Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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 Senator THOMAS as follows:
Today, on the occasion of his birthday, let us hear a portion of the prayer of President George Washington that he prayed on behalf of the United States:
"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy Holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large.
And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author ..."
Amen!
At 2:07 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
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. 1024 (Word version), R-227, a Joint Resolution:
TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
This Bill is special legislation that would give Greenville County the authority to postpone implementation of the revised values determined in its 2005 countywide appraisal and equalization program. While I applaud the spirit of this legislation, we should be careful not to create new laws to do things already allowed in existing law. This well intended piece of legislation, built around the anticipation of property tax reform on the horizon in the General Assembly, does just that.
The purpose of this Bill has been accomplished by general law, Act 145, H. 3768, R-150. Act 145 of 2005, which updated our state tax code, gives all counties the authority to postpone implementation of reassessment program values for an additional property tax year. I signed H. 3768, R-150 into law on June 7, 2005; and accordingly, this Bill is not necessary.
To be clear, our tax code allows a postponement of one year, which Greenville has utilized, and the tax code update that passed in 2005 allows postponement for an additional year. In other words, the county could decide tomorrow of its own accord to postpone reassessment for a second year.
This veto is also based on my belief that S. 1024, R-227 is unconstitutional. Since this Bill affects only Greenville County, it violates Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." If the General Assembly decides that counties should hold off on adjusting values, a statewide Bill would be more a more appropriate vehicle.
For these reasons, I am vetoing and returning S.1024, R-227 to you without my signature.
Sincerely,
/s/ Mark Sanford
(R227, S1024 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
The veto of the Governor was taken up for immediate consideration.
Senator THOMAS 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:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., February 22, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.236, H. 4494 by a vote of 2 to 0:
(R236, H4494 (Word version)) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
(R236, H4494 (Word version)) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO 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:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., February 22, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.233, H. 3381 by a vote of 78 to 25:
(R233, H3381 (Word version)) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE THE TERMS "LOCAL GOVERNING BODY", "OFF-PREMISES OUTDOOR ADVERTISING SIGN", "JUST COMPENSATION", AND "SIGN OWNER", TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT; BY ADDING SECTION 57-25-145 SO AS TO RESTRICT THE USE OF OFF-PREMISES OUTDOOR ADVERTISING SIGNS FOR ADULT OR SEXUALLY-ORIENTED BUSINESSES WITHIN ONE MILE OF A PUBLIC HIGHWAY AND TO PROVIDE A CRIMINAL PENALTY FOR A VIOLATION OF THIS RESTRICTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO ADD THE TERMS "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE SECONDARY EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
Very respectfully,
Speaker of the House
Received as information.
(R233, H3381 (Word version)) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE THE TERMS "LOCAL GOVERNING BODY", "OFF-PREMISES OUTDOOR ADVERTISING SIGN", "JUST COMPENSATION", AND "SIGN OWNER", TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT; BY ADDING SECTION 57-25-145 SO AS TO RESTRICT THE USE OF OFF-PREMISES OUTDOOR ADVERTISING SIGNS FOR ADULT OR SEXUALLY-ORIENTED BUSINESSES WITHIN ONE MILE OF A PUBLIC HIGHWAY AND TO PROVIDE A CRIMINAL PENALTY FOR A VIOLATION OF THIS RESTRICTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO ADD THE TERMS "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE SECONDARY EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
Senator LEVENTIS spoke on the veto.
At 2:17 P.M., Senator McCONNELL assumed the Chair.
Senator LEVENTIS spoke on the veto.
At 2:20 P.M., the PRESIDENT assumed the Chair.
Senator LEVENTIS spoke on the veto.
Senator LEVENTIS moved to sustain the veto by the Governor.
