SENATE JOURNAL 06/02/2005 - South Carolina Legislature Online

South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Thursday, June 2, 2005
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as a sort of SUMMARY, hear from the BOOK OF REVELATION (1:8):

"I am the Alpha and the Omega, the Beginning and the End, says the LORD, who is, and who was, and who is to come, the ALMIGHTY!"

Let us pray!

Dear Father, we began this SESSION beneath the dome with prayer. Thanks for the privilege of self-government, and for the strength of body, mind and spirit to endure the tedium of the democratic processes.

Forgive us for the things we have done that You cannot bless, and bless the things we have thought and done that meets Your favor.

Bless us, Father, in the words of Aaron, the brother of Moses: "The Lord bless thee and keep thee. The Lord make His face to shine upon thee, and be gracious unto thee. The Lord lift up His countenance upon thee, and give thee peace - now and forever"!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.122, S. 746 by a vote of 6 to 0:

(R122, S746 (Word version)) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.133, H. 3932 by a vote of 97 to 3:

(R133, H3932 (Word version)) -- Reps. Harrell, Wilkins and Chellis: AN ACT TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, AS AMENDED, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 41; Nays 4

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Ford                      Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin *                  Reese                     Richardson
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Verdin                    Williams

Total--41

NAYS

Fair                      Gregory                   Hawkins
Ryberg

Total--4

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 1, 2005

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 97, R-113:

(R113, S97 (Word version)) -- Senators Land, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; AND BY ADDING SECTION 37-1-130 SO AS TO PROVIDE THAT THE AMENDED TAX INCREMENT FINANCING ACT FOR COUNTIES DOES NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER FROM LAWS REGULATING SUCH PROVIDERS; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING RURAL AREAS, AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT; TO AMEND SECTIONS 5-37-40 AND 5-37-50, RELATING TO IMPROVEMENT DISTRICTS AND THE MEANS OF ADOPTING IMPROVEMENT PLANS FOR PURPOSES OF THE MUNICIPAL IMPROVEMENT ACT OF 1999, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE INCLUDED IN SUCH DISTRICTS AND TO INCORPORATE THESE REVISIONS IN THE RESOLUTION REQUIRED TO ESTABLISH SUCH DISTRICTS, AND TO AMEND SECTIONS 31-6-20, 31-6-30, AS AMENDED, AND 31-6-80, AS AMENDED, RELATING TO FINDINGS, DEFINITIONS, AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY WITHIN A MUNICIPALITY AVAILABLE FOR REDEVELOPMENT; TO AMEND APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING AGRICULTURAL AREAS AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS, AND TO REVISE THE FINDINGS REQUIRED IN THE IMPLEMENTING ORDINANCE.

This veto is based on my ultimate belief in the basic protection of property rights. This legislation significantly expands the purposes by which counties and municipalities can exercise eminent domain without the consent of the property owner. Though local governments have and continue to have the power to condemn abandoned or blighted property, this legislation empowers counties to include properties which may be blighted on several grounds not typically allowed under current practice: for instance, if agricultural land rental rates, depopulation of a county, or static per capita income serve as reasons that a county or municipal government may incorporate land into a redevelopment zone. These reasons have nothing to do with negligence by the owner, but rather the general economic conditions of the locale. I believe extreme care must be taken to ensure that the awesome power of government to condemn private property is limited to instances where an overriding public purpose must be served. Property rights should be ended only in the most extreme circumstances, but typically only when the owner can no longer show a capacity to maintain the property or honor their fiduciary responsibilities. In addition, an overall public good, such as road construction, could serve as an acceptable means for condemnation. We should, however, avoid allowing for purposes well beyond the control of the owner or as a result of a greater public need.

For these reasons, I am returning S. 97 to you without my signature.
Sincerely,
/s/Mark Sanford
Governor

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator LEATHERMAN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 32; Nays 13

AYES

Alexander                 Anderson                  Cleary
Drummond                  Elliott                   Ford
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Pinckney
Rankin                    Reese                     Richardson
Setzler                   Sheheen                   Short
Smith, J. Verne           Williams

Total--32

NAYS

Bryant                    Campsen                   Courson
Cromer                    Fair                      Gregory
Grooms                    Hawkins                   Peeler
Ritchie                   Ryberg                    Scott
Verdin

Total--13

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Leave of Absence

At 11:15 A.M., Senator MESCHER requested a leave of absence for Wednesday, June 15, 2005.

Expression of Personal Interest

Senator RANKIN rose for an Expression of Personal Interest.

Remarks by Senator RANKIN

Members of the Senate, I want to take a moment to update you on something and call attention to the Body on a subject that is probably, for many of you, a subject that we have talked about too much here in the Senate this Session, but one that seemingly on a daily basis involves a new revelation. And the subject again, with LUKE RANKIN seemingly attached forever, is Santee Cooper.

I want to remind y'all what you did with S. 573 last week. The Senator from Charleston authored, along with others, a Bill in which we in the Senate attempted to try to restore civility to Santee Cooper; to try to, we thought, right the ship, that from the perspective of Wall Street and from the prospective of the number one customer of Santee Cooper, that being the co-op, that something was wrong at Santee Cooper. For the last two years, we've heard whispers from constituents, and we've heard whispers from board members that something was wrong. S. 573 was the Senate and the House's message to the folks of Santee Cooper that we hear you and we're going to right what is wrong. As you know, that Bill was vetoed. The Senate, by a vote of 43 to 1, overrode that veto. The House overrode the Governor's veto by a vote of 104 to 5. I think that, absent some of these budget items, that margin of an override and a statement by this General Assembly is unprecedented. "We get it, folks" -- that we've got to bring reform. We've got to bring accountability, we've got to bring sunshine and we've got to depoliticize a board that for the last few years has been nothing but a political tug of war.

I call your attention to something that has being handed out to you and hopefully is before you now, and that is an interview from a local paper in Georgetown where a two hour interview was conducted of a board member that the Judiciary Subcommittee overwhelmingly recommended to the Governor for appointment. That is an individual by the name of Carl Faulk. Mr. Faulk was appointed and he said to us, he was totally surprised that he got the call to serve, but, if you ask about Mr. Faulk in the local community, his service and his ability are unparalleled; unblemished is this man's character and his integrity and his ability to serve not only on the Santee Cooper Board since January, but also on the Coastal Carolina Foundation and many charitable institutions and as well on a religious front.

Mr. Falk was tapped in December to serve, and he served well. Not just to LUKE RANKIN, or the other members on this subcommittee, but to a person within, Mr. Falk served well. Mr. Falk came to testify before our subcommittee on Tuesday a week ago, and it was his day to be screened by the subcommittee appointed to do this. Interestingly, the night before, at 9:20, he got a call from the Governor saying that no longer does the Governor choose to allow Mr. Falk to serve, but instead, he is asking him to withdraw. Mr. Falk said, "No, I don't want to withdraw." He told us under oath that he made his feelings clear to the Governor that he did not want to withdraw, and that the message by pulling his nomination was nothing but a perpetuation of the same instability -- and again, I am paraphrasing, these are not his exact words -- but instability, a fruit basket turnover on this board. That may not be an issue to us, and it may just seem like politics. Truthfully, Governor Hodges started this whole process back with the removal of John Rainey and the lawsuit that he was successful in waging that allowed him to remove at will the members of boards and commissions, particularly the Santee Cooper Board. Many of us in this Senate told the Governor, specifically the Senator from Clarendon, that he was wrong to remove John Rainey and lo and behold he was right.

We go through lots of public hearings -- we go down to Horry County, we go down to Georgetown County, we go down to Berkeley. The uniform message from all of them is, it isn't broken. What in the world is going on, and why are the credit agencies changing the outlook on the bonds from positive to negative? The report that Finch authored and calls our attention to this problem is the board's instability. To put that into political laymen's terms -- fruit basket turnover. I think that's the term offered, by Senator ELLIOTT. The board just churned and churned. We've had 17 different board members in the last 4 years if I'm not mistaken. A board which historically has had terms for 7 years, where all members have historically served those full 7 years. It all changed.

Fast forward to today. Fast forward to the credit outlook downgrading, and what have we had? I'm not going to bore you with the details, but S. 573 was successful in passage, and we were successful in overriding the Governor's veto, and remember what was said of us as a subcommittee and many of us individually. In our efforts to wage this reform effort, this effort for accountability, this effort on depoliticizing the second largest public utility in the country - what was said of us? We were called reckless. We were called McCarthy-ites, electric rate McCarthyism. We were told that we were crossing the line of objective into subjective and we were trying to force up an issue to scare the voters and make them think their rates were going up, and that it was no one's fault but the Senate's, and actually, LUKE RANKIN's. I was called reckless.

Fast forward to yesterday and today. Look at the words of previously well-serving, picked by the Governor, Carl Falk. This was a two-hour interview, and I'm going to highlight a few of his quotes, which underscore the very charge that we as a subcommittee had and some of the findings or the issues that we raised. There were 10 of them that were ferreted out. With staff, we tried to get bad issues off the table. We said, "If you're not going to swear under oath, don 't complain. Don't whisper to us and tell us things that you're not going to come forward and swear to, or talk about documents that you can't produce."

We conducted a document-driven investigation. Senators MARTIN, HUTTO, MESCHER, ELLIOTT and myself went through reams and reams of e-mails of communications back and forth between a group of board members. In fact, we heard from one expert, actions of which were described as "rogue conduct," and we heard from an attorney in the upstate, Jim Gilrey, who said that, if this were a publicly traded board someone would go find a lawyer over the actions that were going on on the Santee Cooper Board.

We talked to Mr. Falk. We asked him about his service. We asked him about what was going on there. An interesting revelation of his was that he was shocked by what he heard, and shocked by what he read in many of the e-mails that were sent amongst a group of 3, 4 or 5 board members. He didn't know about it. He had been serving on that board since December as an interim appointee. He didn't know what they were doing. His answer, when asked by Mike Couick if you have an opportunity to tell anybody anything, what do you want to say -- I think his first response was "I am sorry -- to the board and the management and the executive staff and to the 1800 employees of Santee Cooper -- I am sorry for what has gone on."

At 9:20 P.M., Monday night, less than 24 hours before he was to come before us to be screened, a person who has served well, and who, from all appearances, has the blessing of the Governor, at 9:20, that blessing became something else. What did he tell us under oath? Again, I'm going to go to this article. We asked him about some issues of which we had complaints, ten of them, from meetings in violation of the Freedom of Information Act, which we all have to do here; from having private meetings outside of the blessing of the executive staff and the board, outside of the board of governance on items dealing with either contracts with coal companies or real estate procedures; issues dealing in an overall theme of micromanagement.

Mr. Falk told us that a term should be a term and that the 7 years that people had served historically should be honored. He told us that in Conway when he asked to speak. I didn't know Mr. Falk, but he appeared to be very candid, he appeared to be supporting the Governor, which he should have, on many of these fronts. He said it is not as bad as you think; there is not as much going on as you think. He said there in Conway that a term should be a term.

Apparently, he was upbraided for his comments at a plant opening in Georgetown County, the Gypsum plant. We have all heard about it and we are all proud of that bit of economic development for an area that desperately needs it. He was upbraided. I'll say it in a nice way, he said that reasonable minds can differ and be reasonable. The point was clear that the Governor didn't believe that a term should be a term and he didn't support 7 years being a 7-year term. Then, we asked him to look at stacks and stacks of what John Rainey, the former Chairman of Santee Cooper, the current Chairman of the Board of Economic Advisors, said under oath that "He's never seen the likes of" the amount of e-mail communication between board members. In this article in today's paper, look at what Mr. Falk says. What was one of the concerns that y'all heard about in the co-op areas, that you read about -- there is a private, secret plan to sell Santee Cooper. And as we heard in Horry County, one economic developer said, "Where there is smoke, there has to be fire."

Well, we didn't know that day about the e-mail communications to 4 investment bankers in September from a Marshall Evans. We're going to have a report in ten days to two weeks that will detail what I'm telling you today. And again, I'm not here today to say anything good or bad about any appointee or to presuppose the findings of our subcommittee. But that one document alone, dated September 7th, makes it irrefutable that there was a plan and a request for proposals. Two times in the e-mail, it says "strictest confidentiality and private." The point is, don't tell it. Anyway, Mr. Falk didn't know that there was a plan to sell Santee Cooper.

Again, back to the article, you look at what he said in response to the question about the Credit Suisse Report. Again, I know it too well, y'all may not know it at all. But that's the group that was hired not at the request of Santee Cooper but was paid $150,000 by Santee Cooper to, in response to the September 7th e-mail, study the privatization and sale of Santee Cooper. Mr. Falk said of that Credit Suisse Report that we got, and the $150,000 of Santee Cooper money -- and I want to be very clear that I get this right, he said that the report itself was not a sanctioned board activity, and was a study done without the knowledge of all the board members. "I accepted at the time the denials by the board members and the Governor that it was not being done for the privatization of Santee Cooper, but more as a look at its performance." Continuing in quotations, "but when you read the report it was obvious that it was initiated with the intent of selling Santee Cooper," Falk said. "I felt misled or betrayed once the report came out."

Folks, we heard in Moncks Corner the denial that there was ever any intention to sell, and the line was, "that's never been part of my conversation." Whether or not it was, I'm not up here today to judge. But as Mr. Falk himself says, if you had an intention to sell it, all you had to do is say, "I was wrong." Not that maybe to the investor-owned utility of the State that's a bad thing, but the thought of Mr. Falk here is that if he is picked by the Governor and he doesn't know the contents of the report, if he feels misled or betrayed -- the folks in Moncks Corner might be right in what they said down there. The folks in Horry County and Georgetown County might be right. Again, whether you have any intention of selling it or not, you're entitled to sell it -- you're entitled to shake things up. This reform-minded Governor that we have is fine to do that. But if you're telling the world that you're not going to sell it, but you're privately telling the investment community that you are, which is it? Again, Mr. Falk's words -- don't take mine alone.

Micromanagement was another concern that we looked at and we will get you a report soon. Mr. Falk himself says, "After reading the report, the Governor had put Santee Cooper through unnecessary turmoil. If he had admitted his goal in selling it and that he was wrong to do it, people might have viewed [Governor] Sanford's actions differently." And again, Mr. Falk's words, not mine. I am not up here to assail the Governor at all, but I am defending the actions of this Senate. I am defending the actions of the Judiciary Committee and particularly the subcommittee. After three months of appointment and everyone seems to be in accord that the five members can serve honorably and with integrity and get to the bottom of it -- three months go by before we hear the first suggestion that there might be conflicts of interest. And the point there was that we are getting to the truth. The truth that, unfortunately, many don't seem to want to embrace. They want to give it the stiff arm, and you'd be entitled to do that if you didn't have a Carl Falk telling all that's going on.

Regarding micromanagement, though, Mr. Falk says, "That even the Governor's defense of those individuals leads me to believe that, if he is not leading those actions, he is at least supporting those actions." Does Carl Falk support S. 573 -- a board member who served well from December until last week? Yes, he did. As a whole, he said, "I support the legislation."

The question here that we kind of started in January with is -- what is the future of Santee Cooper? What is the future of the co-ops in South Carolina. This was started before I was a glimmer in my parents' eyes. This was started before even those of you with a little gray in your hair, or even no hair. It started before you were a glimmer in someone's eye. Rural electrification is not a South Carolina idea, it was a federal idea, and it was an idea that worked. If you had heard the people across the three counties we heard, they said it was good and it continues to be good. But for the co-ops, John Rainey said, BMW may likely have not chosen South Carolina because an investor-owned utility was squeamish about providing the rates they needed to operate. Alumaz, Nucor Steel, the Gypsum Plant and Georgetown Steel itself, Mr. Rainey issued reports and articles that suggested that the impact in South Carolina was not in the millions, but in the billions -- correct me if I am wrong -- the impact of Santee Cooper and its current purpose of driving economic development in South Carolina you cannot argue with. Is it an idea whose time has come and gone, as one board member who has recently resigned said? And he, in his own words, wrote a free-lance essay to the investment community, unsolicited by anyone, saying to the world, it is an idea whose time has come and gone, like polio vaccinations under FDR. You cured it. Ain't no purpose anymore for Santee Cooper.

So, you look at micromanagement, you look at the question of selling, you look at the conduct of board members, you look at the bottom line -- was the General Assembly right? Was the Senate right to override? All I ask you to do is look at a board member who has served there, who was picked by the Governor and then was unpicked, and read his words. I don't think you will draw any conclusion but that we did the right thing and that the ship has been righted and will be right with what we've done here.

Senator HUTTO: Senator, as chairman of the subcommittee and one of the sponsors of S. 573, isn't it true that there was a lot of early guessing about why that Bill needed to be introduced and wasn't the General Assembly getting into something it didn't need to? Did you know that in the article when Mr. Falk was asked about that, he said "I do not believe the S. 573 legislation would have been necessary or would have come into play if the Governor had not been trying to micromanage Santee Cooper." That it is his opinion, is it not, that the reason we went forward with S. 573 is because of what was happening on the board, not something we created but something that was created by other people?

Senator RANKIN: Well, you remember that we were criticized for not doing something before. When Governor Hodges started this with the removal of Rainey, we were told, why didn't y'all wake up? I responded, I think correctly. The investment community didn't downgrade its credit outlook, the co-ops of South Carolina didn't start complaining, and we didn't hear any problem until of late. And Mr. Falk said it was not board members carrying out the work of Santee Cooper, it seemed to be board members carrying out an agenda. He said that, as was Hodges' removal of Rainey, so was the removal of these others a disservice of others.

I am going to wind it up. I just wanted to call attention to two more things. It is the sense on funding -- should the State be getting more money out of Santee Cooper? You heard John Rainey tell us that, if you went above the current levels, it would cost one set of customers -- that being the direct-serve customers, the residential and commercial customers in Horry, Georgetown and Berkeley Counties -- the law as we have passed it and as we have overridden the veto, says that cannot be greater than one percent. Still, there are some who say it should be upwards of 4 or 5 percent. Mr. Falk said, "You can't do that." And in that sense, if the State's getting the money, Mr. Falk says that the Governor is wrong on that point.

Finally, on oversight and screening, he supported it. He doesn't see this as a step backward but a step in advance, that we are advancing the cause of accountability and sunshine.

Please read the article. It is for your perusal. This is written by a fellow I had never met before and have not had a conversation with other than him being sworn under oath. Thank y'all very much.

On motion of Senator HUTTO, with unanimous consent, Senator RANKIN's remarks were ordered printed in the Journal.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Remarks by Senator McConnell

Approximately 18 months ago, I requested our Senate Judiciary Staff to compile a database reflecting every candidate in every judicial election contest since the implementation of legislative screening in 1975. Our staff spent in excess of 2,000 hours accumulating information on each of the 1,236 candidates from 1975-2004 as to: 1) race, 2) gender, and 3) whether the candidate had previous legislative experience.

From their accumulated database, I asked staff to analyze four issues:

1) What impact does a candidate's possessing or not possessing prior legislative experience have on a candidate's success (at both the screening and election stages)?

2) What impact does a candidate's race have on a candidate's success (at both the screening and election stages)?

3) What impact does a candidate's gender have on a candidate's success (at both the screening and election stages)?

4) Has the number of candidates running for each judicial office increased?

I hoped that the answers to these questions would allow us to debate the future of the selection of our judiciary within a context of facts, not assumptions.

I believe this data shows that our efforts at Judicial Selection Reform in the mid-1990's has been marked by some success but presents some continuing challenges.

The Successes:

1) Candidate Interest (the number of candidates running for open seats) has nearly doubled from an average of 2 candidates per judicial contest (from 1975-1996) to an average of 4 candidates per judicial contests (from 1997-2004). I believe this increase is confirmation of our efforts to break the tradition of these elections being brokered prior to the first candidate's application being filed.

2) Female candidate interest and success has markedly increased. In the period of 1975-1996, 6.62% of all candidates were female. From 1996-2004, 20.49% of all candidates were female. While these candidates' success is not yet on par with their male counterparts, the trend appears to be toward that result. However, there is a long way to go.

The Continuing Challenges:

3) While legislative experience is still a significant factor, the number of non-legislative candidates willing to take a shot has increased from 57.73% (1975-1996) to 84.95% (1997-2004). However, legislative experience does still have an impact at the time of election.

4) The most disturbing finding is that race does matter. Between 1975 and 1996, on average, 34.92% of African American candidates were elected in open seat contests. During the same period, 47.78% of Caucasian candidates were elected. Even taking into account the significant increase in the number of candidates per contest occurring after 1997, African American candidates failed to make progress. Since 1997, 10.76% of these African American candidates were successful while 26.96% of Caucasian (or other candidates) were successful.

