resolved that the Department of Motor Vehicles shall prescribe an appropriate means of identification instead of the licensing and registration requirements otherwise applicable.
Be it further resolved that a copy of this resolution be sent to the Department of Motor Vehicles.
Rep. LEACH explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Scarborough, Young and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES RANTOWLES CREEK ALONG UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "HISTORIC ST. PAUL'S PARISH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HISTORIC ST. PAUL'S PARISH BRIDGE".
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Transportation name the bridge that crosses Rantowles Creek along United States Highway 17 in Charleston County the "Historic St. Paul's Parish Bridge" and erect appropriate markers or signs at this bridge that contain the words "Historic St. Paul's Parish Bridge".
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. LEACH.
The following Bill was taken up:
H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.
Rep. WHIPPER moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up:
H. 4579 (Word version) -- Reps. Merrill, Bingham, E. H. Pitts, Hardwick, Haley, Bailey, Bales, Cato, Dantzler, Duncan, Hinson, Jefferson, Leach, Loftis, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Umphlett and Young: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL TRUSTEE'S TERM OF OFFICE, SO AS TO PROVIDE THAT IN A SCHOOL DISTRICT WHERE SCHOOL BOARD MEMBERS ARE ELECTED, THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER; TO AMEND SECTIONS 59-71-40 AND 59-71-50, BOTH RELATING TO A SCHOOL BOND ELECTION, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER.
"Section 4-10-30. (A) The county election commission in each county shall conduct a referendum on the Tuesday following the first Monday in November at the next scheduled general election on the question of implementing the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must not be imposed in the county area, unless a majority of the qualified electors voting in the referendum approve the question.
(B) The ballot must read substantially as follows:
'Must a one percent sales and use tax be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?
(C) If the question is not approved at the initial referendum, the county council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November each scheduled general election.
(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the anticipated credit against property taxes in the first year of implementation of the property tax credit fund. The notice must show the anticipated credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility."
SECTION ____. Section 4-10-35 of the 1976 Code, as last amended by Act 317 of 1990, is further amended to read:
"Section 4-10-35. (A) Upon petition of fifteen percent of the qualified electors of a county presented to the governing body of that county which has implemented the one percent sales and use tax authorized by this chapter requesting that this tax be rescinded, the county governing body shall conduct a referendum on the Tuesday following the first Monday in November next following at the next scheduled general election on the question of rescinding the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must be rescinded in the county area upon the certification of the results if a majority of the qualified electors voting in the referendum vote in favor of rescinding the tax.
(B) The ballot must read substantially as follows:
'Must the one percent local option sales and use tax levied in __________ County pursuant to Chapter 10, Title 4 of the 1976 Code be rescinded?
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'.'
(C) A referendum for rescission of this tax may not be held earlier than two years after the tax has been levied in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year next scheduled general election or the referendum must be held on the Tuesday following the first Monday of November of at the following year general election."
SECTION ____. Section 5-15-50 of the 1976 Code is amended to read:
"Section 5-15-50. Each municipal governing body may by ordinance may establish municipal ward lines and the time for general and special elections within the municipality. Public notice of the elections shall be given at least sixty days prior to such elections."
SECTION ____. Section 5-15-60 of the 1976 Code is amended to read:
"Section 5-15-60. Each municipality in this State shall adopt by ordinance one of the following alternative methods of nominating candidates for and determining the results of its nonpartisan elections:
(1) the nonpartisan plurality method prescribed in Section 5-15-61;
(2) the nonpartisan election and runoff election method prescribed in Section 5-15-62;
(3) the nonpartisan primary election and general election method prescribed in Section 5-15-63. If nonpartisan elections are not provided for, nomination of candidates for municipal offices may be by party primary, party convention, or by petition in accordance with the provisions of this chapter, the applicable provisions of the state election
"Section 5-15-70. (A) Each municipal governing body shall determine by ordinance the time for filing nominating petitions, holding primary elections or conventions, the time for entry of candidates for nominations in municipal party primary elections or conventions, the time for closing of entries, and the time and manner of filing by candidates in nonpartisan elections. The municipal governing body may determine by ordinance that either filing a statement of candidacy or a petition with the municipal election commission is required to place the name of the candidate on the ballot in nonpartisan general elections. However, no a candidate's name may must not be placed on the ballot by petition in a general election conducted in accordance with the provisions of Section 5-15-63. If the municipal council determines that the petition method is used, the percentage of electors required on these petitions may must not be less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate.
