Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, let us pray.

Almighty God - our Father - The Lord of Heaven and earth. We thank You for the causes to which we can give our energies and our devotion.

On this Flag Day, 2006, we thank You for the symbol of our flag that stirs our minds to rethink the traditions of the past. May this day be a rededication of our minds, our hearts and our resources that, with every American, we SHALL NOT FAIL either our forebearers or our posterity.

Give us more men and women "whom power cannot corrupt and whom death cannot terrify."

Help us, as loyal sons and daughters of this country, to help build a new America that may continue to be "ONE NATION... UNDER GOD..." in Thy Holy Name!
Amen!

Pursuant to an invitation as contained in the provisions of S. 1445, the Sine Die Resolution, the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 7, 2006, at 11:00 A.M. and the following Acts and Joint Resolutions were ratified:

(R384, S. 229 (Word version)) -- Senator Grooms: AN ACT TO AMEND SECTION 16-17-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO INCLUDE GAME FOWL TESTING IN THE OFFENSE, DEFINE THE TERM "ILLEGAL GAME FOWL TESTING", INCREASE THE PENALTIES, PROVIDE FOR FORFEITURE OF CERTAIN PROPERTY GAINED OR USED IN A VIOLATION OF THIS OFFENSE, AND TO REQUIRE GAME FOWL BREEDERS AND TESTING FACILITIES TO COMPLY WITH REGULATIONS REGARDING AVIAN INFLUENZA PREPAREDNESS AND TESTING; TO AMEND SECTION 16-27-50, RELATING TO THE SEIZURE OF ANIMALS WHEN A PERSON VIOLATES THE PROVISIONS OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE OFFENSE OF CRUEL WORK OF ANIMALS APPLY AND TO PROVIDE THAT A VIOLATION OF THE ANIMAL FIGHTING AND BAITING ACT MUST BE CONSIDERED AS CRUEL TREATMENT OF AN ANIMAL AND THE OWNER MUST BE DEEMED UNFIT; BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF CERTAIN PROPERTY WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-80, RELATING TO EXCEPTIONS FOR DOGS USED FOR HUNTING AND FOX-PEN-TRIALS, SO AS TO ALSO EXCEPT DOGS HUNTING ON SHOOTING PRESERVES OR WILDLIFE MANAGEMENT AREAS BUT TO SPECIFICALLY INCLUDE HOG-DOG FIGHTS, HOG-DOG RODEOS, AND HOG-DOGGING WHEN BETTING TAKES PLACE OR WHEN AWARDS ARE GIVEN BASED ON THE ABILITY OF A DOG TO CATCH A HOG UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES, SO AS TO PROVIDE PROCEDURES FOR A DEFENDANT OR HIS ATTORNEY TO PROVIDE WRITTEN NOTICE OF THE PERSON'S INTEREST IN THE PROPERTY SEIZED.
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(R385, S. 368 (Word version)) -- Senators Leatherman, O'Dell, Setzler and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, TO PROVIDE EXCEPTIONS, TO REQUIRE AN AWARD TO A RESIDENT OR A NONRESIDENT OF A CONTRACT INVOLVING DESIGN SERVICES TO HAVE A WRITTEN DETERMINATION EXPLAINING WHY THE AWARD WAS MADE, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
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(R386, S. 572 (Word version)) -- Senators Leatherman and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO PROVIDE FOR THE SALE OF UNSERVICEABLE SUPPLIES BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED; SECTIONS 11-35-1525 AND 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4330, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE STATE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONTRACTS, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY SHALL HAVE CERTAIN GOALS FOR ITS TOTAL DOLLAR AMOUNT OF FUNDS EXPENDED WITH REGARD TO A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11, RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; AND TO AMEND SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11, RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
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(R387, S. 881 (Word version)) -- Senator Ritchie: AN ACT TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 4O, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS AND PROVIDE FOR A WAIVER FOR CERTAIN EXAMINATIONS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; PROVIDE THAT THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY INCOMPETENT; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OR LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE PROCEDURE LEADING UP TO A HEARING; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE FOR THE REPORTING OF THE CHANGE IN STATUS OF A LICENSE TO THE LICENSEE'S LAST KNOWN EMPLOYER; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON; PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; PROVIDE THAT FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE THAT A FORMAL COMPLAINT AND ANSWER MUST BE MADE AVAILABLE TO THE PUBLIC EXCEPT FOR CERTAIN RECORDS; PROVIDE FOR THE CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO PROCEEDINGS; PROVIDE THAT THE DEPARTMENT SHALL TRY TO PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE THAT THE PHYSICIAN OR DENTIST RESPONSIBLE FOR SUPERVISION OF A CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE IDENTIFIED ON THE ANESTHESIA RECORD BEFORE ADMINISTRATION OF ANESTHESIA; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
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(R388, S. 1138 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES AND TO PROVIDE FOR THE IMPOSITION OF THE DEATH PENALTY FOR REPEAT OFFENDERS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 17-23-175 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING AN OUT-OF-COURT STATEMENT MADE TO A THIRD PARTY BY A CHILD VICTIM OR CHILD WITNESS TO BE ADMISSIBLE IN A GENERAL SESSIONS OR FAMILY COURT; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING THESE PERSONS; AND BY ADDING SECTION 23-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE HANDLING OF PERSONS CONVICTED OF WILFULLY VIOLATING A TERM OR CONDITION OF ELECTRONIC MONITORING.