I look forward to your and the public's review of the data as well as any input. This data has been posted today for review on the Legislature's website, under Citizens' Interests, a Statistical Study of Judicial Screening. I would hope that when we return in January we could address these challenges.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 916 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO COMMEND THE ATLANTIC INTRACOASTAL WATERWAY ASSOCIATION FOR ITS SIXTY YEARS OF SERVICE TO SOUTH CAROLINA AND THE NATION AND FOR ITS ENERGETIC AND CREATIVE RESPONSE TO THE CONTINUING NEEDS OF THE INTRACOASTAL WATERWAYS OF SOUTH CAROLINA.
l:\council\bills\gjk\20586sd05.doc

The Senate Resolution was adopted.

S. 917 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO CONGRATULATE THE PROGRAM MANAGEMENT GROUP OF THE SOUTH CAROLINA EMERGENCY RESPONSE TASK FORCE AND TO EXPRESS THE SINCERE GRATITUDE OF THE SENATE TO THESE MEN AND WOMEN WHO CREATED AND FORMED SOUTH CAROLINA TASK FORCE ONE, THE FIRST TYPE ONE URBAN SEARCH AND RESCUE TEAM TO ASSIST IN THE PROTECTION OF OUR STATE.
l:\council\bills\gjk\20618sd05.doc

The Senate Resolution was adopted.

S. 918 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE J. ROBERT "BOBBY" BRADHAM FOR A JOB WELL DONE AS CHAIRMAN OF THE BOARD OF PHARMACY AND TO WISH HIM BEST OF LUCK IN ALL FUTURE ENDEAVORS.
l:\s-res\rwc\007bobb.mrh.doc

The Senate Resolution was adopted.

S. 919 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION ENCOURAGING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, OCEAN AND COASTAL RESOURCE MANAGEMENT DIVISION, TO COLLABORATE WITH STAKEHOLDERS IN THE REGULATION OF CONSTRUCTION OF BRIDGES TO SMALL ISLANDS IN THE COASTAL MARSH IN DEVELOPING AND PROPOSING PERMANENT REGULATIONS TO PROTECT THE COASTAL AND ENVIRONMENTAL RESOURCES.
l:\council\bills\gjk\20609sd05.doc

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 920 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-70 SO AS TO PROVIDE THAT REQUIRED BACKFLOW PREVENTION DEVICES CURRENTLY REQUIRED TO BE TESTED MUST NOT BE REQUIRED TO BE TESTED MORE THAN ONCE EVERY TEN YEARS IF TEST RESULTS FOR A DEVICE ARE POSITIVE TWO CONSECUTIVE YEARS.
l:\council\bills\nbd\11909ac05.doc

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 921 (Word version) -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 48 OF TITLE 11 SO AS TO PROVIDE FOR ASSIGNMENTS OF ESCROW PAYMENTS UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT AND CREATE FINANCIAL INCENTIVES FOR MAKING ASSIGNMENTS OF ESCROW PAYMENTS; AND TO DESIGNATE SECTIONS 11-48-10 THROUGH 11-48-40 AS ARTICLE 1, CHAPTER 48 OF TITLE 11.
l:\council\bills\bbm\10974mm05.doc

Read the first time and referred to the Committee on Finance.

S. 922 (Word version) -- Senators Cromer, Reese, Bryant, Ritchie, Knotts and Verdin: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT FROM SALES TAX EFFECTIVE JULY 1, 2010, DURABLE MEDICAL EQUIPMENT PAID FOR BY MEDICAID AND MEDICARE FUNDS WHERE THE PAYMENT OF SALES TAX IS PROHIBITED AND TO REDUCE BY ONE PERCENT A FISCAL YEAR THE FIVE PERCENT STATE SALES AND USE TAX ON DURABLE MEDICAL EQUIPMENT.
l:\council\bills\ggs\22251htc05.doc

Read the first time and referred to the Committee on Finance.

S. 923 (Word version) -- Senators Ryberg, McConnell, Campsen and Martin: A BILL TO AMEND SECTION 56-5-6540 OF THE 1976 CODE, TO PROVIDE THAT FAILURE TO WEAR A SEATBELT IS ADMISSIBLE AS EVIDENCE OF FAILURE TO MITIGATE DAMAGES IN A CIVIL ACTION.
l:\s-res\wgr\002miti.kmm.doc

Read the first time and referred to the Committee on Judiciary.

S. 924 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 29-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIRS OR STORAGE OF ARTICLES AND SALE OF ARTICLES, SO AS TO PROVIDE THAT PROPRIETORS, OWNERS, OR OPERATORS OF TOWING COMPANIES, STORAGE FACILITIES, GARAGES, OR REPAIR SHOPS WHO PROVIDE ESTIMATES FOR REPAIRS MAY CAUSE ARTICLES LEFT IN THEIR SHOPS FOR AN ESTIMATE OF REPAIRS TO BE SOLD BY A MAGISTRATE IN THE COUNTY WHERE THE ESTIMATE OF REPAIRS WAS DONE.
l:\s-jud\bills\cromer\jud0097.rwc.doc

Read the first time and referred to the Committee on Judiciary.

S. 925 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND SECTION 62-3-911, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTITION OF UNDIVIDED INTERESTS IN AN ESTATE, SO AS TO GIVE ONE OR MORE OF THE HEIRS OR DEVISEES THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.
l:\council\bills\bbm\10757mm05.doc

Read the first time and referred to the Committee on Judiciary.

S. 926 (Word version) -- Senators Gregory, Ryberg, Martin, Verdin, Richardson, Bryant and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 38, TITLE 15 AS ARTICLE 1; BY ADDING ARTICLE 3, CHAPTER 38, TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGES FOR CIVIL ACTIONS ACT OF 2005", TO PROVIDE DEFINITIONS OF THE TERMS "ACTUAL ECONOMIC DAMAGES" AND "NONECONOMIC DAMAGES", AND TO PROVIDE THAT A PREVAILING PARTY IN A CIVIL ACTION MAY RECOVER ACTUAL ECONOMIC DAMAGES AND NONECONOMIC DAMAGES NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS; AND BY ADDING ARTICLE 5, CHAPTER 38, TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA PUNITIVE DAMAGES FOR CIVIL ACTIONS ACT OF 2005", TO PROVIDE DEFINITIONS OF THE TERMS "COMPENSATORY DAMAGES", "DEFENDANT", "FRAUDULENT", "MALICE", "PUNITIVE DAMAGES", AND "WILFUL OR INTENTIONAL CONDUCT", TO PROVIDE FOR THE APPLICATION OF THE ARTICLE TO ALL CLAIMS FOR PUNITIVE DAMAGES AND TO PROVIDE AN EXCEPTION; TO PROVIDE THAT PUNITIVE DAMAGES MAY BE RECOVERED ONLY IF CERTAIN AGGRAVATING FACTORS EXIST; TO PROVIDE THAT PUNITIVE DAMAGES MUST BE DETERMINED AND STATED SEPARATELY FROM COMPENSATORY DAMAGES; TO PROVIDE THAT PUNITIVE DAMAGES ARE LIMITED TO NOT EXCEEDING THREE TIMES THE AMOUNT OF COMPENSATORY DAMAGES OR THREE HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS LESS; AND TO PROVIDE PROCEDURES FOR DETERMINING WHETHER PUNITIVE DAMAGES MAY BE AWARDED.
l:\council\bills\ms\7587ahb05.doc

Read the first time and referred to the Committee on Judiciary.

S. 927 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILING TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A PERSON WALKING ALONG A ROAD, STREET, OR HIGHWAY, OR ANY OTHER FORM OF TRANSPORTATION TRAVELING ALONG A ROAD, STREET, OR HIGHWAY, TO REVISE THE PENALTY FOR A FIRST OFFENSE WHERE NO GREAT BODILY INJURY OR DEATH RESULTED FROM THE VIOLATION, AND TO DELETE THE PROVISION THAT PROVIDES THAT A PERSON'S RECORD OF ARREST AND CONVICTION MAY BE EXPUNGED.
l:\council\bills\ggs\22256cm05.doc

Read the first time and referred to the Committee on Transportation.

S. 928 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 56-3-8800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF WORLD WAR II VETERANS SPECIAL LICENSE PLATES, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE A CERTAIN NUMBER OF PREPAID APPLICATIONS FOR THIS SPECIAL LICENSE PLATE OR A DEPOSIT FROM THE INDIVIDUAL OR ORGANIZATION SEEKING ISSUANCE OF THIS LICENSE PLATE AND A PLAN TO MARKET THE SALE OF THIS SPECIAL LICENSE PLATE BEFORE IT PRODUCES AND DISTRIBUTES THIS SPECIAL LICENSE PLATE, AND THE PROVISION THAT REQUIRES THE DEPARTMENT NOT TO PRODUCE ADDITIONAL LICENSE PLATES IN THIS SERIES IF IT RECEIVES LESS THAN THREE HUNDRED BIENNIAL APPLICATIONS AND RENEWALS OF THIS SPECIAL LICENSE PLATE.
l:\council\bills\swb\6593cm05.doc

Read the first time and referred to the Committee on Transportation.

S. 929 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO PROVIDE FOR THE METHOD OF ELECTION OF THE SCHOOL BOARD MEMBERS AND THE REQUIREMENTS FOR A CANDIDATE FOR SUCH OFFICE.
l:\council\bills\bbm\10722sj05.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 930 (Word version) -- Senators Drummond, Thomas and Leatherman: A SENATE RESOLUTION TO RECOGNIZE AND REMEMBER THE GROUP OF SENATORS AFFECTIONATELY KNOWN AS "DRUMMOND'S RENEGADES" WHO DURING THE 1980'S GAINED MUCH RECOGNITION AS A COUNTERWEIGHT TO THE ESTABLISHED SENATE LEADERSHIP AT THAT TIME.
l:\council\bills\gjk\20616sd05.doc

Senators DRUMMOND, LEVENTIS, THOMAS and J. VERNE SMITH spoke on the Resolution.

The Senate Resolution was adopted.

S. 931 (Word version) -- Senators Rankin and Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 9 BY-PASS IN HORRY COUNTY THE "JAMES P. STEVENS, SR. MEMORIAL BY-PASS" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY CONTAINING THE WORDS "JAMES P. STEVENS, SR. MEMORIAL BY-PASS".
l:\council\bills\swb\5760cm04.doc

The Concurrent Resolution was adopted, ordered sent to the House.

S. 932 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO COMMEND JAMES B. JOHNSON, JR., DIRECTOR OF THE SOUTH CAROLINA STATE LIBRARY, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-THREE YEARS OF SERVICE AND TO WISH HIM BEST OF LUCK IN ALL OF HIS FUTURE ENDEAVORS.
l:\s-res\jym\001jame.mrh.doc

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3703 (Word version) -- Reps. Vaughn, Loftis, Haskins, Davenport, Altman, Bailey, Bales, R. Brown, Cato, Ceips, Cooper, Herbkersman, Littlejohn, Rhoad, Rice, Walker, Leach and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275, SO AS TO REPLACE CALCULATION AND IMPOSITION OF A ROLLBACK PROPERTY TAX MILLAGE RATE FOR REASSESSMENT YEARS WITH A REASSESSMENT YEAR MILLAGE RATE CALCULATED TO PRODUCE NO MORE THAN ONE PERCENT ADDITIONAL PROPERTY TAX REVENUE THAN SUCH REVENUE IN THE PRECEDING YEAR; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO MILLAGE RATE LIMITATIONS ON LOCAL GOVERNING BODIES, SO AS TO DELETE AUTHORIZATION FOR MILLAGE RATE INCREASES EQUAL TO INCREASES IN THE CONSUMER PRICE INDEX WITHOUT A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY; AND TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING MILLAGE AND CALCULATION OF THE ROLLBACK TAX SO AS TO DELETE THE ROLLBACK TAX PROVISIONS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

Read the first time and referred to the Committee on Finance.

H. 4078 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts, Cotty, Clark, Viers, Rivers, Bowers, Hosey, Anderson, G. Brown, Leach, W. D. Smith, Rhoad, Bailey, Bales, Branham, Breeland, R. Brown, Chellis, Clyburn, Jefferson, Merrill, Neilson, Simrill, Sinclair and Young: A BILL TO AMEND SECTION 59-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF EDUCATIONAL INSTITUTIONS ON GENERAL ELECTION DAY, SO AS TO PROVIDE THAT UPON A MAJORITY VOTE OF THE BOARD OF TRUSTEES EACH SCHOOL DISTRICT MAY CHOOSE TO CLOSE ON GENERAL ELECTION DAY EACH YEAR.

Read the first time and referred to the Committee on Education.

H. 4247 (Word version) -- Reps. Mack, Breeland, Whipper, R. Brown, Limehouse, Harrell, Altman, Hagood and Scarborough: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LUCILLE S. WHIPPER INTERCHANGE".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4265 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 3 AND FRIDAY, NOVEMBER 4, 2005, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 2, 2005, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

REPORT OF STANDING COMMITTEE

Senator RYBERG from the Committee on Transportation polled out H. 3895 favorable:

H. 3895 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Poll of the Transportation Committee
Polled 17; Ayes 16; Nays 0; Not Voting 1

AYES

Ryberg                    Land                      Leatherman
McGill                    Rankin                    Grooms
Richardson                Hawkins                   Verdin
Drummond                  Malloy                    Knotts
Short                     Pinckney                  Campsen
Cleary

Total--16

NAYS

Total--0

NOT VOTING

Elliott

Total--1

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3107 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH MUST BE DETERMINED BY THE GOVERNING BODY, AND TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO THE AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF THE AGREEMENT; BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING MAY EMPLOY INSIDE OR OUTSIDE COUNSEL TO ADVISE IT OR REPRESENT IT IN ANY MATTER EXCEPT A LITIGATION MATTER WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN DEVELOPING THE APPLICATION AND REVIEW PROCESS FOR TECHNOLOGY GRANTS FROM THE EDUCATION LOTTERY ACCOUNT FOR FOUR-YEAR PUBLIC INSTITUTIONS SHALL DEVELOP A FORMULA FOR THE ALLOCATION OF THESE GRANTS WHICH IS NOT COMPETITIVELY BASED IN ORDER TO PERMIT MULTI-YEAR INVESTMENT APPROACHES; AND TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3984 (Word version) -- Reps. Leach, Haskins, G.M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E.H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4196 (Word version) -- Reps. G.M. Smith, Weeks and Owens: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BARTLETTE STREET IN THE CITY OF SUMTER FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH HARVIN STREET "W. A. (BUBBA) MCELVEEN STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "W. A. (BUBBA) MCELVEEN STREET".
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3108 (Word version) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3582 (Word version) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR ILLEGAL OR ILLICIT DRUGS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Cotty, Kirsh and Merrill to the Committee of Free Conference on the part of the House on:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

S. 165-REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MARTIN spoke on the report.

On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Free Conference was adopted as follows:

S. 165 -- Free Conference Report
The General Assembly, Columbia, S.C., June 1, 2005

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 05/06/05--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1636. (A) A person licensed by this article for sale and use for on-premises consumption shall purchase alcoholic liquor for sale by the drink from a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act in any size bottle, except 1.75 liter size bottles.

(B) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in any size bottle, except 1.75 liter size bottles, to a person licensed by this article to sell alcoholic liquors for on-premises consumption.

Section 61-6-1637. A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both."

SECTION 2. Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2430. A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license."

SECTION 3. Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245. (A) In ~~lieu of~~ addition to taxes imposed ~~under~~ pursuant to the provisions of Sections 12-33-230, ~~and~~ 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.

(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. ~~Counties~~ A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.

(C) Those state agencies and local entities, including counties, which are allocated and receive by law minibottle tax revenues in fiscal year 2003-04 for education, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2003-04. If these state agencies and local entities do not, the difference must be made up from the general fund within sixty days after the close of each fiscal year."

SECTION 4. Section 12-36-90(2) of the 1976 Code, as last amended by Act 237 of 2004, is further amended by adding an appropriately lettered subitem to read:

"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."

SECTION 5. Section 61-4-120 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors ~~in minibottles~~ by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section."

SECTION 6. Section 61-4-570 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-570. Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors ~~in minibottles~~ by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."

SECTION 7. Section 61-4-770 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-770. Wines containing more than sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors ~~in minibottles~~ by the drink."

SECTION 8. Section 61-4-1720 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-1720. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises ~~in minibottles~~ by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."

SECTION 9. Section 61-6-20(1) of the 1976 Code is amended to read:

"(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture ~~thereof~~ of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:

~~(a)~~(i) wine when manufactured or made for home consumption and which is not sold by the maker ~~thereof~~ of the wine or by another person; or

~~(b)~~(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating;.

(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."

SECTION 10. Section 61-6-20(5) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(5) 'Minibottle' means a sealed container of ~~two ounces~~ fifty milliliters or less of alcoholic liquor."

SECTION 11. Section 61-6-185 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-185. (A) A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest ~~setting forth~~ providing:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law ~~Judge Division~~ Court.

(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law ~~Judge Division~~ Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law ~~Judge Division~~ Court.

(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."

SECTION 12. Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used ~~solely~~ only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department ~~under~~ pursuant to the provisions of this title must be revoked.

The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors ~~in minibottles under~~ by the drink pursuant to the provisions of Article 5 of this chapter. ~~Establishments~~ An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section ~~if only liquors in minibottles are used in the food preparation~~."

SECTION 13. Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:

"Section 61-6-1500. (A) No A retail dealer may not:

(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

~~(2)~~ ~~own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;~~

~~(3)~~ notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

~~(4)~~ sell, barter, exchange, give, ~~transfer, or deliver,~~ or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, ~~transfer, or delivery~~ of alcoholic liquors without regard to the size of the container:

(a) between the hours of 7:00 p.m. and 9:00 a.m.;

(b) for consumption on the premises;

(d) to an intoxicated person; or

(e) to a mentally incompetent person;

~~(5)~~(2) permit the drinking of alcoholic liquors in his store or place of business;

~~(6)~~(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or

~~(7)~~(4) redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours a retail ~~dealers are~~ dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1) ~~The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:~~

~~(a)~~ ~~minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or~~

~~(b)~~ ~~minibottles sold for consumption on commercial aircraft engaged in interstate commerce.~~

~~(2)~~ It is unlawful for a person licensed to sell alcoholic liquors ~~under~~ pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle ~~a minibottle~~.

(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(3) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(4) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.

~~(3)~~(C) A retail dealer must keep a record of all sales of alcoholic liquors sold ~~in minibottles~~ to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.

~~(4)~~(D) It is unlawful to sell ~~minibottles~~ alcoholic liquors except during lawful hours of operation.

~~(5)~~ A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, 'a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser."

SECTION 14. Section 61-6-1540 of the 1976 Code is amended to read:

"Section 61-6-1540. (A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:

(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;

(2) nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and

(3) lottery tickets under the provisions of Chapter 150 of Title 59.

(B) Retail dealers licensed ~~under the ABC Act~~ pursuant to the provisions of this article may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than ~~fourteen~~ sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors ~~in minibottles~~ by the drink. The provisions of this section must not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes."

SECTION 15. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended to read:

"Article 5
Regulation of Alcoholic Liquors ~~in Minibottles~~
Subarticle 1
Biennial ~~Minibottle~~ Licenses and Licensees

Section 61-6-1600. (A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors ~~in minibottles~~ by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold ~~in minibottles~~ by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.

(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license.

Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold ~~in minibottles~~ by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:

(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and

(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors by the drink, which is ~~conspicuously~~ displayed conspicuously on the main entrance to the premises and clearly visible from the outside.

(B) Notwithstanding ~~any other~~ another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors ~~in minibottles~~ by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.

(C) An establishment licensed ~~under~~ pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 ~~if only liquors in minibottles are used in the food preparation~~.

(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license.

(E) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.

(F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(G) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.

Section 61-6-1620. (A) This article ~~must not be construed to authorize~~ authorizes the possession or consumption of alcoholic liquors ~~in containers other than minibottles~~ on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.

(B) Alcoholic liquors may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.

Section 61-6-1630. ~~(A)~~ Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.

~~(B)~~ ~~No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises~~ A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises.