(B) When a candidate's name is to be placed on the ballot by virtue of a primary election or convention, the party concerned shall conduct the primary election twelve weeks before the election and certify the candidacy to the municipal election commission not later than by twelve o'clock noon sixty days prior to before the election. When a candidate's name is to be placed on the ballot by virtue of a convention, the party concerned shall certify the candidacy to the municipal election commission by twelve o'clock noon sixty days before the election. When the filing by statement of candidacy is authorized, the individual candidate shall file the statement with the commission not later than during a fourteen-day period to close at twelve o'clock noon sixty days prior to before the election and the commission shall place the name of the candidate upon the ballot. If the petition method is authorized, the candidate shall file the necessary petition with the municipal clerk by twelve o'clock noon seventy-five days prior to before the general election concerned and the clerk shall deliver the petition to the commission. The commission shall examine the petition and determine its validity not later than by twelve o'clock noon sixty days prior to before the general election concerned and when so validated, the commission shall place the name of the petition candidate upon the ballot.
(C) For nonpartisan special elections, if the petition method is authorized, the candidate shall file the petition with the municipal clerk not later than by twelve o'clock noon, sixty days prior to before the election. The commission shall determine the validity of the petition not later than forty-five by twelve o'clock noon seventy-five days prior to before the election and when so validated, shall place the candidate's name on the ballot. If the statement of candidacy is authorized, these statements must be filed not later than by twelve o'clock noon, forty-five days prior to before the election.
For partisan special elections, petitions must be submitted pursuant to Section 7-13-190(B)."
SECTION ____. Section 5-15-130 of the 1976 Code is amended to read:
"Section 5-15-130. (A) Within forty-eight hours after the closing of the polls, any by twelve o'clock noon Wednesday following the day of the declaration by the board of the result of the election, a candidate may contest the result of the election as reported by the managers by filing a written notice of such contest together with a concise statement of the grounds therefor for the contest with the Municipal Election Commission. Within forty-eight hours after On Monday following the filing of such the notice, the Municipal Election Commission shall, after due notice to the parties concerned, shall conduct a hearing on the contest, decide the issues raised, file its report together with all recorded testimony and exhibits with the clerk of court of the county in which the municipality is situated, notify the parties concerned of the decisions made, and when the decision invalidates the election the council shall order a new election as to the parties concerned.
(B) Neither The mayor nor any or a member of council shall be is not eligible to pass on the issues arising in any contest in which he is a party."
SECTION ____. Section 7-13-10 of the 1976 Code is amended to read:
"Section 7-13-10. General elections for federal, state, and county, and municipal officers in this State shall must be held on the first Tuesday following the first Monday in November in each even-numbered year at such the voting places as have been or may be established by law. All general or special elections held pursuant to the Constitution of this State shall must be regulated and conducted according to the rules, principles, and provisions herein prescribed set forth in this chapter and, in the case of municipal elections, in Chapter 15 of Title 5."
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county and municipal election commissions on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter after that, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county or municipal election commission, whichever is responsible under by law for preparing the ballot, not later than by twelve o'clock noon on April ninth, or if April ninth falls on a Saturday or Sunday, not later than by twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to before certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. Political parties must not accept the filing of any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate desires to file, and such the candidate's name shall must not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION ____. Section 7-13-70 of the 1976 Code, as last amended by Act 304 of 1998, is further amended to read:
"Section 7-13-70. (A)(1) For the purpose of carrying on general or special elections for federal, state, and county officers provided for in Section 7-13-10, the Governor, at least ninety days before the election, must shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House
(2) The oath must be immediately must be filed in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(3) Commissioners and such staff as designated by the commission must shall complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission. Following initial certification, each commission member and staff person designated by the commission must shall take at least one training course each year.
(B) The membership and duties of municipal election commissioners are determined pursuant to Chapter 15 of Title 5."
SECTION ____. Chapter 13, Title 7 of the 1976 Code is amended by adding:
Section 7-13-210. (A) For purposes of this article, 'governing body' means the governing body of a municipality, school board, or school district.
(B)(1) Notwithstanding another provision of law or special act providing for the election of the members of a governing body, beginning at the time of the general election of 2008 and each year
(2) Terms of current members of a governing body expiring after December 31, 2006, must be extended until their successors are elected and qualify in the manner provided in this article at the general election.