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:
Alexander Anderson Bryant Cleary Cromer Elliott Fair Ford Grooms Hawkins Knotts Land Leatherman Martin Matthews McConnell Moore O'Dell Patterson Peeler Rankin Reese Ritchie Ryberg Scott Thomas Verdin Williams
Campsen Courson Drummond Gregory Hayes Hutto Leventis Lourie Malloy McGill Richardson Sheheen Short
Setzler
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
I abstained from voting on the override of the Governor's veto as our office currently represents a municipality in litigation against an outdoor advertising company, and I do not want there to be any question regarding compliance with the ethics laws of the State of South Carolina.
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 vetoing and returning without my approval S. 1074, R-229.
(R229, S1074 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
I commend the thinking behind this Bill because it represents an ongoing discussion between business and educational leaders on making two-year or technical education a more acceptable choice in the education marketplace. The General Assembly has been a vital part of the formula that has led us to a great technical system that has a unified image or brand throughout this country.
Should it be determined that we do, in fact, need to rename our technical system, for the sake of economic development, I don't believe we should have 10 or 15 competing brands across the State. In this Bill, the Tri-County Commission on Technical Education would be allowed to change the name of Tri-County Technical College to any one of three possibilities. This is the second time this year special legislation has been passed allowing a technical school to change its name.
Two weeks ago this administration expressed concern with H. 4394, a Bill that allowed the Spartanburg Commission for Technical Education to change the name of Spartanburg Technical College to one of three possibilities. We warned that it would set a precedent for every technical school in South Carolina to chart its own course with regard to brand identity. We were also concerned about the real possibility of having multiple institutions with multiple names, and the impact it would have on marketing the State for economic development. The passing of S. 1074 shows our concerns were warranted. Should the Tri-County Commission decide to rename its institution in a manner unlike that of the new name of Spartanburg Technical College, then the uniformity and perception of our state's technical system could be negatively affected.
South Carolina is one of the few states remaining with an established technical system, and it has developed a reputation nationally for being able to work with businesses coming into the State to quickly and effectively train workers. In addition, the technical system has become an important option for young workers as an affordable way to develop work skills.
Our Center for Accelerated Technology Training Program, or CATT program, is one of the oldest and most highly regarded workforce training programs in the United States. Over the past 45 years, the CATT program has received recognition at both the national and international level and has served as an effective economic recruitment tool. The CATT program was instrumental in bringing international companies, such as BMW and Fuji, to South Carolina. These companies have become important corporate citizens here in the State.
Currently within the Senate, there is a Bill that allows for a system-wide name change among the technical colleges. This Bill accomplishes this while ensuring that some uniformity still exists in the system with regard to naming. We believe it would not be best to engage in the process of changing each institution's name individually when there is a piece of legislation currently in the Senate that does this on a statewide basis.
A strength of the technical college system is greater coordination than we see in the traditional university system here in South Carolina. One of the greatest challenges we face in South Carolina is the large number of higher education institutions. With 33 public institutions and 79 campuses, higher education in South Carolina has become fractured and uncoordinated. This lack of structure is costly and is contributory in the debate on higher education costs currently before our State.
For the reasons stated above, I am vetoing S. 1074, R-229, and returning it without my approval.
Sincerely,
/s/ Mark Sanford
(R229, S1074 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
The veto of the Governor was taken up for immediate consideration.
Senator O'DELL moved that the veto of the Governor be sustained.
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:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
The following was received and referred to the appropriate committee for consideration:
Document No. 3043
Agency: Commission for Minority Affairs
SUBJECT: State Recognition of Native American Indians
Received by Lieutenant Governor February 22, 2006
Referred to Judiciary Committee
Legislative Review Expiration January 29, 2007
Senator CLEARY introduced Dr. Andrew Pate of Mount Pleasant, S.C., Doctor of the Day.
On motion of Senator MATTHEWS, at 2:05 P.M., Senator JACKSON was granted a leave of absence for today.
Senator PINCKNEY rose for an Expression of Personal Interest.
S. 958 (Word version) -- Senators Cleary, Elliott, Lourie, Leventis, Scott, Anderson, Reese, Rankin, Land, Sheheen, Hutto, Grooms, Knotts and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 958.