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(R389, S. 1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD AS SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; 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; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF FUEL IN THIS STATE, SO AS TO INCLUDE BLENDED, SUBSTITUTE, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; BY ADDING SECTION 61-6-720 SO AS TO PROVIDE FOR A SPECIAL BAKERY FOOD MANUFACTURER'S LICENSE FOR BAKERIES USING ALCOHOLIC BEVERAGES IN FOOD PREPARATION; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; TO REPEAL SECTIONS 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION AND 12-36-530, RELATING TO RETURN OF LICENSE UPON CLOSING OF BUSINESS; TO AMEND SECTION 12-6-5590, RELATING TO DETERMINING DONATIVE INTENT, SO AS TO DELETE THE EXCLUSION FOR CONSERVATION CONTRIBUTION IN CONNECTION WITH A GOLF COURSE; TO AMEND SECTION 12-58-160, RELATING TO THE RELEASE OF AN ERRONEOUSLY FILED LIEN, SO AS TO PROVIDE THAT NOTICE OF THE RELEASE DOES NOT BREACH THE DEPARTMENT'S NONDISCLOSURE RULES; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE AGE REQUIREMENT FOR A SURVIVING SPOUSE TO BE ELIGIBLE FOR THE EXEMPTION; BY ADDING SECTION 12-37-714 SO AS TO PROVIDE FOR THE TAXATION OF BOATS WITH A SITUS IN THIS STATE; BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT"; TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE, SO AS TO REQUIRE THE REFUND ALSO OF THE AMOUNT OF INTEREST ACTUALLY EARNED; BY ADDING SECTION 12-6-3600 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY THAT PRODUCES ETHANOL OR BIODIESEL UNDER CERTAIN TIME CONSTRAINTS; BY ADDING SECTION 12-6-3610 SO AS TO PROVIDE FOR A TAX CREDIT FOR A FACILITY PROCESSING AND DISPENSING RENEWABLE FUEL THROUGH 2011; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REDEFINE "MOTOR FUEL" AND TO DEFINE "BIODIESEL" AND "RENEWABLE FUEL"; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO BLENDING MATERIALS, SO AS TO PROVIDE FOR RENEWABLE FUELS; BY ADDING SECTION 12-6-3587 AND SECTION 12-6-3620 SO AS TO PROVIDE FOR A TAX CREDIT FOR A TAXPAYER WHO, RESPECTIVELY, INSTALLS A SOLAR ENERGY HEATING OR COOLING SYSTEM OR USES METHANE GAS TAKEN FROM A LANDFILL; TO AMEND SECTION 12-37-224, RELATING TO A MOTOR HOME USED AS A RESIDENCE FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT A COUNTY ORDINANCE MAY PROVIDE FOR SIMILAR TREATMENT OF A BOAT USED AS A RESIDENCE; TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES, SO AS TO PROVIDE FOR AN EXTENSION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM TAXES, SO AS TO PROVIDE THAT AN EXEMPT PASSENGER VEHICLE OWNED BY A MILITARY PERSON MUST BE REGISTERED IN THIS STATE TO QUALIFY FOR THE EXEMPTION; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE AND PASSIVE BUSINESSES INCOME, SO AS TO PROVIDE FOR THE APPLICATION OF THE TAX CREDIT; TO AMEND SECTION 12-6-3515, RELATING TO THE TAX CREDIT FOR A CONSERVATION CONTRIBUTION, SO AS TO PROVIDE THAT IT IS NOT ALLOWED IF THE UNDERLYING PROPERTY IS USED FOR THE PLAYING OF GOLF; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO PROVIDE FOR THE COSTS TO INCLUDE THE ACTUAL COST OF THE TAX DEED PREPARATION; TO AMEND SECTION 12-37-712, RELATING TO ACCESS TO THE RECORDS OF A MARINA, SO AS TO DEFINE AND LIMIT BUSINESS RECORDS; TO AMEND SECTION 61-6-510 AND SECTION 61-6-2000, AS AMENDED, BOTH RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE, BOTH SO AS TO ALLOW A CRIMINAL BACKGROUND CHECK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOB TAX CREDIT, SO AS TO INCLUDE AS AN ELIGIBLE TAXPAYER AN EXTRAORDINARY RETAIL ESTABLISHMENT AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO THE TOURISM INFRASTRUCTURE ACT, SO AS TO INCLUDE AN EXTRAORDINARY RETAIL ESTABLISHMENT WITH ADJOINING AQUARIUM OR NATURAL HISTORY MUSEUM AS A "TOURISM OR RECREATIONAL FACILITY" AND TO DEFINE QUALIFYING