Section 61-6-1640. Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:

(1) the establishment must have a permanent seating capacity of fifty or more persons;

(2) samples may not be offered from more than four products at any one time;

(3) the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;

(4) samples must be less than one-half ounce for each product sampled;

(5) a person may not be served more than one sample of each product;

(6) sampling may not be offered for more than four hours;

(7) at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;

(8) a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;

(9) a licensed establishment may not offer more than one sampling each day; and

(10) the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler."

SECTION 16. Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-1825. (A) A person residing in the county in which a ~~minibottle~~ license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a ~~minibottle~~ permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest ~~setting forth~~ providing:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law ~~Judge Division~~ Court.

(B) Upon receipt of a timely filed protest, the department ~~shall~~ must determine the protestant's intent to attend a contested hearing before the Administrative Law ~~Judge Division~~ Court. If the protestant intends to attend a contested hearing, the department ~~may~~ must not issue the permanent license but ~~shall~~ must forward the file to the Administrative Law ~~Judge Division~~ Court.

(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."

SECTION 17. Section 61-6-2000 of the 1976 Code is amended to read:

"Section 61-6-2000. In addition to the ~~minibottle~~ licenses authorized ~~under~~ pursuant to the provisions of subarticle 1 of this article, the department also may ~~also~~ issue a temporary license for a period not to exceed twenty-four hours to a nonprofit ~~organizations~~ organization which authorizes ~~these organizations~~ an organization to purchase and sell at a single social occasion alcoholic liquors ~~in minibottles~~ by the drink. Notwithstanding ~~any other~~ another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors ~~in minibottles~~ from licensed retail dealers in the same manner that ~~persons~~ a person with a biennial ~~minibottle licenses~~ license is issued pursuant to the provisions of subarticle 1 of this article are authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized ~~under~~ pursuant to the provisions of this section is within the ~~sole~~ discretion of the department."

SECTION 18. Section 61-6-2005(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:

"(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink from a holder of a license to sell alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:

(1) ~~the applicant~~ currently holds a valid license to sell alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink; or

(2) ~~the applicant~~ has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."

SECTION 19. Section 61-6-2010 of the 1976 Code is amended to read:

"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;

(f) contributions to a redevelopment authority pursuant to ~~Section 31-12-10, et seq.~~ Chapter 12, Title 31;

(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;

(h) nourishment, renourishment (resanding), and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1) ~~Permits~~ A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the ~~permits~~ permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall be one of the following:

(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or

(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or

(c) in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses ~~of any such~~ for a referendum for this purpose must be paid by the county or municipality conducting the referendum.

(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors ~~in sealed containers of two ounces or less~~ by the drink in the following circumstances:

(a) parts of the municipality are located in more than one county;

(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and

(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.

(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."

SECTION 20. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Subarticle 7

Provisions Relating to Sales, Delivery, and Consumption of Liquor ~~in Minibottles~~

Section 61-6-2200. No A person may not serve or deliver to a purchaser alcoholic liquors ~~in minibottles~~ by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.

Section 61-6-2210. ~~The purchaser must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.~~ Reserved.

Section 61-6-2220. No person or establishment licensed to sell alcoholic ~~beverages~~ liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.

Section 61-6-2230. (A) No person licensed to sell alcoholic ~~beverages~~ liquors or liquor by the drink pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'.

(B) For purposes of this section, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."

SECTION 21. Section 61-6-2400 of the 1976 Code is amended to read:

"Section 61-6-2400. Alcoholic liquors sold ~~in minibottles~~ by the drink must be taxed pursuant to Chapter 33 of, Title 12."

SECTION 22. Section 61-6-2420 of the 1976 Code is amended to read:

"Section 61-6-2420. This article does not authorize a Class B Restaurant to sell, dispense, barter, or trade in ~~minibottles~~ alcoholic liquors by the drink. The law controlling Class B Restaurants in reference to the sale or dispensing of alcoholic liquors is not affected in any manner."

SECTION 23. Section 61-6-2600 of the 1976 Code is amended to read:

"Section 61-6-2600. A Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions ~~thereof~~ of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12 or who violates ~~any other~~ another provision of this article must:

(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;

(4) for a violation involving the avoidance of taxes, ~~a fine of~~ be fined not less than one thousand dollars and permanent revocation of his license."

SECTION 24. (A)(1) A study committee must be created to examine the delivery and distribution of alcoholic liquors by licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act and shall issue a report on its findings. The study committee consists of six members to be appointed as follows:

(a) three members to be appointed by the President Pro Tempore of the Senate, and

(b) three members to be appointed by the Speaker of the House of Representatives.

(2) The Chairman of the Senate Judiciary Committee shall provide appropriate staff for the Senate members and the Chairman of the House Judiciary Committee shall provide appropriate staff for the House members.

(B) The study committee shall report its findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than the second Tuesday of January 2007 and terminates when the report is made.

(C) The purpose of the report is to enable the General Assembly to consider the findings of the study committee and to determine if the findings should be adopted and if state laws should be amended.

SECTION 25. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.

SECTION 26. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 27. This act takes effect on January 1, 2006, except that beginning on July 1, 2005, or upon approval of this act by the Governor, whichever is the earlier date, a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in minibottles to a person licensed under the provisions of Article 5, Chapter 6, Title 61 of the 1976 Code for sale for on-premises consumption. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act. /

Amend title to conform.

/s/Sen. Larry A. Martin           /s/Rep. Bill Cotty
/s/Sen. John M. "Jake" Knotts, Jr.   /s/Rep. Herb Kirsh
/s/Sen. Vincent A. Sheheen        /s/Rep. James H. Merrill
On Part of the Senate.                   On Part of the House.

, and a message was sent to the House accordingly.

S. 165--SENATE ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

S. 618--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)

On motion of Senator ALEXANDER, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators ALEXANDER, SETZLER and RYBERG were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator ALEXANDER, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator ALEXANDER spoke on the report.

On motion of Senator ALEXANDER, with unanimous consent, the Report of the Committee of Free Conference was adopted as follows:

S. 618 -- Free Conference Report
The General Assembly, Columbia, S.C., June 1, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version .)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ PART I
Citation

SECTION 1. This act may be cited as the State Retirement System Preservation and Investment Reform Act.

PART II
Contributions - TERI Adjustments - COLAS - Leave

SECTION 1. A. Section 8-11-620(A) of the 1976 Code, as amended by Act 356 of 2002, is further amended to read:

"(A)(1) Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but ~~in no event shall such~~ this combination may not exceed forty-five days in a calendar year except as provided ~~for~~ in Section 8-11-610. If an employee dies, ~~his~~ the employee's legal representative ~~shall be~~ is entitled to a lump-sum payment for ~~his~~ the employee's unused leave, not to exceed forty-five working days, except as provided ~~for~~ in Section 8-11-610.

(2) Upon retirement from state employment, ~~or upon the death of an employee~~ if the member does not elect to participate in the Teacher and Employee Retention Incentive Program, a lump-sum ~~payment will be made~~ must be paid for unused leave, not to exceed forty-five days, unless a higher maximum is approved ~~under the provisions of~~ pursuant to Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.

(3) Upon retirement from state employment, if the employee participates in the Teacher and Employee Retention Incentive Program, the employee shall not receive payment for unused annual leave until the employee terminates from state employment and ends participation in the Teacher and Employee Retention Incentive Program. Upon termination of state employment and participation in the Teacher and Employee Retention Incentive Program, a lump-sum must be paid for unused leave, not to exceed forty-five days, unless a higher maximum is approved pursuant to Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.

(4) No lump-sum for unused leave of a state employee must be paid following the termination for any reason from state employment of that employee if, while employed, that employee received a service retirement benefit on account of previous service under retirement systems established in Chapters 1 and 11 of Title 9."
B. The provisions of Section 8-11-620(A) of the 1976 Code, as amended by this act, apply for employees beginning participation in the TERI program after June 30, 2005, and retirees hired by the State after June 30, 2005.

SECTION 2. Section 9-1-2210 of the 1976 Code, as added by Act 1 of 2001, is amended to read:

"Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system~~, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins~~. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.

(B) After June 30, 2005, and notwithstanding the provisions of Section 9-1-10(4), a payment for unused annual leave is not included in calculating a member's deferred program benefit during the program period. The member's average final compensation for the purpose of calculating the deferred program retirement benefit must be solely the average of the member's highest twelve consecutive quarters of earnable compensation at the time the member enters the program. During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.

(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. The program participant shall pay to the system the employee contribution as if the program participant were an active contributing member, but the program participant does not accrue additional service credit in the system for these employer and employee contributions. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.

(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant ~~makes no further employee contributions to the system, accrues no service credit during the program period, and~~ is not eligible to receive ~~group life insurance benefits or~~ disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.

(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee except for grievance rights pursuant to Section 8-17-370, and is not subject to the earnings limitation of Section 9-1-1790 during the program period.

(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:

(1) a lump-sum distribution, paying appropriate taxes; or

(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.

For members who began participation in the program before July 1, 2005, the member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.

Upon termination of employment of members who began participation in the program after June 30, 2005, the Retirement Systems shall recalculate the average final compensation of the member to determine the benefit the member receives after participation in the program. The average final compensation calculated at the commencement of the program must be increased by an amount up to and including forty-five days' termination pay for unused annual leave received by the member at termination of employment, divided by three. The member's benefit after participation in the program must be calculated in accordance with Section 9-1-1550, utilizing the recalculated average final compensation determined in this subsection, and the member's service credit, including sick leave, as of the date the member began participation in the program, plus any cost-of-living increases declared during the program period with respect to the amount of the member's deferred program benefit.

(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:

(1) a lump-sum distribution, paying appropriate taxes; or

(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.

In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.

If a program participant who began participation in the program before July 1, 2005, elected either Option B or Option C under Section 9-1-1620, the average final compensation calculated when the member commenced the program must be used in determining the survivor benefit.

If a program participant who began participation in the program after June 30, 2005, elected either Option B or C under Section 9-1-1620, then the designated survivor beneficiary shall receive a survivor benefit based on a recalculated average final compensation. The average final compensation calculated at the commencement of the program must be increased by an amount up to and including forty-five days termination pay for unused annual leave received by the member's legal representative at the member's death, divided by three. The survivor benefit must be calculated in accordance with Section 9-1-1550, utilizing the recalculated average final compensation determined in this subsection, and the member's service credit, including sick leave, as of the date the member began participation in the program, plus any cost-of-living increases declared during the program period with respect to the amount of the member's deferred program benefit.

(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:

~~(1)~~ ~~a lump-sum distribution, paying appropriate taxes; or~~

~~(2)~~ ~~to the extent permitted under law, a tax sheltered rollover into an eligible plan.~~

A program participant shall terminate employment no later than the day before the fifth annual anniversary of the date the member commenced participation in the program.

(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."

SECTION 3. A. Items (14), (15), and (16) of Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, are further amended to read:

"(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision; ~~and~~

(15) presidents of the South Carolina Technical College System.;

(16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and"
B. Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new item at the end to read:

"(17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program."
C. Notwithstanding the provisions of Section 9-1-2210(E) of the 1976 Code, as amended by this part, the provisions of Section 8-17-370(17) of the 1976 Code, as added by subsection B. of this section, apply for persons becoming TERI program participants after the ratification date of this act.

SECTION 4. The third undesignated paragraph of Section 9-1-1020 of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:

"The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members, five percent of earnable compensation and, in the case of Class Two members, six percent of earnable compensation. The rates of the deductions, without regard to a member's coverage under the Social Security Act, must be the percentage of earnable compensation as provided in the following schedule:

Class One Class Two

Before July 1, 2005 5 6

July 1, 2005 through

June 30, 2006 5.25 6.25

After June 30, 2006 5.50 6.50"

SECTION 5. A. Article 9, Chapter 1 of Title 9 of the 1976 Code is amended by adding:

"Section 9-1-1175. Effective July 1, 2006, the board shall increase the employer contribution rate for the system by one-half percent of the earnable compensation of all members employed by an employer participating in the system. The board shall further increase the employer contribution rate by one-half percent effective July 1, 2007. The employer rate provided in this section also applies to payments for unused annual leave under the circumstances provided in Section 9-1-1020. The employer rate provided in this section includes the system's normal contribution rate and accrued liability contribution rate, but does not include contributions for group life insurance or other benefits that are remitted to the retirement systems. Contributions for group life insurance or other benefits are in addition to the applicable employer contribution rate. After June 30, 2007, the board, in its discretion, may increase or decrease the employer contribution rate set by this section based on the actuarial valuation provided to the board by the system's actuaries and considering the normal contribution rate determined pursuant to Section 9-1-1060 and the accrued liability contribution rate determined pursuant to Section 9-1-1070."
B. Section 9-20-50 of the 1976 Code, as amended by Act 54 of 2001, is further amended to read:

"Section 9-20-50. Each participant shall contribute monthly to the program the same amount he would be required to contribute to the South Carolina Retirement System if the participant were a member of that system. Participant contributions must be made by employer pick up in accordance with Section 9-1-1160(B) and any applicable provisions of the Internal Revenue Code of 1986. Each employer shall contribute on behalf of each participant five percent of compensation. Deductions must not be made from this five percent contribution. Each employer shall remit to the designated companies, for application to participants' contracts or accounts, or both, an amount equal to the participant's contribution plus the employer's contribution in accordance with the guidelines established by the Internal Revenue Service for payroll tax remittance. The employer shall remit to the retirement system ~~two and fifty-five hundredths percent~~ the percentage of the employee's compensation that is the difference between the system employer contribution rate set in Section 9-1-1175 and the five percent allocated to member accounts in this section, in accordance with the guidelines established for remitting retirement contributions to the South Carolina Retirement System. The South Carolina Retirement System may retain from this employer contribution an amount as determined by the director to defray any reasonable expenses incurred in performing services regarding the plan. These services may include, but are not limited to:

(1) participant education regarding the merits and risks associated with selection of defined contribution plans versus defined benefit plans;

(2) on-going investment education, where appropriate;

(3) recordkeeping; and

(4) monitoring contract compliance."
C. Sections 9-1-1200 and 9-1-1220 of the 1976 Code are repealed effective July 1, 2006.

SECTION 6. Section 9-1-1770 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:

"Section 9-1-1770. (A) ~~Effective July 1, 1968,~~ There ~~shall be~~ is created the Preretirement Death Benefit Program~~, which shall be effective as of that date to~~ for all employers under the system except counties, municipalities, ~~and~~ other political subdivisions, ~~as well as those~~ and those state departments, agencies, or other institutions which pay directly to the system the total employer contributions for the participating members in their employ.

(B) The program ~~shall be~~ is available to those employers exempted in ~~the preceding paragraph~~ subsection (A) by written application of ~~such~~ the employer. An application ~~shall be~~ is an irrevocable commitment to participate under the program. ~~For applications received by the System prior to October 1, 1968, the effective date of the coverage shall be July 1, 1968. For all other applications the~~ Applications are effective ~~date shall be~~ July first next following the date of receipt by the system of the application.

(C)(1) Upon receipt of proof, satisfactory to the board, of the death of: (a) a contributing member in service who had completed at least one full year of membership in the system or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, or (b) a retired contributing member of the system, there must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant to Section 9-1-1650, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the member's accumulated contributions on his death pursuant to Sections 9-1-1650 or 9-1-1660.

(2) For purposes of this ~~section~~ subsection, a member described in item (1)(a) is considered to be in service at the date of his death if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired.

(3) For purposes of this subsection, a member described in (1)(b) is considered a retired contributing member if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and paying retirement system contributions whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death.

(D) The board ~~is authorized to~~ may take ~~such~~ the action ~~as may be~~ necessary to provide the death benefit under this section in the form of group life insurance upon a determination that to do so would guarantee a more favorable tax treatment of the benefit to beneficiaries to whom ~~such~~ the benefit is payable.

(E) Upon the death of a retired member who is not a retired contributing member after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of ~~one~~ two thousand dollars if the retired member had ten years of creditable service but less than twenty years, ~~two~~ four thousand dollars if the retired member had twenty years of creditable service but less than twenty-eight, and ~~three~~ six thousand dollars if the retired member had at least twenty-eight years of creditable service at the time of retirement, ~~provided~~ if the retired member's most recent employer, ~~prior to~~ before the member's retirement, is covered by the Group Life Insurance Program.

Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars, two thousand dollars is increased to four thousand dollars, and three thousand dollars is increased to six thousand dollars."

SECTION 7. Section 9-1-1790 of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"Section 9-1-1790. (A) A retired member of the system who has been retired for at least ~~sixty~~ fifteen consecutive calendar days may be hired and return to employment covered by ~~the~~ this system or any other system provided in this title ~~and earn up to fifty thousand dollars a fiscal year~~ without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by ~~the~~ this system or any other system provided in this title sooner than ~~sixty~~ fifteen days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.

(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.

(C) A retired member shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this subsection and subsection (B) of this section.

(D) A retired member of the South Carolina Retirement System who is not a member of the Police Officers Retirement System, but is employed in a position that would otherwise be covered by the Police Officers Retirement System, shall not join the Police Officers Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the South Carolina Retirement System and shall remit the employee contributions required under subsection (C) of this section to the South Carolina Retirement System and the employer shall remit to the South Carolina Retirement System the employer contribution required by subsection (B). An employer who hires a retiree of the South Carolina Retirement System pursuant to this subsection shall elect to participate as an employer in the South Carolina Retirement System."

SECTION 8. Section 9-1-1810 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:

"Section 9-1-1810. (A) As of the end of each calendar year, the increase in the ratio of the Consumer Price Index to the index as of the prior December thirty-first must be determined,. ~~and~~

(B)(1) If the ~~increase equals or exceeds four~~ Consumer Price Index as determined pursuant to subsection (A) of this section increases by no more than one percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance must be increased by ~~four percent. If the increase in the index is less than four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by~~ a percentage equal to the increase in the index.

(2) If the Consumer Price Index as determined pursuant to subsection (A) of this section increases by more than one percent, then:

(a) the retirement allowance of each beneficiary in receipt of an allowance, inclusive of the supplement allowances payable under the provisions of Section 9-1-1910, 9-1-1920, and 9-1-1930, must be increased by one percent; and

(b) the retirement allowance may be further increased beyond one percent up to the lesser of the total percentage increase in the Consumer Price Index or four percent, to the extent that the additional liabilities because of the increase in allowances would not extend the amortization period to liquidate the unfunded actuarial accrued liability of the South Carolina Retirement System beyond thirty years. In considering this additional increase, the board shall consider unrealized investment gains and losses.

(C) The increase in retirement allowances commences the July first immediately following the December thirty-first that the increase in ratio was determined, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. ~~Any increase in allowances is effective only if the additional liabilities because of the increase in allowances do not require an increase in the total employer rate of contribution.~~ Any increase in allowance granted pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.

(D) The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.

(E) For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."

SECTION 9. Section 9-11-90(4) of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new item at the end to read:

"(c) A retired member shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this item and item (b) of this subsection.

(d) A retired member of the Police Officers Retirement System who is not a member of the South Carolina Retirement System, but is employed in a position that would otherwise be covered by the South Carolina Retirement System, shall not join the South Carolina Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the Police Officers Retirement System and shall remit the employee contributions required under item (c) of this subsection to the Police Officers Retirement System and the employer shall remit to the Police Officers Retirement System the employer contribution required by item (b). An employer who hires a retiree of the Police Officers Retirement System pursuant to this subsection shall elect to participate as an employer in the Police Officers Retirement System."

SECTION 10. Section 9-11-120 of the 1976 Code, as last amended by Act 1 of 2001, is further amended to read:

"(A) ~~Effective July 1, 1968,~~ There ~~shall be~~ is created the Preretirement Death Benefit Program, ~~which shall be effective as of that date to~~ for all employers under the system except counties, municipalities, and other political subdivisions, as well as those state departments, agencies, or institutions which pay directly to the system the total employer contributions for the participating members in their employ.

(B) The program ~~shall be~~ is available to those employers exempted in the preceding ~~paragraph~~ subsection by written application of ~~such~~ the employer. Applications ~~shall be~~ are an irrevocable commitment to participate under the program. ~~For applications received by the system prior to October 1, 1968, the effective date of the coverage shall be July 1, 1968. For all other~~ Applications ~~the~~ are effective ~~date shall be~~ July first next following the date of receipt by the system of the application.

(C)(1) Upon proof satisfactory to the board of the death of: (a) a contributing member in service after completion of at least one full year of membership or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, whose employer is participating in the program,; or (b) a retired contributing member of the system, there must be paid to the person he nominated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, pursuant to Section 9-11-110, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the amount provided by Section 9-11-110.

(2) For purposes of this section a member described in item (1)(a) of this subsection is considered to be in service at the date of his death if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired.