On motion of Senator HAYES, with unanimous consent, Senators HAYES, SETZLER and RICHARDSON were granted leave to attend a meeting of a committee of conference, be counted in any quorum calls and be granted leave to vote from the balcony.
H. 4607 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED FAMILY COURT JUDGE WILLIAM J. MCLEOD IN RECOGNITION OF HIS MANY CONTRIBUTIONS, AND INSTALL APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "JUDGE BILL MCLEOD INTERCHANGE".
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1169 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST RESPECTED AND ADMIRED PASTORS, DR. LONNIE H. SHULL, JR., PASTOR OF FIRST BAPTIST CHURCH OF WEST COLUMBIA, UPON THE OCCASION OF HIS RETIREMENT FROM THE ACTIVE MINISTRY ON FEBRUARY 28, 2006, AFTER FIFTY YEARS OF CONTINUOUS PASTORAL MINISTRY.
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The Senate Resolution was adopted.
S. 1170 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO HONOR AND RECOGNIZE DEBORAH B. HARWELL OF MYRTLE BEACH FOR HER OUTSTANDING CONTRIBUTIONS TO HER CAREER AND COMMUNITY AND CONGRATULATE HER FOR RECEIVING A MARY DEAN BREWER WOMAN OF ACHIEVEMENT AWARD ON MARCH 9, 2006.
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The Senate Resolution was adopted.
S. 1171 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO HONOR AND RECOGNIZE LEIGH AMMONS MEESE OF MYRTLE BEACH FOR HER OUTSTANDING CONTRIBUTIONS TO HER CAREER AND COMMUNITY AND CONGRATULATE HER FOR RECEIVING A MARY DEAN BREWER WOMAN OF ACHIEVEMENT AWARD ON MARCH 9, 2006.
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The Senate Resolution was adopted.
S. 1172 (Word version) -- Senators Land, Martin, Alexander, Matthews, O'Dell, Fair and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12, CHAPTER 77 TO TITLE 38 SO AS TO ENACT THE VEHICLE PROTECTION PRODUCT ACT.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
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The Concurrent Resolution was introduced and referred to the General Committee.
S. 1174 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.
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Read the first time and referred to the Committee on Judiciary.
S. 1175 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT.
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Read the first time and referred to the Committee on Finance.
S. 1176 (Word version) -- Senators Malloy, Knotts, Sheheen, McConnell and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA FALSE CLAIMS ACT" PROVIDING FOR DEFINITIONS OF CERTAIN TERMS, LIABILITY FOR FALSE OR FRAUDULENT CLAIMS UNDER CERTAIN CIRCUMSTANCES, PROCEDURES FOR CIVIL ACTIONS FOR FALSE CLAIMS, THE PROCEDURE AND CONTENTS OF CIVIL INVESTIGATIVE DEMANDS, AND CREATING THE STATE FALSE CLAIMS ACT INVESTIGATION AND PROSECUTION FUND.
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Read the first time and referred to the Committee on Judiciary.
S. 1177 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO COMMEMORATE THE 150TH ANNIVERSARY OF NEWBERRY COLLEGE AND THE COLLEGE ALUMNI ASSOCIATION'S CREATION OF AN INTERNATIONAL SYMPOSIUM PLANNED FOR APRIL 2006 TO RECOGNIZE THE LIFE AND WORK OF THE COLLEGE'S FOUNDER, THE REVEREND DOCTOR JOHN BACHMAN, AND TO DECLARE FEBRUARY IN SOUTH CAROLINA "JOHN BACHMAN MONTH".
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The Senate Resolution was adopted.
S. 1178 (Word version) -- Senators Malloy, Patterson, Lourie and Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR AL JARREAU FOR HIS EXTRAORDINARY TALENTS IN VOCAL PERFORMANCE AND TO COMMEMORATE HIS APPEARANCE AT THE AUNTIE KAREN FOUNDATION LEGENDS OF SPONSORSHIP OPPORTUNITIES CONCERT SERIES ON FEBRUARY 24, 2006.
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The Senate Resolution was adopted.