INFRASTRUCTURE IN THAT CONNECTION; BY ADDING SECTION 12-21-6590, SO AS TO LIMIT THE DESIGNATION OF EXTRAORDINARY RETAIL ESTABLISHMENTS TO FOUR IN THIS STATE; BY ADDING SECTIONS 12-49-1190 THROUGH 12-49-1290 SO AS TO PROVIDE FOR THE TAX SALE OF A MOBILE OR MANUFACTURED HOME INCLUDING NOTICE TO ALL LIENHOLDERS AND THE FORM OF THE NOTICE; TO AMEND SECTION 12-49-1110, RELATING TO DEFINITIONS IN CONNECTION WITH REAL PROPERTY MORTGAGES IN CONNECTION WITH THE ENFORCED COLLECTION OF PROPERTY TAXES, SO AS TO ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO A TAX SALE, SO AS TO INCLUDE IN THE COSTS THE ACTUAL EXPENSE FOR THE TAX DEED PREPARATION; TO AMEND SECTION 12-51-150, RELATING TO THE REFUND AMOUNT IN A FAILED TAX SALE, SO AS TO INCLUDE IN THE REFUND AMOUNT THE ACTUAL INTEREST EARNED BY THE COUNTY; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO FURTHER DEFINE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-50, RELATING TO VIOLATIONS OF THE ABC ACT, SO AS TO PROVIDE FOR THE DETERMINATION OF A WILFUL ACT; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO FOOD SERVICE ESTABLISHMENTS AND PLACES OF LODGING, SO AS TO FURTHER DEFINE SUCH WHEN LICENSED PURSUANT TO THE ABC ACT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO FURTHER PROVIDE FOR THE APPROPRIATE CREDIT TIER IN CERTAIN COUNTIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE TAX CREDIT FOR A CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR THE ASSIGNMENT OF UNUSED CREDIT TO A TRANSFEREE OF THE TAXPAYER; TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A LOCAL REFERENDUM IN CONNECTION WITH THE ABC ACT, SO AS TO PROVIDE FOR THE CALLING OF THE REFERENDUM AS WELL AS THE PETITION OF A REFERENDUM; TO AMEND SECTION 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, BOTH SO AS TO PROVIDE THAT COUNTY-OWNED PROPERTY IN THE PARK IS CONSIDERED PRIVATELY OWNED FOR PURPOSES OF EXEMPTION FROM CERTAIN REGULATED UTILITY SERVICES; TO PROVIDE FOR IMPLEMENTATION AND POSTPONEMENT OF IMPLEMENTATION OF THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM; AND TO REPEAL A 2006 ACT BEARING RATIFICATION NO. 227 RELATING TO THE POSTPONEMENT OF SUCH AN IMPLEMENTATION IN GREENVILLE COUNTY.
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(R390, S. 1261 (Word version)) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: AN ACT TO AMEND SECTION 23-31-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "QUALIFIED NONRESIDENT" AND "PROOF OF OWNERSHIP OF REAL PROPERTY", AND TO REVISE THE DEFINITION OF THE TERM "PICTURE IDENTIFICATION"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NONRESIDENT UPON PROPER APPLICATION, TO PROVIDE THAT A QUALIFIED NONRESIDENT MAY SUBMIT PROOF OF OWNERSHIP OF REAL PROPERTY IN THIS STATE TO SATISFY THE PROOF OF RESIDENCE REQUIREMENT, TO PROVIDE THAT SLED MUST CONDUCT A BACKGROUND CHECK OF A QUALIFIED NONRESIDENT THROUGH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY IN THIS STATE, TO PROVIDE THAT A QUALIFIED NONRESIDENT MAY PROVIDE SLED WITH THE ADDRESS OF THE REAL PROPERTY HE OWNS IN THIS STATE TO SATISFY THE RESIDENCY REQUIREMENT, AND TO REVISE THE PROVISIONS THAT PROVIDE FOR THE REVOCATION AND RENEWAL OF A PERMIT; AND TO AMEND SECTION 23-31-520, RELATING TO CERTAIN MATTERS CONCERNING FIREARMS THAT ARE SUBJECT TO REGULATION, SO AS TO REVISE THE TYPES OF FIREARMS SUBJECT TO REGULATION, AND TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT CONFISCATE A FIREARM OR AMMUNITION UNLESS INCIDENT TO AN ARREST.
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(R391, S. 1264 (Word version)) -- Senator Leventis: AN ACT TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, AND ENDING JUNE 30, 2009, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 DURING THIS PERIOD, TO PROVIDE FOR ADDITIONAL MEMBERS OF THE CAREER CENTER BOARD DURING THIS PERIOD, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE UNDER THEIR DIRECTION.