(3) For purposes of this section, a member described in item (1)(b) of this subsection is considered a retired contributing member if the last day the member was employed in a continuous, regular pay status, while earning regular or unreduced wages and paying retirement system contributions whether the member was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death.

(D) Notwithstanding any other provision of law, contributions to support the Preretirement Death Benefit Program ~~shall be~~ must be made by participating employers to a separate account. The contributions ~~shall~~ commence on the July first following the effective date of coverage and ~~shall be~~ must equal to one percent of the compensation of eligible members, provided that ~~such~~ this rate of contribution ~~shall be~~ is subject to periodic adjustment on the basis of actual experience and the recommendation of the actuary. All death benefit payments made under this program ~~shall be~~ are a charge against this account.

(E) The board ~~is authorized~~ may take ~~such~~ the action ~~as may be~~ necessary to provide the death benefits under this section in the form of group life insurance upon a determination that to do so would guarantee a more favorable tax treatment of the benefit to beneficiaries to whom ~~such~~ the benefit is payable.

(F) Upon the death of a retired member on or after July 1, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, four thousand dollars if the retired member had twenty years of creditable service but less than twenty-five, and six thousand dollars if the retired member had at least twenty-five years of creditable service at the time of retirement, if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."

PART III
Medical Board

SECTION 1. Section 9-1-10(17) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(17) [Reserved] ~~'Medical board' means the board of physicians provided for in Section 9-1-220.~~"

SECTION 2. Section 9-9-10 of the 1976 Code is amended by deleting item (16) which reads:

"(16) 'Medical board' shall mean the board of physicians provided for in Section 9-9-35."

SECTION 3. Section 9-11-10(18) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(18) [Reserved] ~~'Medical board' means the board provided for in Section 9-11-30(2).~~"

SECTION 4. Section 9-11-30(2) of the 1976 Code is amended to read:

"(2) [Reserved] The Board shall designate a medical board to be composed of three physicians who are not members of the System. If required, other physicians who are not members of the System may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under the System, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the Board its conclusions and recommendations upon all matters referred to it."

SECTION 5. Sections 9-1-220 and 9-9-35 of the 1976 Code are repealed.

SECTION 6. In Title 9 of the 1976 Code, wherever the phrase 'medical board' or any variant of 'medical board' appears, it must be construed to mean the 'system' unless the context clearly requires otherwise. The Code Commissioner shall replace the reference in future code supplements and replacement volumes as the Code Commissioner determines appropriate.

PART IV
Retirement System Investment Commission

SECTION 1. A. Section 9-1-1310 of the 1976 Code, as last amended by Act 371 of 1998, is further amended to read:

"Section 9-1-1310. (A) The board is the trustee of ~~the funds of~~ the retirement system, as 'retirement system' is defined in Section 9-16-10(8). The Retirement System Investment Commission ~~and~~ ~~may~~ shall invest and reinvest the funds of the retirement system as 'retirement system' is defined in Section 9-16-10(8), subject to all the terms, conditions, limitations, and restrictions imposed by Article 7, Chapter 9, Title 11, upon the investment of sinking funds of the State, and, subject to like terms, conditions, and limitation, and restrictions, may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which the funds created in this chapter have been invested, plus the proceeds of these investments and any monies belonging to these funds. Additionally, and without regard to the limitations imposed pursuant to Article 7, Chapter 9, Title 11, the board may invest and reinvest the funds of the system in equity securities of a corporation within the United States that is registered on a national stock exchange as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quoting System, or similar service Section 16, Article X of the South Carolina Constitution, subsection (B) of this section, and Chapter 16 of this title.

(B) Except where not allowed pursuant to Sections 11 and 16, Article X of the Constitution of this State and Chapter 16 of this title, the funds of the system may be invested in, including, but not limited to, the following:

(1) bonds of this State, other states of the United States, the United States, or any political subdivisions or agencies thereof;

(2) banks and savings and loan institutions;

(3) top-rated commercial paper;

(4) funds of funds;

(5) foreign certificates of deposit;

(6) short-term debt;

(7) investment trust securities;

(8) real estate securities;

(9) foreign fixed-income obligations;

(10) futures and options regulated by the United States Securities and Exchange Commission;

(11) private equity;

(12) domestic and foreign group trusts;

(13) investment vehicles of Federal Deposit Insurance Corporation approved institutions;

(14) bonds of foreign countries designated industrialized by the International Monetary Fund;

(15) collateralized mortgage obligations;

(16) World Bank bonds;

(17) debt of the United States or Canadian corporations;

(18) equipment trust debt;

(19) purchase money mortgages received for real estate;

(20) real estate investment trusts; and

(21) investments allowed pursuant to Section 11-9-660 and equity investments as allowed pursuant to Section 16, Article X of the Constitution of this State.

(C) The funds and assets of the various state retirement systems are not funds of the State, but are instead held in trust as provided in Section 9-16-20."
B. Section 9-1-1340 of the 1976 Code is amended to read:

"Section 9-1-1340. Except as otherwise ~~herein~~ provided in this chapter or in Chapters 8, 9, and 11 of this title, no member of or person employed by the ~~Board~~ Retirement System Investment Commission shall have any direct interest in the gains or profits of any investment made by the ~~Board~~ commission. No ~~Board~~ commission member or employee of the ~~Board~~ commission shall, directly or indirectly, for himself or as an agent in any manner use the funds of the ~~Board~~ commission except to make such current and necessary payments as are authorized by the board or commission. Nor shall any member or employee of the ~~Board~~ commission become an endorser or surety or in any manner an obligor for ~~moneys~~ monies loaned or borrowed from the ~~Board~~ commission."
C. Sections 9-8-160, 9-9-150, and 9-11-240 of the 1976 Code are repealed.

SECTION 2. Article 1, Chapter 16, Title 9 of the 1976 Code, as added by Act 371 of 1998, is amended to read:

"Article 1
Duties of the Trustee, Fiduciaries, Agents

Section 9-16-10. As used in this chapter, unless a different meaning is plainly required by the context:

(1) 'Assets' means all funds, investments, and similar property of the retirement system.

(2) 'Beneficiary' means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.

(3) 'Board' means the State Budget and Control Board acting as trustee of the retirement system.

(3.5) 'Commission' means the Retirement System Investment Commission.

(4) 'Fiduciary' means a person who:

(a) exercises any authority to invest or manage assets of a system;

(b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or

(c) ~~is a member of the State Budget and Control Board when it acts as trustee for the retirement system.~~ is a member of the commission; or

(d) is the commission's chief investment officer.

(5) 'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system.

(6) [Reserved] ~~"Panel" means the State Retirement Systems Investment Panel established pursuant to Section 9-16-310.~~

(7) 'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:

(a) provides retirement benefits to qualifying employees and beneficiaries; or

(b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.

(8) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, and 11 of this title.

(9) 'Trustee' means the State Budget and Control Board.

Section 9-16-20. (A) All assets of a retirement system are held in trust. The ~~trustee~~ commission has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets.

(B) If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1, et seq.), the assets of the system include the security, but not assets of the investment company.

Section 9-16-30. (A) The ~~trustee~~ commission may delegate functions that a prudent ~~trustee~~ person acting in a like capacity and familiar with those matters could properly delegate under the circumstances but final authority to invest cannot be delegated.

(B) The ~~trustee~~ commission shall exercise reasonable care, skill, and caution in:

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and

(3) periodically reviewing the agent's performance and compliance with the terms of the delegation.

(C) In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-16-40.

(D) A ~~trustee~~ commission member who complies with subsections (A) and (B) is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.

(E) By accepting the delegation of a function from the ~~trustee~~ commission, an agent submits to the jurisdiction of the courts of this State.

(F) ~~A trustee~~ The commission may limit the authority of an agent to delegate functions under this section.

Section 9-16-40. A trustee, commission member, or other fiduciary shall discharge duties with respect to a retirement system:

(1) solely in the interest of the retirement systems, participants, and beneficiaries;

(2) for the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;

(3) with the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;

(4) impartially, taking into account any differing interests of participants and beneficiaries;

(5) incurring only costs that are appropriate and reasonable; and

(6) in accordance with a good faith interpretation of this chapter.

Section 9-16-50. (A) In investing and managing assets of a retirement system pursuant to Section 9-16-40, the ~~trustee~~ commission:

(1) shall consider among other circumstances:

(a) general economic conditions;

(b) the possible effect of inflation or deflation;

(d) needs for liquidity, regularity of income, and preservation or appreciation of capital; and

(e) the adequacy of funding for the plan based on reasonable actuarial factors;

(2) shall diversify the investments of the retirement system unless the ~~trustee~~ commission reasonably determines that, because of special circumstances, it is clearly prudent not to do so;

(3) shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system;

(4) may invest in any kind of property or type of investment consistent with this chapter and Section 9-1-1310;

(5) may consider benefits created by an investment in addition to investment return only if the ~~trustee~~ commission determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.

(B) The ~~trustee~~ commission shall adopt a statement of investment objectives and policies for the retirement system. The statement must include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority, and information on the types of reports to be used to evaluate investment performance. At least annually, the ~~trustee~~ commission shall review the statement and change or reaffirm it. The relevant portion of this statement may constitute parts of the annual investment plan required pursuant to Section 9-16-330.

Section 9-16-60. (A) Compliance by the trustee, commission, or other fiduciary with Sections 9-16-30, 9-16-40, and 9-16-50 must be determined in light of the facts and circumstances existing at the time of the trustee's, commission's, or fiduciary's decision or action and not by hindsight.

(B) The ~~trustee's~~ commission's investment and management decisions must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the retirement system.

Section 9-16-70. (A) ~~The trustee~~ A commission member or other fiduciary who breaches a duty imposed by this chapter is personally liable to the retirement system for any losses resulting from the breach and any profits resulting from the breach or made by the ~~trustee~~ commission member or other fiduciary through use of assets of the system by ~~trustees~~ the commission member or other fiduciary. The ~~trustee~~ commission member or other fiduciary is subject to other equitable remedies as the court considers appropriate, including removal.

(B) An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this chapter is void.

(C) The retirement system may insure a trustee, commission member, fiduciary, or itself against liability or losses occurring because of a breach of duty under this chapter.

(D) A trustee, commission member, or other fiduciary may insure against personal liability or losses occurring because of a breach of duty under this chapter if the insurance is purchased or provided by the individual trustee, commission member, or fiduciary, but a fiduciary who obtains insurance pursuant to this chapter must disclose all terms, conditions, and other information relating to the insurance policy to the retirement system.

Section 9-16-80. (A) Meetings by the board while acting as trustee of the retirement system, or meetings of the commission, or by its fiduciary agents to deliberate about, or make tentative or final decisions on, investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.

(B) A record of the board, or commission, or of its fiduciary agents that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is exempt from the disclosure requirements of Chapter 4 of Title 30, the Freedom of Information Act, to the extent and so long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.

Section 9-16-90. (A) The ~~trustees~~ commission shall provide investment reports at least quarterly during the fiscal year to the ~~panel~~ State Budget and Control Board, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.

(B) In addition to the quarterly reports provided in subsection (A), the ~~trustees~~ commission shall provide an annual report to the ~~panel~~ State Budget and Control Board, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President Pro Tempore of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:

(1) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;

(2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;

(3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and

(4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible.

These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law."

SECTION 3. Article 3, Chapter 16, Title 9 of the 1976 Code is amended to read:

"Article 3
Investment of Funds

Section 9-16-310. There is created the State Retirement Systems Investment Panel, consisting of five members, one each appointed by the Governor, State Treasurer, Comptroller General, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Senate Finance Committee. The member appointed by the Governor shall serve as chairman. All members appointed to the panel must possess substantial financial investment experience. No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. Members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled for the unexpired term in the manner of the original appointment. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem authorized by law for members of state boards, commissions, and committees as a retirement system expense to be paid from approved accounts of the retirement system. The panel shall advise the chief investment officer of the Retirement System Investment Commission in the preparation of the annual investment plan in the manner that the chief investment officer determines appropriate.

Section 9-16-315. (A) There is established the Retirement System Investment Commission (RSIC) consisting of six members as follows:

(1) one member appointed by the Governor;

(2) the State Treasurer, ex officio;

(3) one member appointed by the Comptroller General;

(4) one member appointed by the Chairman of the Senate Finance Committee;

(5) one member appointed by the Chairman of the Ways and Means Committee of the House of Representatives;

(6) one member who is a retired member of the retirement system who shall serve without voting privileges. This representative member must be appointed by unanimous vote of the voting members of the commission.

(B) The State Treasurer may appoint a member to serve in his stead. A member appointed by the State Treasurer shall serve for a term coterminous with the State Treasurer and must possess at least one of the qualifications provided in subsection (E). Once appointed, this member may not be removed except as provided in subsection (C).

(C) Except as provided in subsection (B), members shall serve for terms of five years and until their successors are appointed and qualify, except that of those first appointed, the appointees of the Comptroller General and the Chairman of the Senate Finance Committee shall serve for terms of three years and the appointee of the Chairman of the Committee on Ways and Means and the representative appointee shall serve for terms of one year. Terms are deemed to expire after June thirtieth of the year in which the term is due to expire. Members are appointed for a term and may be removed before the term expires only by the Governor for the reasons provided in Section 1-3-240(C).

(D) The commission shall select one of the voting members to serve as chairman and shall select those other officers it determines necessary, but the State Treasurer may not serve as chairman.

(E) A person may not be appointed to the commission unless the person possesses at least one of the following qualifications:

(1) the Chartered Financial Analyst credential of the CFA Institute;

(2) the Certified Financial Planner credential of the Certified Financial Planner Board of Standards;

(3) at least ten years' professional securities broker experience;

(4) at least ten years' professional actuarial experience;

(5) at least ten years' professional teaching experience in economics or finance; or

(6) an earned Ph.D. in economics or finance.

(F) Not including the State Treasurer, no person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts.

(G) The Retirement System Investment Commission is established to invest the funds of the retirement system. All of the powers and duties of the State Budget and Control Board as investor in equity securities and the State Treasurer's function of investing in fixed income instruments are transferred to and devolved upon the Retirement System Investment Commission. To assist the commission in its investment function, it shall employ a chief investment officer, who under the direction and supervision of the commission, and as its agent, shall develop and maintain annual investment plans and invest and oversee the investment of retirement system funds. The chief investment officer serves at the pleasure of the commission and must receive the compensation the commission determines appropriate. The commission may employ the other professional, administrative, and clerical personnel it determines necessary and fix their compensation. All employees of the commission are employees at will. The compensation of the chief investment officer and other employees of the commission is not subject to the state compensation plan.

(H) The administrative costs of the Retirement System Investment Commission must be paid from the earnings of the state retirement system in the manner provided in Section 9-1-1310.

Section 9-16-320. (A) The ~~panel~~ commission shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the ~~panel~~ chief investment officer. No later than ~~June~~ April first of each year, the ~~panel~~ chief investment officer shall submit the proposed plan to the ~~board~~ commission. Amendments may be made to the plan by the ~~panel~~ commission during the fiscal year ~~with the approval of the board~~.

(B) The ~~panel~~ commission shall meet at least once during each fiscal year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to ~~recommend amendments to~~ amend the plan ~~to the board~~. The ~~panel~~ commission shall meet at such other times as are set by the ~~panel~~ commission or the chairman or requested by the board.

(C) The ~~panel~~ commission may discuss, deliberate on, and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure thereof would jeopardize the ability to implement that portion of the plan or achieve investment objectives.

(D) A record of the ~~panel or of the Retirement System~~ commission that discloses discussions, deliberations, or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record under Section 30-4-20 to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.

(E) [Reserved] The costs of administering the duties of the panel must be paid from the investment earnings of these systems. Administrative and clerical assistance to the panel must be provided. The board must approve all reasonable expenses of the panel in performing its duties under this section.

(F) [Reserved] ~~The panel does not act as a fiduciary with respect to the funds of the retirement system, but must exercise reasonable care and skill in carrying out its duties.~~

(G) The ~~panel~~ commission may retain independent advisors to assist it and periodically shall provide for an outside evaluation of the investment strategy ~~of the board~~.

Section 9-16-330. (A) The ~~board~~ commission shall provide the ~~panel~~ chief investment officer with a statement of general investment objectives. The commission shall also provide the chief investment officer with a statement of actuarial assumptions ~~and general investment objectives~~ developed by the system's actuary and approved by the board. The ~~board~~ commission shall review the statement of general investment objectives annually for the purpose of affirming or changing it and advise the ~~panel~~ chief investment officer of its actions. The retirement system shall provide the commission and its chief investment officer that data or other information needed to prepare the annual investment plan.

(B) The annual investment plan must be consistent with actions taken by the ~~board~~ commission pursuant to subsection (A) and must include, but is not limited to, the following components:

(1) general operational and investment policies;

(2) investment objectives and performance standards;

(3) investment strategies, which may include indexed or enhanced indexed strategies as the preferred or exclusive strategies for equity investing, and an explanation of the reasons for the selection of each strategy;

(4) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class;

(5) policies and procedures providing flexibility in responding to market contingencies;

(6) procedures and policies for selecting, monitoring, compensating, and terminating investment consultants, equity investment managers, and other necessary professional service providers; and

(7) methods for managing the costs of the investment activities.

(1) diversify the investments of the retirement systems, unless the ~~panel~~ commission reasonably determines that, because of special circumstances, it is clearly not prudent to do so; and

(2) make a reasonable effort to verify facts relevant to the investment of assets of the retirement systems.

Section 9-16-340. (A) The ~~State Budget and Control Board~~ commission, ~~as trustee of the retirement system,~~ acting through the chief investment officer, shall invest and reinvest the assets of the retirement systems as provided in Section 9-1-1310. The State Treasurer shall serve as the agent of the board with respect to investments made pursuant to Article 7, Chapter 9, Title 11. Investments allowed by law in equities may be made by the board in the manner it shall determine, consistent with Section 9-16-330 and consistent with its fiduciary duties with respect to the retirement funds. The ~~board~~ commission may employ or retain administrators, agents, consultants, or other advisors it considers necessary with respect to making ~~equity~~ investments. ~~The board is subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act, in the implementation of this article~~ The chief investment officer may use the services of the State Treasurer in making nonequity security investments as the chief investment officer determines appropriate.

(B) After receiving the proposed plan of the ~~panel~~ chief investment officer, the ~~board~~ commission shall adopt an annual investment plan, which must be implemented by the ~~board~~ commission through the chief investment officer. The ~~board~~ commission shall regularly review the plan implementation and makes amendments as it considers appropriate. The plan must include the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed seventy percent.

~~(C)~~ ~~The plan adopted must provide:~~

~~(1)~~ the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this subsection does not require the sale of equities to reduce the percentage of equities to forty percent;

~~(2)~~ preference to brokerage firms domiciled in this State for conducting nondiscretionary brokerage transactions if these brokerage firms are able to meet the test of equal service and best execution in the purchase and sale of authorized investments.

Section 9-16-345. In hiring and procurement in the implementation and administration of this chapter, and consistent with its duties as fiduciary under this title, the commission shall strive to assure that minorities and minority-owned businesses are represented.

Section 9-16-350. (A) It is unlawful for a member, employee, or agent of the ~~panel~~ commission or anyone acting on ~~his~~ its behalf to use any information concerning ~~panel~~ commission activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.

(B) If a member of the ~~panel~~ commission, an employee of the ~~panel~~ commission, or a member of his immediate family holds an economic interest in a blind trust, he is not considered to have violated the provisions of subsection (A) even if the acquisition of the economic interest by the blind trust would otherwise violate the provisions of subsection (A), if the existence of the blind trust and the manner of its control is disclosed to the State Ethics Commission and the ~~Budget and Control Board~~ commission.

(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and fined not more than one hundred thousand dollars.

(D) The provisions of this section are cumulative to, and not in lieu of, any other provisions of law applicable to the ~~panel~~ commission and its members in the performance of official duties including, but not limited to, Chapter 13 of Title 8.

Section 9-16-360. (A) In addition to and not in lieu of the provisions of Section 9-16-350 and Chapter 13 of Title 8, and for the purposes of this article, there are the standards of conduct provided in subsection (B) of this section that apply for a fiduciary or employee of a fiduciary.