H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4666 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER AND PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4666 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4689 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR W. ANDREW "ANDY" ARNOLD OF GREENVILLE COUNTY FOR HIS REMARKABLE ACCOMPLISHMENTS IN ACADEMIA AND THE LEGAL REALM AND TO COMMEND HIM FOR HIS BENEVOLENT CONTRIBUTIONS TO THE COMMUNITY AND STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4694 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR VANDERLYN "VAN" MCCLOUD, COACH OF THE KEENAN HIGH SCHOOL GIRLS BASKETBALL TEAM, FOR HER EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF THE MANY YOUNG PEOPLE SHE HAS TAUGHT AND COACHED AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4698 (Word version) -- Reps. Lucas and Coates: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS OF THE 2005 LADY TITANS TENNIS TEAM OF TRINITY COLLEGIATE SCHOOL IN DARLINGTON AND COACH MERI LYN ROGERS ON THE TEAM'S THIRD CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4699 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the General Committee.
Columbia, S.C., February 21, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 22, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 22, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1158 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE TENTH ANNIVERSARY OF THE SOUTH CAROLINA BOOK FESTIVAL ON FEBRUARY 24 THROUGH 26, 2006, AT THE METROPOLITAN CONVENTION CENTER IN COLUMBIA, SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO PARTICIPATE IN THIS EXCEPTIONAL EVENT, AND TO WISH THE HUMANITIES COUNCIL SC SUCCESS IN CONTINUING TO PRESENT THE SOUTH CAROLINA BOOK FESTIVAL FOR MANY MORE YEARS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220 AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, AND 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, AND 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60 AND 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; SECTION 58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, AND 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.
S. 774 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-21-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES' COMMUNITY SUPERVISION PROGRAM, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE LENGTH OF ADDITIONAL TIME A PRISONER MUST SERVE IN A COMMUNITY SUPERVISION PROGRAM AND INCARCERATION WHEN HIS SENTENCE TO COMMUNITY SUPERVISION IS REVOKED, TO PROVIDE THAT THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO SERVE WHEN SENTENCED FOR SUCCESSIVE REVOCATIONS MAY NOT EXCEED AN AMOUNT OF TIME EQUAL TO THE LENGTH OF INCARCERATION IMPOSED LIMITED BY THE AMOUNT OF TIME REMAINING ON THE ORIGINAL "NO PAROLE OFFENSE"; AND TO PROVIDE THAT THE PRISONER MUST NOT SERVE LONGER THAN THE ORIGINAL SENTENCE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (DKA\3620CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 24-21-560(D) of the 1976 Code as added by Act 83 of 1995 is amended to read:
"(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The maximum aggregate amount of time a prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed limited by the amount of time remaining on the original 'no parole offense'. The prisoner must not be incarcerated for a period longer than the original sentence. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 4190 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE 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 LANGUAGE.
On motion of Senator ANDERSON, with unanimous consent, H. 4190 was ordered to receive a third reading on Thursday, February 23, 2006.
S. 687 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM BEING LICENSED OR REGISTERED, SO AS TO PROVIDE THAT CERTAIN TRAILERS THAT ARE USED IN CONNECTION WITH A BUSINESS VENTURE OF ITS OWNER ARE EXEMPT FROM BEING LICENSED OR REGISTERED; AND TO AMEND SECTION 56-5-4580, AS AMENDED, RELATING TO LIGHTING EQUIPMENT THAT MUST BE ATTACHED TO BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE ALL TRAILERS, SEMITRAILERS, AND POLE TRAILERS WEIGHING THREE THOUSAND POUNDS GROSS OR LESS TO BE EQUIPPED WITH ONE STOP LIGHT.
On motion of Senator GROOMS, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator MARTIN spoke on the Resolution.