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(R392, S. 1436 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R393, H. 3051 (Word version)) -- Reps. Sinclair, Harrison, Mahaffey and Umphlett: AN ACT TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF, TRAFFICKING IN, AND PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE; AND BY ADDING SECTION 39-15-1195 SO AS TO PROVIDE FOR SEIZURE AND FORFEITURE TO LAW ENFORCEMENT AGENCIES OF PROPERTY INVOLVED IN THE CRIMINAL VIOLATIONS ESTABLISHED FOR COUNTERFEIT MARKS AND PROVIDE THE PROCEDURES APPLICABLE FOR THIS SEIZURE AND FORFEITURE.
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(R394, H. 3062 (Word version)) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark, Bales, Clemmons, Chellis, Bailey and Young: AN ACT TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.
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(R395, H. 3085 (Word version)) -- Reps. Harrison, Kirsh, E.H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-515 TO CREATE THE OFFENSE OF IDENTITY FRAUD FOR THE PURPOSE OF OBTAINING EMPLOYMENT AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-13-510, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD CERTAIN IDENTIFYING DOCUMENTATION TO THE DEFINITION OF "IDENTIFYING INFORMATION".
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(R396, H. 3109 (Word version)) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL EXAMINATION PERFORMED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.
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(R397, H. 3166 (Word version)) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO PROVIDE THAT IF THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY SUBSTITUTES A CANDIDATE FOR A GENERAL OR SPECIAL ELECTION, IT MUST DO SO AS SOON AS REASONABLY POSSIBLE, TO REQUIRE THE NOMINATION OF A SUBSTITUTE CANDIDATE BY THE EXECUTIVE COMMITTEE NOT MORE THAN THIRTY DAYS FROM THE DATE THE CANDIDACY BECOMES VACANT, AND TO PROVIDE THAT IF A PARTY FAILS TO NOMINATE A SUBSTITUTE CANDIDATE WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NOMINATING A CANDIDATE FOR THAT OFFICE.
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(R398, H. 3285 (Word version)) -- Reps. Wilkins, Clemmons, Harrison and Loftis: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND ORDERS OF THE STATE HUMAN AFFAIRS COMMISSION, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 1-23-380, 1-23-390, AND 1-23-600, AS AMENDED, AND SECTION 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTED CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO HEARINGS OF THE DIVISION OF THE MOTOR VEHICLES, 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 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION'S DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 9-21-70, RELATING TO APPEALS FROM A DECISION OF THE ADMINISTRATIVE LAW COURT, SO AS TO APPEAL TO THE COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 11-35-4410, AS AMENDED, RELATING TO APPEALS REGARDING PROCUREMENT BY THE PROCUREMENT REVIEW PANEL, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT DOES NOT APPLY TO THE PANEL UNDER CERTAIN CIRCUMSTANCES AND APPEAL FROM A PANEL DECISION IS ONLY TO THE CIRCUIT COURT; TO AMEND SECTIONS 12-60-3370, 12-60-3380, AND 12-60-3390, ALL AS AMENDED, RELATING TO TAXPAYER APPEALS, ALL SO AS TO PROVIDE THAT APPEALS ARE TO THE COURT OF APPEALS RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD FINAL DECISIONS OF AN AGENCY, OR A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE TO THE LIST OF CASES THE COURT OF APPEALS HAS JURISDICTION OVER; TO AMEND SECTION 31-21-130, RELATING TO APPEALS TO THE HUMAN AFFAIRS COMMISSION REGARDING THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 33-56-140, RELATING TO INVESTIGATIONS, HEARINGS, AND APPEALS REGARDING SOLICITATION OF CHARITABLE FUNDS, SO AS TO PROVIDE THAT ACTIONS BROUGHT BY THE SECRETARY OF STATE FOR CERTAIN CHARITABLE SOLICITATION VIOLATIONS ARE TO BE BROUGHT BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 39-37-100, AS AMENDED, RELATING TO APPEALS OF THE DEPARTMENT OF AGRICULTURE REGARDING LICENSES OF MANUFACTURERS OF CERTAIN FROZEN DESSERTS, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO THE PROCEDURE TO OBTAIN JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT A PARTY TO THE PROCEEDING MAY APPEAL A COMMISSION DECISION WITHIN THIRTY DAYS FROM THE DATE OF THE MAILING OF THE COMMISSION'S DECISION; TO AMEND SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, AS AMENDED, 48-20-190 AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND SECTION 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; 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; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, AS AMENDED, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, AND SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 44-1-50, RELATING TO APPEALS FROM THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR ADMINISTRATIVE REVIEW BY THE BOARD AND FOR FINAL AGENCY DETERMINATIONS; BY ADDING SECTION 44-1-60 SO AS TO PROVIDE PROCEDURES IN A CONTESTED CASE BEFORE THE BOARD; AND TO AMEND SECTIONS 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, ALL RELATING TO JUDICIAL REVIEW OF PERMIT DETERMINATIONS BY THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, ALL SO AS TO PROVIDE FOR APPEAL TO THE ADMINISTRATIVE LAW COURT AND THEN THE COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330 ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
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(R399, H. 3478 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE THAT A LICENSEE MAY NOT PAY OR OFFER TO PAY A REFERRAL FEE TO AN UNLICENSED INDIVIDUAL WHO IS NOT A PARTY TO THE TRANSACTION.