(B) A fiduciary or employee of a fiduciary shall:

(1) take no action to purchase or acquire services or property for the commission or the retirement system where the fiduciary or employee of the fiduciary, their family, or their business associates have a financial interest in the services or property;

(2) take no action to invest retirement system funds in any share, or other security if the fiduciary or employee of the fiduciary, their family, or their business associates have an interest in, are underwriters of, or receive any fees from the investment;

(3) have no interest in the profits or receive any benefit from a contract entered into by the fiduciary;

(4) not use their positions to secure, solicit, or accept things of value, including gifts, travel, meals and lodging, and consulting fees for payment for outside employment, from parties doing or seeking to do business with or who are interested in matters before the fiduciary;

(5) not represent, while serving as or in the employment of the fiduciary and for one year after leaving the fiduciary, any person, in any fashion, before any public agency, with respect to any matters in which the fiduciary personally participated while serving as or employed by the fiduciary;

(6) not take any official action on matters that will result in a benefit to themselves, their family members, or their business associates;

(7) not, during or after their term of service, disclose or use confidential information acquired in their official capacity as fiduciary or employee of the fiduciary, without proper authorization;

(8) not use assets of the system for their own interests;

(9) not act on behalf of a party whose interests are adverse to the system or the fiduciary, even if the member receives no personal gain;

(10) not have any direct or indirect interest in the gains or profits of any system investment;

(11) not make investments through or purchases from, or otherwise do any business with a former fiduciary member or employee or with a business that is owned or controlled by a former fiduciary member or employee, for a period of three years after the fiduciary member or employee leaves the fiduciary.

(C) A breach of the standards provided in this section is grounds for the removal of a commission member as a conflict of interest pursuant to the Governor's removal powers under Section 1-3-240(C), for the dismissal of an employee of the commission, and in the case of a corporate fiduciary, at the commission's option, voiding any contract with the fiduciary."

SECTION 4. Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding an appropriately numbered item at the end to read:

"( ) the chief investment officer and all other employees of the Retirement System Investment Commission."

SECTION 5. Section 30-4-70(a)(6) of the 1976 Code, as added by Act 371 of 1998, is amended to read:

"(6) The ~~State Budget and Control Board~~, ~~while meeting as the trustee of the State Retirement System, or of the State Retirement Systems Investment Panel~~ Retirement System Investment Commission, if the meeting is in executive session specifically pursuant to Section 9-16-80(A) or 9-16-320(C)."

SECTION 6. Upon implementation of the provisions of this part, it is the intent of the General Assembly that the Retirement System Investment Commission shall seek to maximize the rate of return on retirement system assets.

SECTION 7. A. Notwithstanding the general effective date provided for this act, the transfer of the investor functions provided by this part occurs October 1, 2005.
B. Notwithstanding any other provision of law, the annual investment plan otherwise due to take effect July 1, 2005, may be amended to provide for implementation of the revised investment limits provided pursuant to this part and this subsection and the provisions of Section 9-16-340(B) of the 1976 Code, as amended by this part, take effect upon approval of this act by the Governor.
C. Notwithstanding the provisions of this part, the commission established by this part shall adopt and implement an interim investment plan for the period October 1, 2005, through June 30, 2006.

PART V
Transition

SECTION 1. (A) Beginning October 1, 2005, all assets and liabilities, appropriations, FTE's, employees, contracts, real and personal property, records, and archives of the State Budget and Control Board with respect to its investment duties for the various state retirement systems are transferred to and devolved upon the Retirement System Investment Commission.

(B) It is the intention of the General Assembly that the transfer required by this act occurs seamlessly, and to this end, the Executive Director of the State Budget and Control Board and the State Treasurer shall ensure an orderly transfer that allows no hiatus in the investment of the funds of the retirement systems.

PART VI
Severability Clause

SECTION 1. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

PART VII
Effective Date

SECTION 1. Except where otherwise provided, this act takes effect July 1, 2005. /

Amend title to conform.

/s/Sen. Nikki G. Setzler          /s/Rep. Daniel T. Cooper
/s/Sen. W. Greg Ryberg            /s/Rep. Herb Kirsh
/s/Sen. Thomas C. Alexander       /s/Rep. Annette D. Young
On Part of the Senate.                On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Cooper, Kirsh and Young to the Committee of Free Conference on the part of the House on:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

H. 3006--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)

On motion of Senator HAYES, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators HAYES, ALEXANDER and LAND were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Free Conference was adopted as follows:

H. 3006--Free Conference Report

The General Assembly, Columbia, S.C., June 2, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Chapter 6 of Title 12 of the 1976 Code is amended by adding:

"Section 12-6-60. (A) Notwithstanding another provision of this chapter, whether or not a person has nexus with South Carolina for income tax and corporate license fee purposes, is determined without regard to whether the person:

(1) owns or utilizes a distribution facility within South Carolina;

(2) owns or leases property at a distribution facility within South Carolina that is used at, or distributed from, that facility; or

(3) sells property shipped or distributed from a distribution facility within South Carolina.

(B) The distribution facility is not considered to be a fixed place of business in South Carolina for the purposes of nexus.

SECTION 2. Chapter 36 of Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2690. (A) Notwithstanding another provision of this chapter, owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish nexus with South Carolina for sales and use tax purposes.

(B) For purposes of this section, a distribution facility is defined in Section 12-6-3360."

SECTION 3. Section 12-6-3360(C) and (I) of the 1976 Code is amended to read:

"(C)(1) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is ~~only~~ available to taxpayers with one hundred or more employees that increase employment by ten or more full-time jobs, and no credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of ten. The amount of the initial job credit is as follows:

~~(1)~~(a) Eight thousand dollars for each new full-time job created in distressed counties.

(b) Four thousand five hundred dollars for each new full-time job created in least developed counties.

~~(2)~~(c) Three thousand five hundred dollars for each new full-time job created in under developed counties.

~~(3)~~(d) Two thousand five hundred dollars for each new full-time job created in moderately developed counties.

~~(4)~~(e) One thousand five hundred dollars for each new full-time job created in developed counties.

(2)(a) Subject to the conditions provided in subsection (N) of this section, a job tax credit is allowed for five years beginning in year two after the creation of the job for each new full-time job created if the minimum level of new jobs is maintained. The credit is available to taxpayers with ninety-nine or fewer employees that increase employment by two or more full-time jobs, and may be received only if the gross wages of the full-time jobs created pursuant to this section amount to a minimum of one hundred twenty percent of the county's or state's average per capita income, whichever is lower. No credit is allowed for the year or any subsequent year in which the net employment increase falls below the minimum level of two. The amount of the initial job credit is as described in (C)(1).

(b) If the taxpayer with ninety-nine or fewer employees increases employment by two or more full-time jobs but the gross wages do not amount to a minimum one hundred twenty percent of the county's or state's average per capita income, whichever is lower, then the amount of the initial job credit is as follows:

(i) Four thousand dollars for each new full-time job created in distressed counties.

(ii) Two thousand two hundred fifty dollars for each new full-time job created in least developed counties.

(iii) One thousand seven hundred fifty dollars for each new full-time job created in under developed counties.

(iv) One thousand two hundred fifty dollars for each new full-time job created in moderately developed counties.

(v) Seven hundred fifty dollars for each new full-time job created in developed counties."

"(I) The merger, consolidation, or reorganization of a taxpayer where tax attributes survive does not create new eligibility in a succeeding taxpayer, but unused job tax credits may be transferred and continued by the succeeding taxpayer subject to the limitations of Section 12-6-3320. In addition, a taxpayer may assign its rights to its jobs tax credit to another taxpayer if it transfers all, or substantially all, of the assets of the taxpayer or all, or substantially all, of the assets of a trade or business or operating division of a taxpayer related to the generation of the jobs tax credits to that taxpayer if the required number of new jobs is maintained for that amount of credit. No A taxpayer is not allowed a jobs tax credit if the net employment increase for that taxpayer falls below ~~ten~~ two. The appropriate agency shall determine ~~whether or not~~ if qualifying net increases or decreases have occurred and may require reports, ~~promulgate~~ adopt rules or promulgate regulations, and hold hearings needed for substantiation and qualification."

SECTION 4. A. Chapter 37, Title 33 of the 1976 Code is amended by adding:

"Article 10
Capital Access Program

Section 33-37-1010. For purposes of this article:

(1) 'CAP' means the capital access program created in this article.

(2) 'BDC' means Business Development Corporation of South Carolina.

(3) 'Financial institution' means a bank, trust company, savings bank, savings and loan association, or cooperative bank chartered by the State or a national banking association, federal savings and loan association, or federal savings bank, if that financial institution has offices located in South Carolina.

(4) 'Participating financial institution' means a financial institution participating in the capital access program.

(5) 'Small business' means:

(a) a retail or service business with annual sales not exceeding two million dollars;

(b) a wholesale business with annual sales not exceeding five million dollars;

(d) another business with annual revenue not exceeding two million dollars.

(6) 'State fund' and 'state fund account' means the funds appropriated by the General Assembly of South Carolina for the CAP, provided to BDC as custodian for the State of South Carolina, and deposited by BDC into one or more interest-bearing trust accounts maintained by it as custodian for the State of South Carolina.

(7) 'Loss reserve account' means one or more interest-bearing trust accounts maintained by BDC for holding and administering the loan loss reserve pursuant to this article.

Section 33-37-1020. (A) Upon appropriation of funds by the General Assembly for the CAP in the minimum initial sum of two million five hundred thousand dollars, those funds and funds resulting from later appropriations to the state fund must be provided to BDC for deposit in the state fund account.

(B) BDC shall establish the CAP to provide a loan loss reserve from the state fund to assist participating financial institutions making loans to small businesses located in South Carolina that otherwise find it difficult to obtain regular bank financing.

(C) The assistance must be provided by BDC through transfers by it from a state fund account into a loss reserve account maintained by, in the name of, and controlled by BDC as custodian to provide loan loss reserves for loans made to those small businesses.

Section 33-37-1030. A financial institution desiring to become a participating financial institution shall execute an agreement in a form BDC prescribes, containing the terms and provisions provided in Section 33-37-1040 and other terms and provisions BDC considers necessary or appropriate.

Section 33-37-1040. A participating financial institution originating a loan to a small business pursuant to this article shall:

(1) use its existing business and banking network to market and perpetuate the CAP so as to promote economic development among small businesses in South Carolina;

(2) provide financing to small businesses for their business purposes including, without limitation, expansion, start-up, purchase of fixed assets or inventory, facility or technology upgrading, and working capital;

(3) limit loans outstanding to one small business borrower pursuant to this article and the CAP to an aggregate balance outstanding of two hundred fifty thousand dollars or a lesser amount the BDC determines, in the exercise of its discretion for the benefit of the CAP and the small business community at large in this State;

(4) limit loans made pursuant to this article and under the CAP to those that are not guaranteed or otherwise assisted by another governmental entity or program;

(5) set aside an amount of at least one and one-half percent but no more than three and one-half percent of the principal amount of the loan, into the loss reserve account;

(6) obtain from the small business an amount equal to the reserve contribution made by the participating financial institution with respect to the loan;

(7) forward the funds collected and determined pursuant to items (5) and (6) of this section to BDC for deposit into the loss reserve account together with a written report in the form and with the content BDC prescribes; and

(8) report annually to BDC, in the manner and with the supporting information BDC prescribes, the outstanding balance of loans made by it pursuant to the CAP, and a projection and estimate of loans it anticipates making pursuant to the program in the succeeding year.

Section 33-37-1050. After receipt of the funds and report provided in Section 33-37-1040(7) of this article, BDC shall transfer from the state fund account to the loss reserve account an amount equal to one hundred fifty percent of the total of the contributions of the participating financial institution and the small business. BDC shall maintain accurate records to determine the allocation and allocable share of each participating financial institution in and to the loan loss reserves in the loss reserve account and shall provide a report of the allocation to each participating financial institution annually. BDC also shall provide the report to a participating financial institution upon its written request during the year, but not more often than quarterly, and to the South Carolina Department of Commerce quarterly. In addition, the BDC shall provide an internal quarterly report on the project job creation and capital investment associated with each loan.

Section 33-37-1060. If the participating financial institution suffers a loss on a loan made pursuant to the CAP and this article, it may request that all or a portion of its allocated loan reserve in the loss reserve account be applied to the loan. Upon receipt by BDC of a certification of loss by the participating financial institution, BDC shall release the funds in the account to repay the loan in whole or in part, in an amount not to exceed the actual loss incurred by the participating financial institution. BDC shall prescribe the form and content of the certification report.

Section 33-37-1070. Earnings or interest from the principal of the state fund account and the loss reserve account must be paid monthly to BDC:

(1) as compensation for its administration and management of the CAP and the accounts; and

(2) for economic development in South Carolina for the purposes and within the meanings set forth in this chapter and in the corporate charter of BDC.

Section 33-37-1080. If a participating financial institution that elects to discontinue its participation in the CAP has funds on deposit in the loss reserve account, the funds must be forfeited by the institution to the state fund and used in the CAP as loss reserves as provided in this article.

Section 33-37-1090. An independent certified public accountant, as elected annually by the Board of Directors of the BDC, shall conduct an annual certified audit of its management, administration, and recordkeeping in connection with the CAP and provide the audit to the South Carolina Board of Financial Institutions upon its request, the General Assembly upon its request, and the South Carolina Department of Commerce. Annual reports to the South Carolina Department of Commerce and the General Assembly also must include projected capital investment and job creation associated with each CAP loan provided.

Section 33-37-1100. If a loan is not made by participating financial institutions for three consecutive years and the General Assembly does not appropriate additional funds for the program for those three consecutive years, BDC may pay over to the participating financial institutions their allocable shares of funds in the loss reserve account and pay over to the State of South Carolina, as directed by the South Carolina Board of Financial Institutions, funds held in the state fund account."

B. Section 33-37-460(2) and (3) of the 1976 Code, as last amended by Act 234 of 2000, is further amended to read:

"(2) A loan to the corporation under the loan call agreement may not be made if, immediately after the loan, the total amount of the obligations of the corporation under the loan call agreement exceeds ten times the greater of the net worth of the corporation or the amount then paid in on the outstanding capital stock of the corporation.

(3) The total amount outstanding on loans to the corporation made by a member at any one time~~, when added to the amount of the investment in capital stock of the corporation then held by the member,~~ under the loan call agreement may not exceed:

(a) ten percent of the total amount then outstanding ~~on loans to the corporation by all members, including in the total amount outstanding amounts validly called for loan but not yet loaned~~ or committed, or both, under the loan call agreement; or

(b) any federal or state statutory or regulatory limitations applicable to the members."

C. Section 33-37-465 of the 1976 Code, as added by Act 234 of 2000, is amended to read:

"Section 33-37-465. A member may make short-term loans to the corporation independently of the loan calls made pursuant to Section 33-37-460, except that the aggregate of the outstanding balance of the short-term loans and the outstanding amount of a loan call to that member may not exceed the statutory and regulatory limitations as provided in Section 33-37-460. These short-term loans are not subject to the limitations and restrictions described in Section 33-37-460. When the purpose of the short-term loan is to provide funds to the corporation for disbursement of a loan, the corporation may grant to the member funding the short-term loan a security interest in or collateral assignment of the loan on the condition that the security interest or collateral assignment is terminated upon payment of the short-term loan."

SECTION 5. (A) The General Assembly finds that many tax incentives outlive their usefulness and should exist only for a time certain. It is the intent of the General Assembly to provide for a sunset provision on each tax incentive, including credits and exemptions, enacted by this act.

(B) Each tax incentive, including credits and exemptions, enacted by this act shall be repealed for tax years beginning after five years from the date of enactment, unless a different time frame is otherwise provided herein.

SECTION 6. This act takes effect upon approval by the Governor and applies to taxable years beginning January 1, 2006. /

Title is amended to read:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO A TAXPAYER WHO EMPLOYS NINETY-NINE OR FEWER EMPLOYEES AND WHO INCREASES EMPLOYMENT BY TWO, INSTEAD OF TEN, NEW FULL-TIME JOBS AND TO INCLUDE FURTHER GUIDELINES FOR DETERMINING THE AMOUNT OF THE CREDIT; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006. ;BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; AND TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED. /

/s/Sen. John C. Land III          /s/Rep. Shirley R. Hinson
/s/Sen. Robert W. Hayes, Jr       /s/Rep. Gilda Cobb-Hunter
/s/Sen. Thomas C. Alexander       /s/Rep. James G. McGee III
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Hinson, Cobb-Hunter and McGee to the Committee of Free Conference on the part of the House on:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE TAX CREDITS FOR CERTAIN INVESTMENTS, TO ESTABLISH A CAPITAL ACCESS PROGRAM RELATED TO THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES, TO MODIFY THE RULES RELATED TO MEMBERS OF A CORPORATION MAKING LOANS TO THE CORPORATION, TO PROVIDE A CREDIT TO EMPLOYERS FOR HEALTH CARE EXPENSES ASSOCIATED WITH HIRING NEW EMPLOYEES, TO AMEND THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY, AND TO PROVIDE TAX CREDITS FOR EMPLOYERS WHO INCREASES EMPLOYMENT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Brady, Rutherford and G. M. Smith to the Committee of Free Conference on the part of the House on:

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

Received as information.

Message from the House

Columbia, S.C., June 1, 2005

Mr. President and Senators:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Umphlett, Rhoad and Hardwick to the Committee of Free Conference on the part of the House on:

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

Received as information.

S. 286--CONFERENCE COMMITTEE APPOINTED

On motion of Senator HAWKINS, the Senate insisted upon its amendments to S. 286 and asked for a Committee of Conference.

Whereupon, Senators HAWKINS, PEELER and RITCHIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Davenport, Anthony and Lee to the Committee of Conference on the part of the House on:

Received as information.

S. 286--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF
FREE CONFERENCE ADOPTED

S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

On motion of Senator HAWKINS, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators HAWKINS, PEELER and RITCHIE were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAWKINS, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HAWKINS spoke on the report.

On motion of Senator HAWKINS, the Report of the Committee of Free Conference to S. 286 was adopted as follows:

S. 286--Free Conference Report

The General Assembly, Columbia, S.C., June 2, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting therein the following:

/ SECTION 1. Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the surplus National Guard Armory located on the Oakland Avenue Extension, Inman, South Carolina, to the Town of Inman, South Carolina.

SECTION 2. Pursuant to the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the Lockhart National Guard Armory to the Town of Lockhart, South Carolina.

SECTION 3. Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58, and Act 248 of 2004, the State Budget and Control Board is directed to transfer ownership of the Jonesville National Guard Armory to the Town of Jonesville, South Carolina.

SECTION 4. This joint resolution takes effect upon approval by the Governor. /

Amend the bill further, by deleting all before the enacting words and inserting:

/ TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

Whereas, the National Guard Armory located on the Oakland Avenue Extension, Inman, South Carolina, has been vacated by the 1st Battalion, 178th Field Artillery of the Army National Guard; and

Whereas, the State Military Department has declared this property surplus to its current needs; and

Whereas, the Town of Inman will use the armory for the benefit of the community. Now, therefore, /

Amend title to conform.

/s/Hon. John D. Hawkins           /s/Hon. G. Ralph Davenport, Jr.
/s/Hon. Harvey S. Peeler, Jr.     /s/Hon. Michael A. Anthony
/s/Hon. James H. Ritchie, Jr.     Hon. Brenda Lee
On Part of the Senate.                  On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Davenport, Anthony and Lee to the Committee of Free Conference on the part of the House on:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

Received as information.

RECESS

At 11:03 A.M., on motion of Senator FORD, the Senate receded from business not to exceed five minutes.

At 11:08 A.M., the Senate resumed.

RETURNED FROM THE HOUSE WITH AMENDMENTS
RECOMMITTED

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

The House returned the Bill with amendments.

Senator SHEHEEN spoke on the amendments.

On motion of Senator SHEHEEN, the Bill was recommitted to the Committee on Judiciary.

Motion to Ratify Adopted

At 11:42 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:30 P.M.

There was no objection and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 227 (Word version) -- Senators Fair, Campsen and Leventis: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 913 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND BISHOP ETHEL M. TALBERT-SPEARMAN, FOUNDER AND PASTOR OF FAITH CATHEDRAL, INC. AND THE BISHOP OF THE LOOK UP AND LIVE MINISTRIES, FOR HER DEDICATION TO COMMUNITY SERVICE AND HER UNYIELDING COMMITMENT TO THE LORD ALMIGHTY.

Returned with concurrence.

Received as information.