Section 7-13-215. If a member of a governing body is elected at the time of the general election or on the first Tuesday following the first Monday in November, the provisions of this article control the election of that member.
Section 7-13-220. A member of a governing body elected in a nonpartisan election as provided by law must be elected in that manner except that the date of the nonpartisan election must be at the same time in the appropriate even-numbered or odd-numbered year as provided in Section 7-13-210(B).
Section 7-13-225. The terms for a member elected to a governing body are as provided by law for that governing body.
Section 7-13-230. Candidates for these offices, which are filled in nonpartisan elections on the effective date of this article, must be nominated by the method provided by law for the office affected with the appropriate authority conducting the election.
Section 7-13-235. The cost of elections held pursuant to this article must be borne by the governing bodies elected at the times specified in this article on a pro rate basis determined by the entity charged by law with conducting the election.
Section 7-13-240. Members of a governing body must be elected from the district at large, from specified election districts, or in another manner as provided by law for that governing body.
Section 7-13-245. Vacancies in these offices must be filled as provided by law.
Section 7-13-250. The results of these elections must be determined in the manner provided by law for that governing body.
Section 7-13-255. A referendum on the question of raising the bonded indebtedness limit of a governing body, including a county and any other referendum, must be conducted at the time of the general election.
Section 7-13-260. An election held pursuant to Section 59-71-40 to issue general operating bonds for an operating school unit as defined in Section 59-71-20 must be conducted at the time of the general election." /
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7385AHB06), which was tabled:
Amend the bill, as and if amended, by deleting lines 5-43 on page 4579-2, lines 1-43 on page 4579-3, and lines 16-19 on page 4579-9.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. MERRILL moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Bannister Barfield Bingham Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Edge Frye Haley Hardwick Harrell Harrison Hinson Huggins Leach Limehouse Littlejohn Loftis Mahaffey Martin Merrill Owens Perry E. H. Pitts Rice Sandifer Scarborough Simrill Skelton G. M. Smith Stewart Talley Thompson Townsend Umphlett Vaughn Vick Viers Walker
White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Ballentine Battle Brady Branham R. Brown Cobb-Hunter Duncan Emory Funderburk Govan Harvin Haskins Hayes Herbkersman Hodges Hosey Jefferson Kirsh McCraw McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Pinson M. A. Pitts Rhoad Rivers Scott G. R. Smith J. E. Smith Weeks Whipper
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:
Bales Ballentine Bannister Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Frye Haley Harrell Harrison Haskins Herbkersman Hinson Jefferson Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw Merrill
Mitchell Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Talley Thompson Umphlett Vaughn Vick Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Anderson Battle R. Brown Cobb-Hunter Emory Funderburk Govan Hardwick Harvin Hayes Hodges Hosey Kirsh McLeod Miller Moody-Lawrence J. M. Neal Rhoad Rivers Scott J. E. Smith Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. G. M. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was taken up:
H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA
Rep. G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9440HTC06), which was adopted:
Amend the bill, as and if amended, in Section 23-50-45, beginning on page 4456-1, by striking subsection (B) and inserting:
/ (B) In a criminal proceeding, the State or another prosecuting authority must provide the defendant with any information obtained via crimestoppers as required by Rule 5 of the South Carolina Rules of Criminal Procedure, Brady, or any other law or rule governing the disclosure of information to criminal defendants. /
Amend further, as and if amended, in Section 23-50-45(A), page 5, line 38, by striking /court/ and inserting / civil /.
Amend further, in Section 23-50-45(D), page 6, by inserting before /:/ on line 27 / in a civil proceeding /.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5032 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. BILLY CARSON BLAKENEY OF PAGELAND FOR HIS DISTINGUISHED THIRTY-EIGHT YEAR CAREER IN SERVING THE PATIENTS OF PAGELAND, CHESTERFIELD COUNTY, AND THE SURROUNDING AREAS AND FOR HIS CONTRIBUTIONS TO THE CIVIC LIFE OF HIS COMMUNITY.
At 5:06 p.m. the House, in accordance with the motion of Rep. LEACH, adjourned in memory of Ellis Ann Speer Johnson, daughter of Legislative Council employee, Sazy Johnson, to meet at 10:00 a.m. tomorrow.
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