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(R400, H. 3573 (Word version)) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J.H. Neal, J.M. Neal, Rice, D.C. Smith, J.R. Smith, Townsend, Vaughn, Walker, Vick, Duncan and Altman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOL CLIMATE ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING; TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN COMPONENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP MODEL POLICIES; TO PROVIDE THAT THE POLICY MUST BE INCORPORATED INTO THE TRAINING PROGRAMS; AND TO DEFINE CERTAIN TERMS.
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(R401, H. 3640 (Word version)) -- Reps. White and Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER, TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED BELOW ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UPON REQUEST OF THE PURCHASER IF THE FOOD SERVICE PROVIDER PROVIDES ADVANCE WRITTEN NOTICE OF THE RISKS OF EATING SUCH GROUND BEEF, AND TO PROVIDE THAT A CONSUMER OR PURCHASER MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO ORDER BEEF COOKED BELOW ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT.
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(R402, H. 3700 (Word version)) -- Reps. Clemmons and Harrison: AN ACT TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED; AND TO AMEND SECTION 15-79-120, RELATING TO REQUIRED MEDIATION IN A MEDICAL MALPRACTICE ACTION, SO AS TO PROVIDE THAT IN ADDITION TO BINDING ARBITRATION, THE PARTIES ALSO MAY AGREE TO NONBINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION.
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(R403, H. 3711 (Word version)) -- Reps. Cobb-Hunter and Mitchell: AN ACT TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE DISCOUNT MEDICAL PLAN ORGANIZATION REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF DISCOUNT MEDICAL PLAN ORGANIZATIONS, MARKETERS, AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF DISCOUNT MEDICAL PLANS OR OTHER PURCHASING DEVICES OR MECHANISMS; DISCLOSURES REQUIRED UPON APPLICATION; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.
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(R404, H. 3726 (Word version)) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
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(R405, H. 3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
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(R406, H. 3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.
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(R407, H. 3831 (Word version)) -- Reps. Talley and Harrison: AN ACT TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IF A DESIGNATED POLLING PLACE IN A PRECINCT IS UNAVAILABLE FOR USE DURING AN ELECTION AS A RESULT OF AN EMERGENCY SITUATION, THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE ELECTION SHALL DESIGNATE AN ALTERNATIVE POLLING PLACE TO BE USED FOR THE ELECTORS IN THAT PRECINCT FOR ANY ELECTION OCCURRING DURING THE EMERGENCY SITUATION, TO PROVIDE THAT THE ALTERNATIVE POLLING PLACE IS NOT REQUIRED TO BE WITHIN THE PRECINCT OF THE ELECTOR'S RESIDENCE UNDER SPECIFIED CIRCUMSTANCES, AND TO PROVIDE THE CONDITIONS AND REQUIREMENTS WHICH MUST BE MET UNDER THIS SECTION.
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(R408, H. 3833 (Word version)) -- Rep. White: AN ACT TO AMEND SECTION 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS AND SCHEDULE OF LICENSING, REGISTRATION, AND CERTIFICATION AND FEES FOR USERS OF IONIZING AND NONIONIZING RADIATION SOURCES, SO AS TO PROVIDE THAT NONIONIZING RADIATION REGISTRATION IS FOR COMMERCIAL ESTABLISHMENTS FOR THE TANNING OF HUMAN SKIN AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN UP TO THIRTY THOUSAND DOLLARS FOR THE ADMINISTRATION OF THIS PROGRAM.
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(R409, H. 3899 (Word version)) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M.A. Pitts and W.D. Smith: AN ACT TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.
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(R410, H. 3921 (Word version)) -- Reps. Clemmons and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.
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(R411, H. 3949 (Word version)) -- Rep. Cooper: AN ACT TO AMEND SECTION 12-21-4190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO CARD CHARGES RETAINED BY THE DEPARTMENT OF REVENUE AND DISTRIBUTION OF THIS REVENUE, SO AS TO REDUCE THE AMOUNT RETAINED FROM SIXTEEN AND ONE-HALF CENTS TO TEN CENTS FOR EACH DOLLAR OF FACE VALUE FOR EACH CARD SOLD FOR AA, B, D, AND E LICENSES AND TO ESTABLISH A FOUR CENT CHARGE FOR EACH DOLLAR OF FACE VALUE FOR CARDS SOLD FOR C LICENSES; AND TO AMEND SECTION 12-21-4200, AS AMENDED, RELATING TO DISTRIBUTION OF REVENUE GENERATED FROM THE LICENSURE AND REGULATION OF BINGO, SO AS TO PROVIDE THAT THE REVENUE DEDICATED TO THE DIVISION ON AGING MUST NOT BE LESS THAN SIX HUNDRED THOUSAND DOLLARS ANNUALLY.