S. 914 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF WIILIAM M. MACKIE, JR. UPON HIS RETIREMENT AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA STUDENT LOAN CORPORATION AND EXTEND BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

By prior motion of Senator LAND, with unanimous consent

H. 4157 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

By prior motion of Senator PEELER, with unanimous consent

H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, CARRIED OVER

H. 4142 (Word version) -- Rep. Clyburn: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Amendment No. 1

Senator MOORE proposed the following amendment (PT\ 2732AHB05), which was adopted:

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:

/ SECTION 1. Section 1 of Act 595 of 1992 is amended to read:

The Edgefield County School District ~~shall~~ must be composed of seven single-member districts from which members of the board of trustees of the district ~~shall~~ must be elected: beginning with the next general election for school trustees by the qualified electors of that district as delineated on map number S-37-00-05, maintained by the Office of Research and Statistics of the State Budget and Control Board.

~~DISTRICT 1~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~JOHNSTON 1~~ ~~2,177~~

~~JOHNSTON 2~~

~~Tract 9703.00~~

~~Blocks: 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131, 132, 133A, 133B, 134, 157, 158, 166, 167~~ ~~402~~

~~DISTRICT TOTAL~~ ~~2,579~~

~~DISTRICT 2~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~EDGEFIELD 1~~

~~Tract 9702.00~~

~~Blocks: 533B, 534, 536, 537, 538, 539, 540, 541, 553, 554, 555B, 556, 559B, 562B, 563A, 563B, 564, 565B, 565C, 566A, 566B, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580~~ ~~283~~

~~HARMONY~~ ~~819~~

~~JOHNSTON 2~~

~~Tract 9703.00~~

Blocks: 101, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107, 108, 109, 110, 111, 135, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142A, 142B, 143, 144, 145, 146, 147A, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 292, 293, 294, 295, 296, 297 ~~1,416~~

~~TRENTON~~

~~Tract 9704.00~~

~~Blocks: 104, 105, 130A, 130B, 131, 201, 202, 203, 204, 205, 206A, 206B, 207, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 215, 220, 258, 259~~ ~~195~~

~~DISTRICT TOTAL~~ ~~2,713~~

~~DISTRICT 3~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~KENDALL~~

~~Tract 9702.00~~

~~Blocks: 622B, 626B, 627, 628, 629, 630D, 632B, 633, 634, 635, 636, 637, 638, 639, 640~~ ~~224~~

~~TRENTON~~

~~Tract 9704.00~~

Blocks: 103, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142A, 142B, 143, 144A, 144B, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 179, 180, 182, 183, 184, 214, 216A, 216B, 217, 218A, 218B, 219A, 219B, 219C, 221, 222, 223, 224A, 224B, 225, 226, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233A, 233B, 234A, 234B, 234C, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 ~~1,426~~

~~Tract 9705.00~~

~~Blocks: 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 436, 437, 438~~ ~~939~~

~~DISTRICT TOTAL~~ ~~2,589~~

~~DISTRICT 4~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~EDGEFIELD 1~~

~~Tract 9702.00~~

Blocks: 433A, 436A, 437A, 438A, 439, 440A, 442, 443, 444A, 446, 447A, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 526A, 527, 528, 529, 530, 531, 532, 533A, 535, 555A, 557, 558, 559A, 560, 561, 562A, 565A ~~677~~

~~EDGEFIELD 2~~

~~Tract 9702.00~~

Blocks: 216A, 217, 224, 225, 226A, 303A, 309A, 311A, 312, 313, 314A, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 327A, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358 ~~1,022~~

~~KENDALL~~

~~Tract 9702.00~~

~~Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 623, 624, 625, 626A, 630A, 630B, 630C, 631, 632A, 641, 642, 643~~ ~~864~~

~~DISTRICT TOTAL~~ ~~2,563~~

~~DISTRICT 5~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~BRUNSON~~ ~~803~~

~~EDGEFIELD 1~~

~~Tract 9702.00~~

Blocks: 194, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433B, 434, 435, 436B, 437B, 438B, 440B, 441, 444B, 445, 447B, 522, 523, 524, 525, 526B ~~307~~

~~EDGEFIELD 2~~

~~Tract 9702.00~~

~~Blocks: 214, 215, 216B, 218, 219, 220, 221, 222, 223, 301, 302, 303B, 304, 305, 306, 307, 308, 309B, 310, 311B, 314B, 326B, 327B, 328, 329, 330, 331, 332, 333~~ ~~551~~

~~JOHNSTON 2~~

~~Tract 9702.00~~

~~Blocks: 134, 135, 136, 137, 150, 151, 152, 153, 154, 155~~ ~~206~~

~~NORTH SIDE~~ ~~727~~

~~DISTRICT TOTAL~~ ~~2,594~~

~~DISTRICT 6~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~MERRIWETHER~~

~~Tract 9705.00~~

Blocks: 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 169, 189, 190, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209A, 209B, 211, 220, 224A, 224B, 225A, 225B, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 ~~1,692~~

~~TRENTON~~

~~Tract 9704.00~~

~~Blocks: 174, 175, 176, 177, 178, 181, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197~~ ~~674~~

~~Tract 9705.00~~

~~Blocks: 306, 307, 406, 407, 434, 435~~ ~~319~~

~~DISTRICT TOTAL~~ ~~2,685~~

~~DISTRICT 7~~

~~Area~~ ~~Population~~

~~Edgefield County~~

~~EDGEFIELD 2~~

~~Tract 9702.00~~

~~Blocks: 211, 212, 213, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235~~ ~~176~~

~~Tract 9705.00~~

~~Blocks: 101, 102, 103, 105, 108, 109, 110, 111, 113~~ ~~103~~

~~MERRIWETHER~~

~~Tract 9705.00~~

Blocks: 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193, 194, 195, 196, 197, 210, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222A, 222B, 223 ~~1,416~~

~~WEST SIDE~~ ~~957~~

~~DISTRICT TOTAL~~ ~~2,652~~

SECTION 2. This act takes effect upon approval by the Governor. / Amend the bill further, by deleting all before the enacting words and inserting:

/ TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, the Bill was carried over, as amended.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS.

Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 7 (BBM\10968MM05) proposed by Senators LEATHERMAN, CAMPSEN and CROMER and previously printed in the Journal of Wednesday, June 1, 2005.

On motion of Senator CAMPSEN, with unanimous consent, Amendment No. 7 was withdrawn.

Amendment No. 8

Senators LEATHERMAN, MATTHEWS, SCOTT, CAMPSEN and GROOMS proposed the following Amendment No. 8 (SWB\6597MM05), which was adopted:

Amend the bill, as amended by Senate Finance Committee Report (3847.R001.HKL) adopted 5/26/05, as and if amended, by inserting an appropriately numbered SECTION immediately after the enacting words at line 23 to read:

/ SECTION . Section 11-11-320(D)(1) of the 1976 Code, as last amended by Act 385 of 1988, is further amended to read:

"(D)(1) Any appropriation of monies from the Capital Reserve Fund as provided in subsection (C) of this section must be ranked in priority of expenditure and is effective ~~thirty days after completion of the fiscal year~~ on September first of the following fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced by the State Budget and Control Board based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied by the board to the year-end operating deficit before withdrawing monies from the General Reserve Fund." /

Amend the bill further by adding an appropriately numbered SECTION at the end to read:

/ SECTION . A. The first ten percent of any surplus general fund revenues must be applied to fully restore all funds previously transferred and appropriated from any earmarked or restricted accounts in the Statewide Accounting and Reporting System (STARS). The trust accounts and subfunds that are the subject of this SECTION are included among those identified in (a) Part 1B, Section 72.109 of the 2001-02 Appropriations Act; (b) Part 1B, Sections 72.97 and 72.98, and the Hazardous Waste Fund as provided in Section 9.46 of Part IB, all in the 2002-03 Appropriations Act; (c) Part 1B, Section 73.2 of the 2003-04 Appropriations Act; and (d) Part 1B, Section 73.8 of the 2004-05 Appropriations Act. From among the accounts and subfunds identified within these Appropriations Act sections, the Waste Tire Grant Trust Fund, the Solid Waste Management Trust Fund, and the Recreation Land Trust Fund must be designated for fund restoration in the same manner as those designated as trust accounts pursuant to STARS. The Office of State Budget shall certify each fiscal year the accounts and subfunds that must be replenished and the amount that must be restored to each of the designated accounts and subfunds. All of the funds previously transferred out of these trust accounts beginning in fiscal year 2001-02 shall be restored to each trust account on a pro rata basis.

B. This SECTION takes effect July 1, 2006, and applies to any surplus general fund revenues reported by the Comptroller General beginning in fiscal year 2006-2007 and thereafter. /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator LEATHERMAN spoke on the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

COMMITTEE AMENDMENT ADOPTED
READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (GGS\22207HTC05), which was adopted:

Amend the bill, as and if amended, by striking Section 9-10-40(A) as contained in Section 1, page 3, and inserting:

/ (A) Payment to a retired member of the system pursuant to this chapter is for the life of the retired member and no payment may be made to beneficiaries or to the decedent's estate, except that the retirement allowance for the month the retired member died, if not previously paid to the member, must be paid to the member's estate./

Amend further, as and if amended, by adding an appropriately numbered antepenultimate section to read:

/ SECTION ____. Section 9-16-10(8) of the 1976 Code, as added by Act 371 of 1998, is amended to read:

"(8) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, National Guard Retirement System, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, 10, and 11 of this title." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

H. 4221 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS.

RECOMMITTED

H. 3724 (Word version) -- Reps. Funderburk, G.M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J.H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recommitted to the Committee on Labor, Commerce and Industry.

OBJECTION

H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator HAYES spoke on the Bill.

Senator McCONNELL objected to further consideration of the Bill.

CARRIED OVER

The following Bill was carried over:

S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

On motion of Senator GROOMS, with unanimous consent

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to the recess.

RECESS

At 1:26 P.M., on motion of Senator McCONNELL, the Senate receded from business following the Executive Session until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:40 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 2:46 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

RECESS

At 2:48 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.

At 3:00 P.M., the Senate resumed.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. Verne Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.

The House returned the Bill with amendments.

Senator CAMPSEN explained the amendments.

Senator CAMPSEN proposed the following amendment (JUD0659.008), which was adopted:

Amend the bill, as and if amended, pages 2 and 3, by striking SECTION 3 in its entirety and inserting:

/ SECTION 3. Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Article 8

Identification Cards Issued to and Firearm Qualification Provided for Retired Law Enforcement Personnel

Section 23-31-600. (A) For purposes of this section:

(1) 'Identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).

(2) 'Qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.

(B) An agency or department of this State or a subdivision thereof that employs persons with statutory powers of arrest must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer. If the agency or department currently issues credentials to active law enforcement officers, then the agency or department may comply with the requirements of this section by issuing the same credentials to retired law enforcement officers. If the same credentials are issued, then the agency or department must stamp the credentials with the word 'RETIRED'.

(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.

(D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.

(E) The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department may, as provided in 18 U.S.C. Section 926C(c)(5), require the retired officer to pay the actual expenses of the training and qualification." /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.

The House returned the Bill with amendments.

Senator HAYES explained the amendments.

Senator HAYES proposed the following amendment (MS\ 7594SJ05), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.

The House returned the Bill with amendments.

Senator FAIR explained the amendments.

Senators FAIR and HUTTO proposed the following amendment (736R002.MLF), which was adopted:

Amend the bill, as and if amended, page 4, after line 23 by inserting an appropriately numbered new SECTION:

/ SECTION ___. Section 56-3-8000(A) and (B) of the 1976 Code, is amended to read:

"(A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020. From the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses associated with producing and administering the special license plate. The remaining funds collected from the special license plate fee must be placed in the general fund. If the 501(C)(3), 501(C)(7), or 501(C)(8) organization has been chartered for at least five years, a portion of the special license plate fee may be returned to the organization. Once four hundred new license plates or renewals have been issued, the special license plate fee funds must be distributed to the organization that requested the license plate.

The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B) Before the department produces and distributes a plate authorized under this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a ~~deposit~~ fee of four thousand dollars from the individual or organization seeking issuance of the license plate. ~~If a deposit~~ The fee of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses associated with the initial cost of producing the license plate.

(2) a plan to market the sale of the special license plate which must be approved by the department." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Senator RYBERG proposed the following amendment (736R001.WGR), which was adopted:

Amend the bill, as and if amended, page 3 by striking 56-3-4800(C)(1), found on lines 21 through 29, in its entirety and inserting:

/ (1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senators SHORT and PATTERSON proposed the following amendment (736R003.LHS), which was adopted:

Amend the bill, as and if amended, page 4, after line 24 by inserting an appropriately numbered new SECTION:

/ SECTION ___. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"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 plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.

(B) The thirty-five dollar annual 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. Funds collected must be deposited with the State Treasurer.

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2) a plan to market the sale of the special license plate 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.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

Received as information.

SENATE RECEDES FROM AMENDMENTS

Senator RYBERG asked unanimous consent that the Senate recede from its amendments and a message be sent to the House accordingly.

There was no objection.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that a message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification:

Received as information.

NONCONCURRENCE

H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND.

The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE RECONSIDERED
SENATE CONCURRED IN THE HOUSE AMENDMENTS
ENROLLED FOR RATIFICATION

Having voted on the prevailing side, Senator HAYES moved to reconsider the vote whereby the motion to nonconcur in the House amendments was adopted.

The motion to reconsider was adopted.

The question then was the motion to nonconcur in the House amendments.

The motion to nonconcur was withdrawn.

The question then was the motion to concur in the House amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

ADOPTION OF THE REPORT OF FREE CONFERENCE RECONSIDERED
REPORT OF FREE CONFERENCE WITHDRAWN
NONCONCURRENCE RECONSIDERED
SENATE CONCURRED IN THE HOUSE AMENDMENTS
ENROLLED FOR RATIFICATION

H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby the Report of the Committee of Free Conference was adopted.

There was no objection and the motion to reconsider was adopted.

The question then was the adoption of the Report of the Committee of Free Conference.

On motion of Senator RICHARDSON, with unanimous consent, the Report of the Committee of Free Conference was withdrawn.

Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby the motion to nonconcur in the House amendments was adopted.

There was no objection and the motion to reconsider was adopted.

The question then was the motion to nonconcur in the House amendments.

The motion to nonconcur was withdrawn.

The question then was the motion to concur in the House amendments.

On motion of Senator RICHARDSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.113, S. 97 by a vote of 50 to 51:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto of the Governor was sustained and has overridden the veto by the following vote: Yeas 87; Nays 16:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND"; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

RECESS

At 4:14 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 4:30.M., the Senate resumed.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

Message from the House

Columbia, S.C., June 2, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

Received as information.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 2, 2005, at 4:35 P.M. and the following Acts and Joint Resolutions were ratified:

(R159, S. 1 (Word version)) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: AN ACT TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED AND TO PROVIDE THAT COURT COSTS, ASSESSMENTS, OR SURCHARGES MAY NOT BE ASSESSED AGAINST A PERSON WHO VIOLATES A PROVISION RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6525, RELATING TO LIMITS ON THE USE OF CHECKPOINTS OR ROADBLOCKS TO ENFORCE THE STATE'S MANDATORY USE OF SAFETY BELT PROVISIONS, SO AS TO PROVIDE THAT A PERSON MUST NOT BE ISSUED A CITATION AT ANY CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD FOR A PERIOD OF TIME FOR REMOVING THEIR SAFETY BELTS IN ORDER TO RETRIEVE DOCUMENTATION THAT MUST BE PRODUCED AT THE CHECKPOINT; TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANT FREQUENTLY STOPPING OR LEAVING A MOTOR VEHICLE FOR PICK UP OR DELIVERY PURPOSES, OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE, AND CERTAIN CHILDREN UNDER SIX YEARS OF AGE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A VIOLATION OF THE PROVISIONS RELATING TO SAFETY BELT USE MUST BE REPORTED TO THE OFFENDER'S MOTOR VEHICLE INSURER, TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MUST NOT BE SEARCHED PURSUANT TO THIS PROVISION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT ISSUE A CITATION TO A DRIVER OR PASSENGER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE PRIMARY ENFORCEMENT OF THE PROVISIONS THAT REQUIRE THE DRIVER AND PASSENGERS OF A MOTOR VEHICLE TO BE RESTRAINED BY A SAFETY BELT, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION, AND TO PROVIDE FOR JUDICIAL REVIEW OF A DECISION RENDERED PURSUANT TO THIS SECTION; TO ADD SECTION 56-5-6560 SO AS TO PROVIDE THAT ANYTIME A MOTOR VEHICLE IS STOPPED BY A LAW ENFORCEMENT OFFICER WITHOUT A CITATION BEING ISSUED OR AN ARREST BEING MADE, THE OFFICER WHO INITIATED THE STOP MUST COMPLETE A DATA COLLECTION FORM THAT CONTAINS CERTAIN INFORMATION THAT MUST BE PLACED IN A DEPARTMENT OF PUBLIC SAFETY DATABASE, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL HAVE THE AUTHORITY TO WITHHOLD CERTAIN FUNDS FROM A LAW ENFORCEMENT AGENCY THAT FAILS TO COMPLY WITH THIS SECTION, AND TO PROVIDE FOR THE REVIEW OF THE PROVISIONS CONTAINED IN THIS SECTION BY CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; TO ADD SECTION 56-5-6565 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP AND IMPLEMENT EDUCATION PROGRAMS DESIGNED TO CREATE AWARENESS OF THE STATE'S SAFETY BELT LAWS AND TO INCREASE SAFETY BELT USE; AND TO REPEAL SECTION 56-5-6430, RELATING TO EXEMPTING CERTAIN MOTOR VEHICLE PASSENGERS FROM WEARING A VEHICLE RESTRAINT DEVICE.
L:\COUNCIL\ACTS\1CM05.DOC

(R160, S. 16 (Word version)) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: AN ACT TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING OR TRAFFICKING IN METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO DEFINITIONS FOR PURPOSES OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION, MANUFACTURE, AND TRAFFICKING OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR THE OFFENSE OF POSSESSION OF COCAINE AND TO PROVIDE PENALTIES; TO AMEND SECTION 44-53-375, RELATING TO THE POSSESSION, DISTRIBUTION, MANUFACTURE, AND TRAFFICKING OF ICE, CRANK, AND CRACK COCAINE, SO AS TO INSTEAD RELATE TO THE POSSESSION, DISTRIBUTION, MANUFACTURE, AND TRAFFICKING OF METHAMPHETAMINE OR COCAINE BASE, MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 44-53-470, RELATING TO SECOND OR SUBSEQUENT OFFENSES FOR PURPOSES OF CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE PROCEDURES FOR CLASSIFYING A CONTROLLED SUBSTANCE OFFENSE AS A SECOND OR SUBSEQUENT OFFENSE; TO AMEND SECTION 44-53-420, RELATING TO ATTEMPT AND CONSPIRACY FOR PURPOSES OF CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE FOR THE OFFENSE OF ATTEMPT TO POSSESS A CONTROLLED SUBSTANCE AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 12-6-3582 SO AS TO PROVIDE INCOME TAX CREDITS FOR FARMERS WHO COMPLY WITH THE AGRICULTURE USE OF ANHYDROUS AMMONIA.
L:\COUNCIL\ACTS\16AHB05.DOC

(R161, S. 95 (Word version)) -- Senators McConnell, Sheheen, Knotts and Elliott: AN ACT TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, BOTH AS AMENDED AND RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH AS AMENDED AND RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING OF A CONTINUING CARE COMMUNITY, SO AS TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT FOR ENFORCEMENT; TO AMEND SECTION 37-6-402, RELATING TO ENFORCEMENT BY THE DEPARTMENT, SO AS TO DEFINE "CONTESTED CASE"; TO AMEND SECTION 1-23-660, RELATING TO A CONTESTED CASE HEARING BEFORE AN ABOLISHED ENTITY, SO AS TO CREATE THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR ITS COMPOSITION AND OPERATION; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE FOR A HEARING BEFORE THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE FEE AND PROVIDE FOR ITS RETENTION BY THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
L:\COUNCIL\ACTS\95MM05.DOC

(R162, S. 140 (Word version)) -- Senators Hayes and Campsen: AN ACT TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-43-215, RELATING TO VALUATION OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FOR AD VALOREM TAX PURPOSES, SO AS TO PROVIDE FOR THE VALUATION TO BE CONSIDERED BY AN ASSESSOR WHEN THE VALUE OF THE PROPERTY ASSESSMENT IS APPEALED.
L:\COUNCIL\ACTS\140SD05.DOC