Senators HAYES and LEATHERMAN proposed the following Amendment No. 1 (BBM\9283HTC06), which was tabled:
Amend the joint resolution, as and if amended, in SECTION 3, page 5, by striking Section 17(B)(3) and inserting:
/ (3) A taxing jurisdiction may increase its millage rate in excess of the limitation required in items (1) or (2) upon either:
(a) at least a three-fourths vote of the governing body; or
(b) a majority vote of the qualified electors voting in a referendum held at the time of the general election. Notwithstanding any law to the contrary, this referendum may be called only upon the majority vote of the governing body and must be governed according to state law. The question for the referendum must be substantially in the following form: 'Do you favor raising the millage rate of the [name of taxing jurisdiction] for the purpose of [insert purpose]?' If approved by the majority vote of the electors in a referendum, the taxing jurisdiction's millage rate is adjusted for any future fiscal years. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
Senator MARTIN spoke on the amendment.
Senator HUTTO spoke on the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Elliott Fair Gregory Grooms Hawkins Knotts Martin McConnell O'Dell Peeler Ryberg Short Thomas Verdin
Anderson Hayes Hutto Land Leatherman Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Rankin Reese Richardson Ritchie Setzler Sheheen Williams
The PRESIDENT voted "aye."
The amendment was laid on the table.
Senator SHEHEEN proposed the following Amendment No. 2 (JUD0969.001), which was adopted:
Amend the joint resolution, as and if amended, page 2, by striking lines 15 through 27, as contained in SECTION 1, and inserting therein the following:
/ (2) If a tax must be levied to pay for:
(a) the deficiency of the preceding year,
(b) any catastrophic event outside the control of the governing body such as a natural disaster, severe weather event, act of God, or act of terrorism, fire, war, or riot,
(c) compliance with a court order or decree, or
(d) taxpayer closure due to circumstances outside the control of the governing body that decreases by ten percent or more the amount of revenue payable to the taxing jurisdiction in the preceding year,
then the amount of tax for each taxpayer must be listed on the tax statement as a separate surcharge, for each aforementioned applicable subitem, and not be included with a general millage increase. Each separate surcharge must have an explanation of the reason for the surcharge. The surcharge must be continued only for the years necessary to pay for the deficiency, for the catastrophic event, or for compliance with the court order or decree. /
Amend the joint resolution further, as and if amended, page 3, by striking lines 30 through 37, as contained in SECTION 2, and inserting therein the following:
/ "Must Section 7, Article X of the Constitution of this State be amended to make grammatical and organizational changes and to provide that if a tax must be levied to pay for a deficiency of the preceding year, for any catastrophic event outside the control of the governing body, for compliance with a court order or decree, or for taxpayer closure due to circumstances outside the control of the governing body that decreases by ten percent or more the amount of revenue payable to the taxing jurisdiction in the preceding year, then the amount of tax paid by a taxpayer must be listed on the tax statement as a separate surcharge and not be included with a general millage increase? /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
Senator SHEHEEN moved that the amendment be adopted.
Senator MARTIN spoke on the amendment.
The amendment was adopted.
Senators MARTIN, THOMAS and RYBERG proposed the following Amendment No. 3 (JUD0969.002), which was withdrawn:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___. A. It is proposed that Article X of the Constitution of this State be amended by adding:
"Section 15A. For purposes of Sections 14 and 15 of this article, a complete or partial successor-in-interest to, or other transferee of, a political subdivision or school district of this State or other associate of any kind of the political subdivision or school district, when that successor-in-interest, transferee, or associate of the political subdivision or school district undertakes a duty of the political subdivision or school district and in that undertaking incurs debt after the ratification date of this section serviced by general obligation borrowing of the political subdivision or school district is deemed to be the political subdivision or school district; and the debt incurred is deemed general obligation debt of the political subdivision or school district subject to any and all requirements, including, but not limited to, any referendum requirement, for incurring general obligation debt by the political subdivision or school district."
B. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article X of the Constitution of this State be amended by adding Section 15A, so as to provide that for purposes of the limits on bonded indebtedness, a complete or partial successor-in-interest to, or other transferee of, a political subdivision or school district of this State or other associate of any kind of the political subdivision or school district, when that successor-in-interest, transferee, or associate of the political subdivision or school district undertakes a duty of the political subdivision or school district and in that undertaking incurs debt after the ratification date of this section serviced by general obligation borrowing of the political subdivision or school district is deemed to be the political subdivision or school district; and the debt incurred is deemed general obligation debt of the political subdivision or school district subject to any and all requirements, including, but not limited to, any referendum requirement, for incurring general obligation debt by the political subdivision or school district?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
On motion of Senator MARTIN, with unanimous consent, the amendment was withdrawn.
Senator HUTTO proposed the following Amendment No. 4 (BBM\ 9284HTC06), which was carried over:
Amend the joint resolution, as and if amended, in Section 7(B), as contained in SECTION 1, page 2, by striking item (2) and inserting:
/ (2) If a tax must be levied to pay for:
(a) the deficiency of the preceding year,
(b) any catastrophic event outside the control of the governing body such as a natural disaster, severe weather event, act of God, or act of terrorism, fire, war, or riot,
(c) compliance with a court order or decree, or
(d) compliance with a regulation or statute,
the amount of tax for each taxpayer must be listed on the tax statement as a separate surcharge, for each aforementioned applicable subitem, and not included with a general millage increase. Each separate surcharge must have an explanation of the reason for the surcharge. The surcharge must be continued only for the years necessary to pay for the deficiency, the catastrophic event, or compliance with the court order or decree. /
Amend further, in SECTION 2, page 3, by striking the question and inserting:
/ "Must Section 7, Article X of the Constitution of this State be amended to make grammatical and organizational changes and to provide that if a tax must be levied to pay for a deficiency of the preceding year, any catastrophic event outside the control of the governing body, or compliance with a court order, decree, regulation, or statute the amount of tax paid by a taxpayer must be listed on the tax statement as a separate surcharge and not included with a general millage increase? /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 4 was carried over.
Senators SHEHEEN, SETZLER, COURSON and MARTIN proposed the following Amendment No. 5 (JUD0969.003):
Amend the joint resolution, as and if amended, page 4, by striking lines 10 and 11, as contained in SECTION 3 and inserting therein the following:
/ (2) 'Governing body' means the body of elected officials that exercise the taxing authority for a school district or a taxing jurisdiction. /
Amend the joint resolution further, as and if amended, page 4, by striking lines 22-40 in their entirety, as contained in SECTION 3 and inserting therein the following:
/ (B)(1) Except as provided in items (2), (3), and (4), a school district is required to limit an increase in the millage rate to no more than the average of the percentage increases in the total personal income growth in the State for each of the three previously completed calendar years for which figures are available from the United States Department of Commerce.
(2) The limitation imposed by this subsection shall not apply to a school district that does not have fiscal autonomy and has its millage determined by referendum. If a school district that does not have fiscal autonomy has its millage increase determined by referendum, no limitation is imposed upon the amount by which the millage is increased.
(3) The limitation imposed by this subsection shall not apply to a school district that has a more restrictive limitation upon increasing millage imposed by a local law enacted by the General Assembly and applicable to that school district. A school district must comply with a more restrictive limitation upon increasing millage that is imposed by applicable local law enacted by the General Assembly.
(4) A school district that has fiscal autonomy may increase its millage rate in excess of the limitation required in items (1) or (3) upon the majority vote of the qualified electors voting in a referendum held at the time of the general election. Notwithstanding any law to the contrary, such election may be called only upon the majority vote of the governing body and must be governed according to state law. The question for the referendum must be substantially in the following form: 'Do you favor raising the millage rate of the [name of taxing jurisdiction] for the purpose of [insert purpose]?' If approved by the majority vote of the electors in a referendum, the taxing jurisdiction's millage rate is adjusted for any future fiscal years. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
Senator MARTIN spoke on the amendment.
On motion of Senator MARTIN, debate was interrupted by adjournment.
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Norman Kennemer of Pickens, S.C., former Mayor of Pickens and County Auditor, who passed away on February 20, 2006.
At 4:45 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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