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(R412, H. 4301 (Word version)) -- Reps. G.M. Smith, Bailey, Harrison, Altman, Vaughn, G.R. Smith, Battle, Kirsh, M.A. Pitts, Coates, Moody-Lawrence, Toole, Vick, Littlejohn, Sandifer, Owens, Ceips, Funderburk, Weeks, Rice, Simrill, Chellis, Viers and Duncan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 11, TITLE 16 SO AS TO ENACT THE "PROTECTION OF PERSONS AND PROPERTY ACT", TO DEFINE THE TERMS "DWELLING", "GREAT BODILY INJURY", "RESIDENCE", AND "VEHICLE", TO AUTHORIZE THE LAWFUL USE OF DEADLY FORCE AGAINST AN INTRUDER OR ATTACKER IN A PERSON'S DWELLING, RESIDENCE, OR OCCUPIED VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT THERE IS NO DUTY TO RETREAT IF THE PERSON IS IN A PLACE WHERE HE HAS A RIGHT TO BE, INCLUDING THE PERSON'S PLACE OF BUSINESS, AND THE USE OF DEADLY FORCE IS NECESSARY TO PREVENT DEATH, GREAT BODILY INJURY, OR THE COMMISSION OF A VIOLENT CRIME, AND TO PROVIDE THAT A PERSON WHO LAWFULLY USES DEADLY FORCE IS IMMUNE FROM CRIMINAL PROSECUTION AND CIVIL ACTION AND MAY NOT BE ARRESTED UNLESS PROBABLE CAUSE EXISTS THAT THE DEADLY FORCE USED WAS UNLAWFUL; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN COCAINE BASE; AND BY ADDING SECTION 16-23-415 SO AS TO CREATE THE OFFENSE OF TAKING A FIREARM OR OTHER WEAPON FROM THE PERSON OF A LAW ENFORCEMENT OFFICER AND TO PROVIDE A PENALTY.
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(R413, H. 4391 (Word version)) -- Reps. Taylor, Bingham, Cato and Duncan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO AUTHORIZE AN INSURANCE COMPANY TO ADVERTISE A POLICY IN A FOREIGN LANGUAGE, BUT ONLY OFFER THE POLICY IN ENGLISH.
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(R414, H. 4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.
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(R415, H. 4419 (Word version)) -- Reps. Townsend, Cooper, White, Thompson, Agnew and Martin: AN ACT TO AMEND SECTION 12-21-4190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO CARD CHARGES, SO AS TO REVISE THE CHARGES FOR VARIOUS CLASSES OF BINGO CARDS BY THE DEPARTMENT OF REVENUE AND THE AMOUNT THE DEPARTMENT MAY RETAIN; AND TO AMEND SECTION 12-21-4200, AS AMENDED, RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO AS TO PROVIDE FOR A MINIMUM DISTRIBUTION TO SPECIFIED AGENCIES.
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(R416, H. 4426 (Word version)) -- Reps. Thompson and Martin: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR AS A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATIONAL, OR LITERARY ORGANIZATION LEASES PROPERTY OWNED BY IT TO SIMILARLY PROPERTY TAX EXEMPT ENTITIES, THE LEASED PORTION OF THE PROPERTY IS EXEMPT FROM PROPERTY TAX.