(R163, S. 165 (Word version)) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION SHALL PURCHASE ALCOHOLIC LIQUOR FOR SALE BY THE DRINK FROM A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT IN ANY SIZE BOTTLE, EXCEPT 1.75 LITER SIZE BOTTLES AND PROVIDE THAT A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT MAY DELIVER TO A PERSON LICENSED FOR SALE AND USE FOR ON-PREMISES CONSUMPTION ALCOHOLIC LIQUOR IN ANY SIZE, EXCEPT A 1.75 LITER SIZE BOTTLE; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON LICENSED BY ARTICLE 5, CHAPTER 6, TITLE 61, FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED EXCEPT UNDER CERTAIN CONDITIONS; BY ADDING SECTION 61-6-2430 SO AS TO PROVIDE THAT A WHOLESALE DISTRIBUTOR OF ALCOHOLIC LIQUOR MAY DISCOUNT PRODUCT PRICED BASED ON QUANTITY OF PURCHASES; TO AMEND SECTION 12-33-245, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION AND TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003-2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS TO BEER, ALE, PORTER, AND WINE, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK" AND TO FURTHER DEFINE "MINIBOTTLES"; TO AMEND SECTION 61-6-185, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A RETAIL LIQUOR LICENSE, SO AS TO CHANGE ADMINISTRATIVE LAW JUDGE DIVISION TO ADMINISTRATIVE LAW COURT; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS THAT USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RETAIL DEALERS' LICENSES, SO AS TO DELETE THE RESTRICTIONS ON THE SIZE OF CONTAINERS OF ALCOHOLIC LIQUORS TO BE SOLD BY RETAIL DEALERS, TO REVISE THE RESTRICTIONS ON SALE AND DELIVERY OF ALCOHOLIC LIQUORS TO THE HOURS BETWEEN SEVEN P.M. AND NINE A.M., AND TO REVISE THE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH ALCOHOLIC LIQUORS; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO AMEND THE AMOUNT OF ALCOHOLIC PERCENTAGE OF WINE TO BE SOLD IN LIQUOR STORES FROM FOURTEEN PERCENT TO SIXTEEN PERCENT; TO AMEND SUBARTICLE 1, ARTICLE 5, CHAPTER 6, TITLE 61, RELATING TO BIENNIAL MINIBOTTLE LICENSES AND LICENSEES AND RELATING TO REGULATION OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, TO PROVIDE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH BOTTLES OF ALCOHOLIC LIQUORS, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE REFERENCE TO MINIBOTTLE AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2000 AND 61-6-2005, BOTH RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS" AND TO ALLOW A REFERENDUM FOR TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THAT THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61-6-2210, RELATING TO THE BREAKING OF THE SEAL OF A MINIBOTTLE, SO AS TO DELETE THE PROVISIONS OF THE SECTION; TO AMEND SECTIONS 61-6-2220 AND 61-6-2230, RELATING TO ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO CREATE A STUDY COMMITTEE TO EXAMINE THE DELIVERY AND DISTRIBUTION OF ALCOHOLIC LIQUORS BY A LICENSED RETAIL DEALER WITH A WHOLESALER'S BASIC PERMIT ISSUED PURSUANT TO THE FEDERAL ALCOHOL ADMINISTRATION ACT; AND TO PROVIDE THAT ALL STATUTES AND REGULATIONS CONCERNING MINIBOTTLE LICENSES OR PERMITS APPLY TO THE LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS BY THE DRINK AND TO PROVIDE THAT MINIBOTTLE LICENSES OR PERMITS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE CONSIDERED TO BE PERMITS FOR ALCOHOLIC LIQUOR BY THE DRINK AFTER THE EFFECTIVE DATE OF THIS ACT.
L:\COUNCIL\ACTS\165DW05.DOC

(R164, S. 184 (Word version)) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS, TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS, AND TO PROVIDE THAT THE PRESIDENTS OF THE HISTORICAL SOCIETIES LOCATED IN CERTAIN COUNTIES SHALL SERVE ON AN ADVISORY COMMITTEE.
L:\COUNCIL\ACTS\184SJ05.DOC

(R165, S. 227 (Word version)) -- Senators Fair, Campsen and Leventis: AN ACT TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED OF THE BIOLOGICAL PARENT OF A CHILD CONCEIVED AS A RESULT OF THAT PARENT'S CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT CONCEPTION OF A CHILD AS A RESULT OF CRIMINAL SEXUAL CONDUCT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS EXCEPT IN THE CASE OF CONSENSUAL SEXUAL CONDUCT.
L:\COUNCIL\ACTS\227AC05.DOC

(R166, S. 348 (Word version)) -- Senators Thomas and J. Verne Smith: AN ACT TO AMEND SECTION 45-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; AND BY ADDING SECTION 45-5-80 SO AS TO PROVIDE THAT ALL LODGING ESTABLISHMENTS NOT REQUIRED TO HAVE A FIRE SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK AND PROVIDE A PENALTY.
L:\COUNCIL\ACTS\348SJ05.DOC

(R167, S. 589 (Word version)) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-365 SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, MUST NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES, TO PROVIDE A DEFINITION FOR "INTANGIBLE PERSONAL PROPERTY" AND TO PROVIDE FOR INCOME AND EXPENSE REPORTING BY GOLF COURSE OWNERS WHEN GOLF COURSES ARE VALUED FOR AD VALOREM TAX PURPOSES USING THE CAPITALIZED INCOME APPROACH.
L:\COUNCIL\ACTS\589HTC05.DOC

(R168, S. 654 (Word version)) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: AN ACT TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
L:\COUNCIL\ACTS\654CM05.DOC

(R169, S. 737 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; AND TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY.
L:\COUNCIL\ACTS\737CM05.DOC

(R170, S. 854 (Word version)) -- Senator Pinckney: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD JASPER 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 JASPER COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
L:\COUNCIL\ACTS\854DW05.DOC

(R171, S. 855 (Word version)) -- Senators Knotts, Courson, Cromer and Setzler: AN ACT TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
L:\COUNCIL\ACTS\855DW05.DOC

(R172, S. 863 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN WILLIAMSBURG COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
L:\COUNCIL\ACTS\863DW05.DOC

(R173, S. 870 (Word version)) -- Senator Moore: AN ACT TO AMEND SECTION 7-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF EDGEFIELD COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE POLLING PLACES FOR EDGEFIELD COUNTY MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY WITH THE APPROVAL OF A MAJORITY OF THE EDGEFIELD COUNTY LEGISLATIVE DELEGATION, AND TO CORRECT ARCHAIC LANGUAGE.
L:\COUNCIL\ACTS\870DW05.DOC

(R174, S. 893 (Word version)) -- Senator McGill: AN ACT TO AMEND ACT 1095 OF 1962, RELATING TO, AMONG OTHER THINGS, THE LOWER FLORENCE COUNTY HOSPITAL BOARD OF DIRECTORS AND THE POWERS AND DUTIES OF THE BOARD, SO AS TO ADD THE POWER TO PLEDGE THE PROCEEDS FROM FUTURE REVENUES RECEIVED AS COLLATERAL FOR THE PURPOSES OF SECURING FINANCING NECESSARY TO MAINTAIN THE OPERATIONS OF THE HOSPITAL.
L:\COUNCIL\ACTS\893AC05.DOC

(R175, S. 896 (Word version)) -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS TO ABOLISH THE ORANGEBURG COUNTY BOARD OF EDUCATION, TO CREATE THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FISCAL COMMISSION, AND TO REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.
L:\COUNCIL\ACTS\896MM05.DOC

(R176, H. 3039 (Word version)) -- Reps. Sinclair and Whipper: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION OF THE PROBATE COURT WITH THAT OF THE FAMILY COURT TO HEAR AND DETERMINE CERTAIN MATTERS IN CONNECTION WITH ACTIONS PENDING BEFORE THE PROBATE COURT; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION WITH THAT OF THE FAMILY COURT TO HEAR AND DETERMINE MATTERS OF PATERNITY, COMMON-LAW MARRIAGE, AND INTERPRETATION OF MARITAL AGREEMENTS IN CONNECTION WITH CERTAIN ACTIONS PENDING BEFORE THE PROBATE COURT.
L:\COUNCIL\ACTS\3039MM05.DOC

(R177, H. 3107 (Word version)) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.
L:\COUNCIL\ACTS\3107SD05.DOC

(R178, H. 3108 (Word version)) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: AN ACT TO AMEND SECTION 40-47-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF LAY MEMBERS OF THE COMMISSION AND FOR LAY COMMISSIONER TERMS AND PROCEDURES FOR FILLING VACANCIES; AND TO AMEND SECTION 40-47-213, RELATING TO DISCLOSURE OF INFORMATION IN REGARD TO BOARD OF MEDICAL EXAMINER PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR SUCH DISCLOSURE AND FOR THE PROCEEDINGS OF THE BOARD IN REGARD TO COMPLAINTS.
L:\COUNCIL\ACTS\3108SD05.DOC

(R179, H. 3224 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE AN ALTERNATIVE METHOD OF EXECUTING A HEALTH CARE POWER OF ATTORNEY AND PROVIDE THE REQUIREMENTS AND FORMALITIES FOR THIS ALTERNATIVE METHOD, AND TO PROVIDE OTHER HEALTH CARE ISSUES THAT MAY BE ACTED ON BY THE HEALTH CARE AGENT NAMED IN A HEALTH CARE POWER OF ATTORNEY EXECUTED PURSUANT TO THIS ALTERNATIVE METHOD.
L:\COUNCIL\ACTS\3224HTC05.DOC

(R180, H. 3250 (Word version)) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF AN OPHTHALMIC CONTACT LENS OR LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, TO PROVIDE FOR A TWELVE MONTH LIMIT ON A PRESCRIPTION FOR CONTACT LENS WITHOUT POWER, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
L:\COUNCIL\ACTS\3250MM05.DOC

(R181, H. 3325 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
L:\COUNCIL\ACTS\3325AHB05.DOC

(R182, H. 3328 (Word version)) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: AN ACT TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT THE NAME OF A PERSON FOUND NOT GUILTY BY REASON OF INSANITY OF A SEX OFFENSE IN THIS OR ANOTHER COUNTRY OR FOUND GUILTY OF A SEX OFFENSE IN ANOTHER COUNTRY MUST REGISTER AS A SEX OFFENDER UNDER CERTAIN CIRCUMSTANCES, TO ADD ADDITIONAL OFFENSES TO THE LIST OF OFFENSES THAT CONSTITUTE SEX OFFENSES, TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON WHO RECEIVES A PARDON FOR A SEX OFFENSE MAY HAVE HIS NAME REMOVED FROM THE SEX OFFENDER REGISTRY, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON WHO FILES A PETITION FOR A WRIT OF HABEAS CORPUS OR A MOTION FOR A NEW TRIAL MAY HAVE HIS NAME REMOVED FROM THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT SLED AND NOT THE CORRECTIONAL AGENCIES MUST NOTIFY A SHERIFF WHEN A SEX OFFENDER INTENDS TO RESIDE IN A COUNTY UNDER HIS JURISDICTION, TO REVISE THE LIST OF AGENCIES THAT MUST NOTIFY AN OFFENDER THAT HE MUST REGISTER WITH THE COUNTY IN WHICH HE INTENDS TO RESIDE ONCE HE IS RELEASED, TO REVISE THE PERIOD OF TIME IN WHICH THE OFFENDER MUST BE NOTIFIED THAT HE MUST REGISTER AND TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF EACH COUNTY WHERE HE OWNS REAL PROPERTY, OR ATTENDS SCHOOL, TO PROVIDE THAT THE SHERIFF IN THE COUNTY IN WHICH THE OFFENDER OWNS REAL PROPERTY, OR ATTENDS SCHOOL SHALL FORWARD ALL REQUIRED REGISTRATION INFORMATION TO SLED, AND TO PROVIDE THAT THE SHERIFF IN THE COUNTY IN WHICH AN OFFENDER RESIDES, OWNS REAL PROPERTY, OR ATTENDS SCHOOL SHALL NOTIFY ALL LOCAL LAW ENFORCEMENT AGENCIES OF AN OFFENDER WHO RESIDES , OWNS REAL PROPERTY, OR ATTENDS SCHOOL WITHIN THE LOCAL LAW ENFORCEMENT AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO OWNS OR ACQUIRES REAL PROPERTY WITHIN THIS STATE OR ATTENDS SCHOOL MUST REGISTER WITH THE SHERIFF IN EACH COUNTY IN WHICH HE OWNS REAL PROPERTY OR ATTENDS SCHOOL, TO PROVIDE THAT AN OFFENDER WHO IS EMPLOYED BY, ATTENDS, IS ENROLLED AT, OR CARRIES ON A VOCATION AT ANY SCHOOL MUST PROVIDE NOTICE OF EACH CHANGE IN ATTENDANCE, EMPLOYMENT, OR VOCATION STATUS AT A SCHOOL IN THIS STATE, TO REVISE THE DEFINITION OF THE TERM "STUDENT", TO REVISE THE PROCEDURES THAT PERSONS WHO MOVE INTO THIS STATE MUST FOLLOW TO REGISTER AS SEX OFFENDERS, TO REQUIRE A SHERIFF WHO RECEIVES INFORMATION ABOUT A SEX OFFENDER'S CHANGE OF ADDRESS, SCHOOL ATTENDANCE, EMPLOYMENT, OR VOCATIONAL STATUS, TO NOTIFY ALL LOCAL LAW ENFORCEMENT AGENCIES OF AN OFFENDER WHOSE ADDRESS, REAL PROPERTY, OR SCHOOL IS IN THE LOCAL LAW ENFORCEMENT AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-470, AS AMENDED, RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER, SO AS TO PROVIDE THAT A SEX OFFENDER MUST PROVIDE A SHERIFF NOTIFICATION OF A CHANGE OF ADDRESS, CHANGE IN ATTENDANCE, ENROLLMENT, OR VOCATIONAL STATUS AT ANY SCHOOL, AND TO PROVIDE THAT THE PENALTIES CONTAINED IN THIS SECTION MUST BE IMPOSED ON A PERSON WHO FAILS TO PROVIDE THIS NOTIFICATION; TO ADD SECTION 23-3-525 SO AS TO PROVIDE THAT A REAL ESTATE BROKERAGE AND ITS AFFILIATED LICENSEES ARE IMMUNE FROM LIABILITY FOR ANY ACT OR OMISSION RELATED TO THE DISCLOSURE OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY IF THE BROKERAGE OR ITS AFFILIATED LICENSEES PROVIDES TO ITS CLIENTS AND CUSTOMERS NOTICE THAT MAY OBTAIN INFORMATION ABOUT THE SEX OFFENDER REGISTRY AND PERSONS REGISTERED WITH THE REGISTRY FROM THE COUNTY SHERIFF; TO ADD SECTION 23-3-540 SO AS TO PROVIDE FOR THE ACTIVE ELECTRONIC MONITORING OF CERTAIN OFFENDERS, AND A PENALTY FOR TAMPERING WITH, REMOVING, OR DAMAGING THE ELECTRONIC MONITORING DEVICE; TO ADD SECTION 23-3-550 SO AS TO PROVIDE THAT A PERSON WHO PROTECTS, HARBORS, OR CONCEALS AN OFFENDER WHO THE PERSON KNOWS IS NOT IN COMPLIANCE WITH THE PROVISIONS RELATING TO THE SEX OFFENDER REGISTRY IS GUILTY OF A FELONY; AND TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION'S AUTHORITY TO REGULATE OWNERS OF REAL ESTATE AND LICENSED REAL ESTATE AGENTS, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A CAUSE OF ACTION MAY NOT ARISE AGAINST AN OWNER OF REAL ESTATE OR A LICENSED REAL ESTATE AGENT OF ANY PARTY TO A TRANSACTION FOR FAILURE TO DISCLOSE IN A TRANSACTION THE LOCATION OF ANY REGISTERED SEX OFFENDER.
L:\COUNCIL\ACTS\3328CM05.DOC

(R183, H. 3383 (Word version)) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J.R. Smith and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND, AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 40-11-10, RELATING TO THE COMPOSITION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO IS IN THE BUSINESS OF FIRE SPRINKLER SYSTEMS WORK; AND TO REPEAL CHAPTER 45 OF TITLE 23, RELATING TO FIRE PROTECTION SPRINKLER SYSTEMS ACT.
L:\COUNCIL\ACTS\3383AC05.DOC

(R184, H. 3400 (Word version)) -- Rep. Anthony: AN ACT TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.
L:\COUNCIL\ACTS\3400SD05.DOC

(R185, H. 3582 (Word version)) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: AN ACT TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO REVISE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, BUT DOES NOT PROHIBIT INTRODUCTION OF EVIDENCE IN ANOTHER ACTION OF FAILURE TO COMPLY WITH THIS ARTICLE, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
L:\COUNCIL\ACTS\3582AC05.DOC

(R186, H. 3673 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, AND TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM CERTAIN SOURCES OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-150-356 SO AS TO PROVIDE FOR THE MANNER, PROCEDURES, AND PERCENTAGES UNDER WHICH FUNDS APPROPRIATED FROM THE EDUCATION LOTTERY ACCOUNT MUST BE USED; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO PERMANENT IMPROVEMENT PROJECTS ESTABLISHED BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS IN REGARD TO INSTITUTIONS OF HIGHER LEARNING; TO REPEAL ARTICLE 3, CHAPTER 101, TITLE 59 OF THE 1976 CODE RELATING TO HIGHER EDUCATION REGULATORY, PROCEDURAL, AND FINANCIAL MATTERS; AND TO REPEAL SECTION 59-53-425 RELATING TO AUTHORIZATION TO ESTABLISH A CERTAIN FOUR-YEAR CULINARY ARTS PROGRAM.
L:\COUNCIL\ACTS\3673SD05.DOC

(R187, H. 3730 (Word version)) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.
L:\COUNCIL\ACTS\3730SD05.DOC