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(R417, H. 4449 (Word version)) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12, RELATING TO THE SALES TAX, SO AS TO IMPOSE AN ADDITIONAL ONE PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT THE SALES TAX ON UNPREPARED FOOD IS THREE PERCENT AND TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE REDUCED SALES TAX ON THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND, TO PROVIDE FOR THE OPERATION OF THE FUND, AND PROVIDE FOR THE TRANSFER INTO THE FUND OF THE ADDITIONAL ONE PERCENT SALES TAX REVENUES PROVIDED FOR ABOVE AND CERTAIN OTHER FUNDS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX IMPOSED FOR SCHOOL OPERATING PURPOSES, TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT, AND TO REQUIRE A TWO-THIRDS VOTE OF THE MEMBERSHIP OF EACH HOUSE TO DELETE OR REDUCE THIS EXEMPTION; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN STATE TAX REVENUES INCLUDING THOSE FOR THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF AND REIMBURSEMENTS TO SCHOOL DISTRICTS FROM THIS TRUST FUND; TO AMEND SECTION 12-37-270, RELATING TO REIMBURSEMENTS TO POLITICAL SUBDIVISIONS AS A RESULT OF THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE AND OVER, SO AS TO MAKE CONFORMING CHANGES TO THESE SECTIONS TO REFLECT THE REDIRECTION OF CERTAIN STATE REVENUES AS A RESULT OF THE ESTABLISHMENT OF THE HOMESTEAD EXEMPTION FUND IN SECTION 11-11-155 ABOVE; TO REPEAL SECTION 12-37-223A ALLOWING COUNTIES TO LIMIT PROPERTY TAX VALUATION INCREASES; TO SUSPEND THE IMPOSITION OF SALES, USE, AND CASUAL EXCISE TAXES TO OTHERWISE TAXABLE EVENTS OCCURRING ON NOVEMBER 24 AND 25, 2006, AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 11-11-156 SO AS TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES OF THE HOMESTEAD EXEMPTION FUND SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS AND FOR CERTAIN OTHER PURPOSES; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITATIONS ON MILLAGE INCREASES, SO AS TO REVISE THESE LIMITATIONS AND THE MANNER IN WHICH EXCEPTIONS MAY BE APPROVED, COMPUTED, AND IMPLEMENTED; TO PROVIDE FOR THE MANNER IN WHICH REFERENDUMS MAY BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION AS TO WHETHER OR NOT THE IMPOSITION OF A LOCAL OPTION SALES TAX IN A COUNTY SHOULD BE REPEALED; TO AMEND TITLE 12, BY ADDING ARTICLE 25 TO CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX VALUATION REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE-YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATIONS OF PROPERTY FOR THE PROPERTY TAX, SO AS TO FURTHER PROVIDE HOW FAIR MARKET VALUE OF REAL PROPERTY SHALL BE DETERMINED; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE STATE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION AND TO PROVIDE SUBMISSION AND COMPLIANCE CRITERIA FOR THESE REPORTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED AND TO MAKE A CONFORMING AMENDMENT; TO AMEND CHAPTER 10, TITLE 4 BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE MANNER IN WHICH LOCAL OPTION SALES AND USE TAXES MAY BE IMPOSED FOR LOCAL PROPERTY TAX CREDITS INCLUDING THE REQUIREMENT OF A REFERENDUM; TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY AT LEAST BY 2010 AND AT LEAST EVERY TEN YEARS THEREAFTER; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-45-75, AS AMENDED, RELATING TO THE PAYMENT OF PROPERTY TAXES IN INSTALLMENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A COUNTY MAY PROVIDE FOR THE PAYMENT OF PROPERTY TAXES IN INSTALLMENTS; AND TO AMEND SECTION 11-27-110, AS AMENDED, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO REVISE THE DEFINITION OF A "FINANCING AGREEMENT" AND "REFINANCING AGREEMENT" TO INCLUDE CERTAIN SCHOOL DISTRICT OR POLITICAL SUBDIVISION CONTRACTS; AND TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE PROVISIONS SHALL TAKE EFFECT.
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(R418, H. 4450 (Word version)) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E.H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W.D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
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(R419, H. 4456 (Word version)) -- Reps. Harrison and Haley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY AND THE RELEASE OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS TO INTENTIONALLY OR KNOWINGLY DIVULGE CERTAIN PRIVILEGE COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE BY A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY NOT DISCLOSE A PRIVILEGED COMMUNICATION, PROTECTED INFORMATION, OR A PROTECTED IDENTITY EXCEPT UNDER CERTAIN CONDITIONS; TO REPEAL SECTION 44-53-583 RELATING TO REIMBURSEMENT OF CERTAIN MONIES TO A CRIMESTOPPERS ORGANIZATION; TO AMEND SECTION 16-3-1525, AS AMENDED, RELATING TO A LAW ENFORCEMENT AGENCY'S, PROSECUTING AGENCY'S, AND THE COURT'S DUTY TO ATTEMPT TO PROVIDE A CRIME VICTIM AND CERTAIN OTHER AGENCIES INFORMATION ABOUT AN ARRESTED PERSON, SO AS TO REVISE THE METHODS OF PROVIDING THIS INFORMATION TO CERTAIN CRIME VICTIMS, AND TO DEFINE THE TERM "PATTERN"; AND TO AMEND SECTION 16-3-1230, RELATING TO A CLAIM FOR AN AWARD FROM THE VICTIM'S COMPENSATION FUND FILED ON BEHALF OF A PERSON WHO IS A MINOR OR INCOMPETENT, SO AS TO REVISE THE INSTANCES UPON WHICH A CLAIM MAY BE FILED, AND TO REVISE THE CIRCUMSTANCES WHEN THE DEADLINE FOR FILING A CLAIM MAY BE EXTENDED.