(R188, H. 3767 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO THE ADMINISTRATIVE TAX PROCESS, SO AS TO INCLUDE A MONETARY PENALTY AS A SANCTION AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER, AND TO CLARIFY THE MEANING OF "FEDERAL TAX OBLIGATIONS"; TO ADD SECTION 12-58-190 SO AS TO PROHIBIT THE DELAY OR DENIAL OF A REFUND BECAUSE OF AN AUDIT; TO REPEAL SECTION 12-58-170, RELATING TO ACTIONS AGAINST THE STATE TO ENFORCE THE TAXPAYERS' BILL OF RIGHTS; TO AMEND SECTION 12-54-43, AS AMENDED, RELATING TO INTEREST DUE ON LATE TAXES, SO AS TO PROVIDE FOR THE VALUE OF BUSINESS PROPERTY; TO AMEND SECTION 6-32-40, RELATING TO PROPERTY TAX CREDITS FOR REVITALIZATION OF A TEXTILE COMMUNITY, SO AS TO PROVIDE FOR THE PASS THROUGH OF THE CREDIT CONSISTENT WITH SUBCHAPTER K RULES; TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO THE FILING OF WRITTEN INSTRUMENTS, SO AS TO AUTHORIZE THE PERSON SUBMITTING A DOCUMENT THAT THE REGISTER OF DEEDS HAS REFUSED TO FILE TO COMMENCE SUIT REQUIRING THE CLERK OF COURT OR REGISTER OF DEEDS TO ACCEPT THE DOCUMENT FOR FILING, TO DELETE THE PROVISIONS THAT ESTABLISH A PROCEDURE FOR A PERSON TO HAVE A DOCUMENT ACCEPTED FOR FILING AFTER A SWORN AFFIDAVIT IS SUBMITTED, AND TO PROVIDE A PROCEDURE FOR PREVENTING THE CLERK OF COURT OR REGISTER OF DEEDS FROM REMOVING A DOCUMENT; TO AMEND SECTIONS 12-36-90, 12-36-910, AS AMENDED, AND 12-36-1310, AS AMENDED, ALL RELATING TO THE "GROSS PROCEEDS OF SALE" SUBJECT TO SALES AND USE TAX, ALL SO AS TO EXCLUDE REPLACEMENT PARTS IN A SERVICE CONTRACT OR THE SALE OF A SERVICE CONTRACT; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO RULES FOR RETURNS AND PAYMENTS, SO AS TO REQUIRE ELECTRONIC RETURNS OR BARCODES; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATION OF VOLUNTARY CONTRIBUTIONS, SO AS TO CONSOLIDATE THE SUBJECT CHARITIES, AND TO REPEAL SECTIONS 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, AND 12-6-5090 ALL RELATING TO SPECIFIC CHARITIES; TO AMEND SECTION 12-6-1130, AS AMENDED, RELATING TO COMPUTATION OF TAXABLE INCOME FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT A DEDUCTION MUST NOT BE TAKEN BY A RELATED PERSON FOR THE ACCRUAL OF INTEREST OR EXPENSE OR BY THE HOLDER OF AN OBLIGATION FOR INTEREST PAID AS A DIVIDEND EXCEPT AS PROVIDED; TO ADD SECTION 61-2-136 SO AS TO REQUIRE A CURRENTLY LICENSED BEER AND WINE WHOLESALER OR AN ALCOHOLIC LIQUOR WHOLESALER TO NOTIFY THE DEPARTMENT OF REVENUE IN WRITING WHEN RELOCATING THE BUSINESS TO A NEW LOCATION, TO PRESCRIBE THE DETAILS THAT MUST BE INCLUDED IN THE WRITTEN NOTICE, AND TO DIRECT THE DEPARTMENT OF REVENUE TO TRANSFER THE PERMIT TO THE NEW PREMISES; TO AMEND SECTION 61-2-100, AS AMENDED, RELATING TO LICENSEES AND PERMITTEES UNDER TITLE 61, BY REQUIRING THAT A WHOLESALE LICENSEE OR PERMITTEE BE A LEGAL RESIDENT OF THE UNITED STATES AND LIVING IN THIS STATE FOR THIRTY DAYS AND BY, FURTHER, ALLOWING DENIAL OR REVOCATION OF A LICENSE OR PERMIT RESULTING FROM A MISSTATEMENT OR CONCEALMENT; TO AMEND SECTION 61-2-160, AS AMENDED, RELATING TO THE PROHIBITION ON ISSUING, RENEWING, OR TRANSFERRING AN ALCOHOL LICENSE OR PERMIT UNTIL IT IS DETERMINED THAT THE APPLICANT DOES NOT OWE THE STATE OR FEDERAL GOVERNMENT DELINQUENT TAXES, SO AS TO DELETE THE REFERENCE TO TAXES OWED TO THE FEDERAL GOVERNMENT SO THAT THE PROHIBITION APPLIES ONLY TO THOSE WHO OWE DELINQUENT STATE TAXES; TO AMEND SECTION 61-4-520, RELATING TO CONDITIONS FOR APPLICATIONS, SO AS TO RELATE IT TO RETAIL PERMITS ONLY; TO AMEND SECTION 61-4-525, RELATING TO PROTEST OF DENIAL OF PERMIT, SO AS TO REFER TO A RETAIL BEER AND WINE PERMIT; TO AMEND SECTION 61-6-4310, RELATING TO SALE OF SEIZED ALCOHOLIC LIQUORS, SO AS TO PROVIDE FOR SALE SEIZED ITEMS BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT WINE WITH A PERCENTAGE OF ALCOHOL IN EXCESS OF SIXTEEN PERCENT MAY BE SOLD ONLY IN A LICENSED LIQUOR STORE OR A SITE PERMITTED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR; TO AMEND SECTIONS 12-60-510 AND 12-60-1330, BOTH AS AMENDED, RELATING TO CONTESTED CASE HEARINGS AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, BOTH SO AS TO PROVIDE FOR A DEFAULT IF THE PROTEST IS NOT TIMELY FILED WITH THE DEPARTMENT; TO REPEAL SECTION 61-6-1520, RELATING TO PRICE DISPLAYS OF ALCOHOLIC BEVERAGES; BY ADDING SECTION 12-37-2890 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO FILE AND PAY A MOTOR CARRIER PROPERTY TAX ON A VEHICLE AND TO PROVIDE THAT SUSPENSION PURSUANT TO THIS PROVISION DOES NOT SUBJECT THE PERSON TO CUSTODIAL ARREST OR THE REQUIREMENT OF PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO USER FEES ON MOTOR FUELS, SO AS TO SUBSTITUTE THE WORD "TAX" FOR "USER FEE" AND THE PHRASE "TAXABLE MOTOR FUEL" FOR "MOTOR FUEL SUBJECT TO THE USER FEE" AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF MOTOR FUELS IN THIS STATE, SO AS TO FURTHER PROVIDE FOR THE REBUTTABLE PRESUMPTION; TO ADD SECTION 12-54-270 SO AS TO PROVIDE THAT AN UNDELIVERABLE TAX REFUND CHECK IS UNCLAIMED PROPERTY PURSUANT TO THE UNIFORM UNCLAIMED PROPERTY ACT; TO AMEND SECTION 12-18-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNCLAIMED PROPERTY ACT, SO AS TO INCLUDE AN UNDELIVERABLE TAX REFUND CHECK AS "INTANGIBLE PROPERTY"; TO AMEND SECTION 27-18-140, AS AMENDED, RELATING TO UNCLAIMED INTANGIBLE PROPERTY HELD FOR MORE THAN FIVE YEARS, SO AS TO PROVIDE THAT A MAILED TAX REFUND CHECK THAT IS RETURNED UNDELIVERABLE BY THE UNITED STATES POST OFFICE IS PRESUMED ABANDONED IF UNCLAIMED AFTER THREE MONTHS OF ITS ISSUE; TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTING OF UNCLAIMED PROPERTY, SO AS TO EXEMPT THE REPORT OF AN UNDELIVERABLE TAX REFUND CHECK FROM THE PROHIBITION OF CERTAIN DISCLOSURES BY THE DEPARTMENT OF REVENUE; TO REPEAL SECTION 12-6-5560, RELATING TO RETURNED AND UNCLAIMED TAX REFUND CHECKS; TO AMEND SECTION 12-54-46, RELATING TO THE PENALTY FOR FILING AN EXEMPTION CERTIFICATE CLAIMING AN EXCESSIVE NUMBER OF EXEMPTIONS FOR TAX PURPOSES, SO AS TO DESCRIBE SPECIFIC PROHIBITED ACTS, SET THE PENALTY AT FIVE HUNDRED DOLLARS ANNUALLY, AND PROVIDE FOR AN EXCEPTION FOR A CHANGE IN FAMILY CIRCUMSTANCES UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-2610, AS AMENDED, RELATING TO A DISCOUNT FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO INCLUDE LOCAL SALES AND USE TAX; TO AMEND SECTION 12-36-2110, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OF CERTAIN PROPERTY, SO AS TO EXCLUDE A FIRE SAFETY EDUCATION TRAILER; TO ADD ARTICLE 19 TO CHAPTER 36 OF TITLE 12, SO AS TO PROVIDE FOR SALES AND USE TAX IN CONNECTION WITH TELECOMMUNICATIONS SOURCING, INCLUDING DEFINITIONS FOR "BUNDLED TRANSACTION" AND "PREPAID WIRELESS CALLING ARRANGEMENTS"; TO AMEND SECTIONS 12-36-910 AND 12-36-1310, BOTH AS AMENDED, RELATING TO THE SALES AND USE TAX, SO AS TO CONFORM THEM TO THE PROVISION FOR SALES AND USE TAX ON TELECOMMUNICATIONS SOURCING; AND TO PROVIDE FOR THE POSTPONEMENT FOR ONE YEAR OF IMPLEMENTATION OF A COUNTYWIDE TAX EQUALIZATION AND REASSESSMENT PROGRAM; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO COUNTY DESIGNATION FOR PURPOSES OF JOBS TAX CREDIT, SO AS TO PROVIDE FOR A COUNTY WITH A LARGE JOB LOSS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE BENEFITS TO MUNICIPALITIES AS WELL AS COUNTIES; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM TAXES, SO AS TO INCLUDE CERTAIN PUBLIC BENEFIT CORPORATIONS AND PROPERTY LEASED TO A VOLUNTEER FIRE OR RESCUE SQUAD; TO AMEND SECTION 36-9-501, RELATING TO FILING A FINANCING STATEMENT IN THE APPROPRIATE FILING OFFICE TO PERFECT A SECURITY INTEREST, SO AS TO PROVIDE FOR CRIMINAL PENALTIES FOR FILING A FINANCING STATEMENT THAT IS FRAUDULENT OR THAT IS FOR THE PURPOSE OF HINDERING, HARASSING, OR INTERFERING WITH ANOTHER PERSON OR ENTITY, AND TO PROVIDE, FURTHER, FOR A CIVIL CAUSE OF ACTION AGAINST THE FILER; TO AMEND SECTION 36-9-516, RELATING TO EFFECTIVENESS OF A FILING, SO AS TO INCLUDE REJECTION BY THE SECRETARY OF STATE UPON DETERMINATION THAT THE FILING IS FOR A FRAUDULENT OR OTHERWISE IMPROPER PURPOSE, DOES NOT FALL WITHIN THE SCOPE OF CHAPTER 9 FILINGS, OR SHOWS THE SAME PERSON AS DEBTOR AND CREDITOR; TO AMEND SECTION 36-9-518, RELATING TO CORRECTION OF THE WRONGFUL FILING OF A FINANCING STATEMENT, SO AS TO PROVIDE FOR CANCELLATION OF A FINANCING STATEMENT FOR FRAUDULENT OR OTHER IMPROPER PURPOSES; TO AMEND SECTION 36-9-520, RELATING TO ACCEPTANCE AND REFUSAL TO ACCEPT A FILING, SO AS TO PROVIDE FOR THE APPEAL OF A SECRETARY OF STATE'S REJECTION OR CANCELLATION OF A WRONGFULLY FILED RECORD; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY CLASSES EXEMPT FROM TAXES, SO AS TO INCLUDE PROPERTY OWNED BY A PARAPLEGIC OR HEMIPLEGIC WITH CERTAIN DISEASES; BY ADDING SECTION 12-6-3580 AND TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, BOTH SO AS TO INCLUDE AS A TAX CREDIT FEES FOR PARTICIPATION IN THE SOUTH CAROLINA QUALITY FORUM; TO AMEND SECTIONS 12-44-30, 4-12-30, AND 4-29-67, ALL AS AMENDED, AND ALL RELATING TO SOME FORM OF FEE IN LIEU OF TAXES, SO AS TO INCLUDE A CERTIFIED ECONOMIC DEVELOPMENT PROJECT AS A QUALIFIED PROJECT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO COUNTY DESIGNATIONS FOR THE JOBS TAX CREDIT, SO AS TO PROVIDE FOR A COUNTY WHO HAS SUFFERED A LARGE JOB LOSS; BY ADDING SECTION 12-6-3580 SO AS TO PROVIDE FOR A REFUNDABLE INCOME TAX CREDIT FOR A RESIDENT MILK PRODUCER; BY ADDING SECTION 12-45-185 SO AS TO ALLOW FOR WAIVER OF A PENALTY FOR LATE PAYMENT OF TAXES UPON PROOF OF TIMELY DELIVERY; AND BY ADDING SECTION 12-6-3575 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST INCOME TAX FOR ONE-HALF THE PREMIUM COSTS FOR HEALTH INSURANCE COVERAGE UNDER CERTAIN CONDITIONS AND WITH CERTAIN LIMITATIONS.
L:\COUNCIL\ACTS\3767MM05.DOC

(R189, H. 3778 (Word version)) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: AN ACT TO AMEND SECTION 15-32-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE ACTIONS AGAINST A HEALTH CARE PROVIDER, SO AS TO INCLUDE HEALTH CARE INSTITUTIONS; TO REDESIGNATE SECTION 38-79-155 AS SECTION 38-75-775; AND TO AMEND SECTION 38-75-775, RELATING TO MEDICAL MALPRACTICE INSURANCE COVERAGE, SO AS TO CLARIFY THE PROVISIONS OF THE SECTION APPLY TO PROPERTY AND CASUALTY INSURANCE CARRIERS ISSUING MEDICAL MALPRACTICE POLICIES OF INSURANCE, TO CLARIFY THE QUALIFIED APPLICANT MUST ALSO COMPLY WITH THE PROVISIONS OF CHAPTER 75, TITLE 38, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT MANDATE THAT AN INSURANCE COMPANY MUST WRITE MEDICAL MALPRACTICE COVERAGE.
L:\COUNCIL\ACTS\3778AHB05.DOC

(R190, H. 3794 (Word version)) -- Reps. Harrell, Wilkins, Cotty, J.E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J.M. Neal, Neilson, Ott, Perry, Rice, Simrill, G.R. Smith, J.R. Smith, W.D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: AN ACT TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS; AND TO DELETE PARAGRAPH 72.107 OF PART IB OF AN ACT OF 2005 BEARING THE RATIFICATION NUMBER R.73.
L:\COUNCIL\ACTS\3794SJ05.DOC

(R191, H. 3799 (Word version)) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM (SCEIS), PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS, TO PROVIDE THOSE AGENCIES EXEMPT FROM SCEIS IMPLEMENTATION, TO PROVIDE OVERSIGHT FOR THE IMPLEMENTATION PROCESS, TO PROVIDE FOR THE COSTS AND SCHEDULE FOR IMPLEMENTATION, AND TO PROVIDE FOR STATUS REPORTING.
L:\COUNCIL\ACTS\3799HTC05.DOC

(R192, H. 3840 (Word version)) -- Reps. Sandifer and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-200 SO AS TO DEFINE THE TERMS "COMMUNICATIONS SERVICE PROVIDER" AND "COMMUNICATIONS SERVICE" FOR PURPOSES OF SECTIONS 58-9-295 AND 58-9-297, ADDED BELOW; BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR A PARENT COMPANY, SUBSIDIARY, OR AFFILIATE OF A COMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES A PERSON OR ENTITY TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE, OR THAT OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY THAT ARE CONTINGENT UPON RESTRICTING OR LIMITING THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE, TO PROVIDE EXCEPTIONS, TO PROVIDE CIVIL PENALTIES FOR VIOLATION, AND TO PROVIDE THAT ALL CONTRACTS MADE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION ARE VOID AND UNENFORCEABLE; BY ADDING SECTION 58-9-297 SO AS TO PROVIDE THAT NO OTHER COMMUNICATIONS SERVICE PROVIDER, INCLUDING A CARRIER OF LAST RESORT, SHALL BE OBLIGATED TO PROVIDE ANY COMMUNICATIONS SERVICE TO THE OCCUPANTS OF A MULTI-TENANT BUSINESS OR RESIDENTIAL PROPERTY IF THE OWNER OR DEVELOPER PERMITS ONLY ONE COMMUNICATIONS SERVICE PROVIDER TO INSTALL ITS FACILITIES OR EQUIPMENT DURING THE CONSTRUCTION PHASE OF THE PROPERTY, ACCEPTS OR AGREES TO ACCEPT INCENTIVES OR REWARDS FROM A COMMUNICATIONS SERVICE PROVIDER, COLLECTS FROM THE OCCUPANTS OF THE PROPERTY CHARGES FOR THE PROVISION OF COMMUNICATIONS SERVICE TO THE OCCUPANTS, OR ENTERS INTO AN AGREEMENT WITH A COMMUNICATIONS SERVICE PROVIDER THAT IS IN VIOLATION OF SECTION 58-9-295; AND TO PROVIDE THAT THE ABOVE PROVISIONS OF THIS ACT SHALL BECOME VOID AND UNENFORCEABLE UNDER CERTAIN CONDITIONS.
L:\COUNCIL\ACTS\3840SD05.DOC

(R193, H. 3883 (Word version)) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: AN ACT TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO MANUFACTURED HOUSING, SO AS TO REVISE THE DEFINITION OF "MANUFACTURED HOME RETAIL DEALER", TO DELETE THE EXCLUSION FROM THE DEFINITION OF CERTAIN BANKS AND FINANCE COMPANIES, AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE AND A LIENHOLDER WHO DISPOSES OF A REPOSSESSED MANUFACTURED HOME BY MEANS OF A CONTRACT WITH A LICENSE MANUFACTURED HOME RETAIL DEALER.
L:\COUNCIL\ACTS\3883HTC05.DOC

(R194, H. 3897 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3897AC05.DOC

(R195, H. 3906 (Word version)) -- Reps. Harrell, Bales and Neilson: AN ACT TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT THE SCHOLARSHIP IS AVAILABLE TO CERTAIN ELIGIBLE RESIDENT STUDENTS, TO DEFINE CERTAIN TERMS, TO PROVIDE THE CRITERIA THE STUDENTS MUST MEET TO RECEIVE THE SCHOLARSHIP; TO AMEND SECTION 2-77-15, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, SO AS TO REVISE THE DEFINITION OF ELIGIBLE INSTITUTION; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE DEFINITION OF PUBLIC OR INDEPENDENT INSTITUTION; AND TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT WHOSE PARENT OR GUARDIAN HAS SERVED IN OR HAS RETIRED FROM ONE OF THE UNITED STATES ARMED FORCES WITHIN THE LAST FOUR YEARS AND HAS MET CERTAIN OTHER REQUIREMENTS IS ELIGIBLE FOR IN-STATE TUITION AND FEES AND TO PROVIDE THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION MUST INCLUDE THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.
L:\COUNCIL\ACTS\3906SJ05.DOC

(R196, H. 3984 (Word version)) -- Reps. Leach, Haskins, G.M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E.H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: AN ACT TO AMEND SECTION 16-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HOUSEHOLD MEMBER" FOR PURPOSES OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO PROVIDE A DEFINITION FOR THE TERM; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE FINES FOR A PERSON WHO COMMITS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE AND TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE EXISTING MAXIMUM PENALTY; BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 16-25-120 SO AS TO PROVIDE ADDITIONAL FACTORS THE COURT MAY CONSIDER WHEN DETERMINING WHETHER TO RELEASE A PERSON ON BOND WHO HAS BEEN CHARGED WITH A VIOLENT OFFENSE WHEN THE VICTIM IS A HOUSEHOLD MEMBER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO THE DEFINITION OF "HOUSEHOLD MEMBER" FOR PURPOSES OF DOMESTIC ABUSE, SO AS TO PROVIDE A DEFINITION FOR THE TERM; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE A PENDING MOTION OR PETITION FOR RELIEF SHALL NOT BE DISMISSED SOLELY BECAUSE THE UNDERLYING ACTION IS DISMISSED; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; TO AMEND SECTION 20-4-80, RELATING TO MAILING OR SERVICE OF A CERTIFIED COPY OF AN ORDER, SO AS TO QUALIFY THAT IT IS A CERTIFIED COPY OF AN ORDER OF PROTECTION; TO AMEND SECTION 20-4-140, AS AMENDED, RELATING TO ORDERS OF PROTECTION, SO AS TO REQUIRE LAW ENFORCEMENT TO FORWARD A CERTIFIED COPY OF THE ORDER WITHIN TWENTY-FOUR HOURS TO THE FEDERAL BUREAU OF INVESTIGATION; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; TO AMEND SECTION 23-6-440, AS AMENDED, RELATING TO LAW ENFORCEMENT CERTIFICATION, SO AS TO PROVIDE FOR REVOCATION OF A LAW ENFORCEMENT CERTIFICATION IF THE PERSON IS CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE; AND TO CREATE A STUDY COMMITTEE TO STUDY CRIMINAL DOMESTIC VIOLENCE ISSUES AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2006.
L:\COUNCIL\ACTS\3984AHB05.DOC

(R197, H. 4044 (Word version)) -- Rep. Ott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
L:\COUNCIL\ACTS\4044SD05.DOC

(R198, H. 4157 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\4157AC05.DOC

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following name was reported to the Senate in open session:

STATEWIDE APPOINTMENT
Confirmation

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointment was confirmed in open session:

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2005, and to expire July 27, 2008

4th Congressional District:

Phyllis Henderson, 110 Silver Creek Court, Greer, S.C. 29650 VICE Elizabeth Carroll Belenchia

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Vernon J. Disney who passed away on May 28, 2005. He was the devoted husband of Marie Disney and beloved father of Vernon J. Disney II and his wife, Bonnie, and Darlene M. Italiano and her husband, Peter. He is also survived by seven grandchildren and nine great-grandchildren and was preceded in death by one granddaughter. A member of the "Greatest Generation," Mr. Disney proudly served his country in the 8th Army Air Force in WWII and retired from Proctor & Gamble after 40 years as an Industrial Engineer. He was a Mason for over 60 years and was also a member of both Scottish Rite and Boumi Shrine for over 50 years. An avid square dancer for many years, he and his wife, Marie, danced on a float in the Rose Bowl Parade in 1980. He will be deeply missed by the family and friends who loved him so dearly. May his memory be eternal.

ADJOURNMENT

At 4:42 P.M., on motion of Senator MARTIN, the Senate adjourned pursuant to the provisions of H. 4159, the Sine Die Resolution.

* * *

This web page was last updated on Wednesday, June 24, 2009 at 1:20 P.M.