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(R420, H. 4471 (Word version)) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M.A. Pitts, Rice, Sinclair, J.E. Smith, Viers and White: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-155 SO AS TO PROVIDE FOR AN ACTION ON A COMMERCIAL LEASE IN WHICH THE LANDLORD SUES FOR POSSESSION AND THE TENANT RAISES DEFENSES OR COUNTERCLAIMS INCLUDING A PROVISION FOR PAYMENT OF RENT PENDENTE LITE, FACILITATION OF THE HEARING OF THE CASE IF A JURY TRIAL IS REQUESTED, FOR ISSUANCE OF A WARRANT OF EJECTMENT, AND FOR PAYMENT OF THE RENTAL JUDGMENT DIRECTLY OR THROUGH THE MAGISTRATE'S OFFICE, WITH A THREE PERCENT ADMINISTRATION FEE.
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(R421, H. 4662 (Word version)) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE, REALLOCATE, AND RENAME CERTAIN BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
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(R422, H. 4671 (Word version)) -- Reps. G.M. Smith, Delleney and Harrison: AN ACT TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT, TO PROVIDE THAT CERTAIN LAW ENFORCEMENT AGENCIES THAT EMPLOY AN OFFICER THAT REQUESTS A BREATH TEST OR ACTED AS A BREATH TEST OPERATOR IS A PARTY TO CERTAIN HEARINGS BEFORE THE DIVISION, TO PROVIDE THAT REPRESENTATIVES OF THE DEPARTMENT OF MOTOR VEHICLES ARE NOT REQUIRED TO APPEAR AT CERTAIN HEARINGS, AND TO PROVIDE THAT TAPE RECORDINGS OF ALL HEARINGS AND ALL EVIDENCE INTRODUCED AT THE HEARINGS WILL BE MADE PART OF THE RECORD ON APPEAL AND COPIES OF THESE ITEMS WILL BE PROVIDED TO THE PARTIES TO THOSE APPEALS AT NO CHARGE; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF AN HABITUAL OFFENDER, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST REVOKE OR SUSPEND THE DRIVER'S LICENSE OF A PERSON IT DETERMINES TO BE AN HABITUAL OFFENDER AND THIS DECISION MAY BE APPEALED TO THE DIVISION OF MOTOR VEHICLES HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO AN HABITUAL OFFENDER, SO AS TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVISE THE PERIOD IN WHICH A PETITION MAY BE FILED; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-1-286, RELATING TO SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER TWENTY-ONE YEARS OF AGE FOR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT AN ADMINISTRATIVE HEARING SCHEDULED PURSUANT TO THIS PROVISION MUST BE HEARD BY THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; TO REPEAL SECTIONS 56-1-410, 56-5-2952, AND 56-9-320, RELATING TO JUDICIAL REVIEW OF THE DENIAL, CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, THE FILING FEE FOR AN ADMINISTRATIVE HEARING, AND JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 56-5-4160, RELATING TO THE WEIGHING OF VEHICLES AND THEIR LOADS, THE UNLOADING OF EXCESS WEIGHT FROM A VEHICLE, AND PENALTIES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, SO AS TO REVISE THE FINES ASSOCIATED WITH THE OPERATION OF A VEHICLE WHICH IS CARRYING EXCESS WEIGHT, TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO MOTOR VEHICLES OPERATING OPEN TOP TRAILERS USED FOR HAULING RECYCLABLES, SCRAP, AND WASTE MATERIALS FROM SITES WITHOUT FACILITIES FOR WEIGHING, LIMIT THE NUMBER OF CITATIONS AND FINES A MOTOR VEHICLE OPERATOR MAY BE ISSUED FOR VIOLATING BOTH GROSS AND AXLE LIMITS, TO PROVIDE THAT A FINE MAY BE ISSUED FOR A VIOLATION OF THE VEHICLE REGISTRATION STATUTES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FINES FOR OPERATING A VEHICLE WITH OUT-OF-SERVICE VIOLATIONS, TO REVISE THE NAME OF THE CITATION THAT MAY BE ISSUED PURSUANT TO THIS SECTION, TO INCREASE THE AMOUNT OF TIME A PERSON MAY PAY A FINE BEFORE ASSESSMENTS MAY BE ADDED TO THE FINE, TO DELETE THE PROVISION THAT REQUIRES A FINE TO BE RETURNED PROMPTLY WHEN THERE IS NO CONVICTION FOR A VIOLATION, TO PROVIDE THAT FINES COLLECTED PURSUANT TO THIS SECTION MAY BE USED TO HIRE STATE TRANSPORT POLICE OFFICERS, PURCHASE EQUIPMENT FOR THE OFFICERS, AND FUND COMMERCIAL MOTOR VEHICLE SAFETY PROGRAMS, TO PROVIDE THAT THE LICENSE AND REGISTRATION OF A VEHICLE FOUND TO VIOLATE SECTION 58-23-1120 AND CERTAIN REGULATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION UNDER CERTAIN CIRCUMSTANCES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT ISSUANCE OF A UNIFORM CITATION FOR A VIOLATION OF SECTION 58-23-1120 AND CERTAIN REGULATIONS CONSTITUTES NOTICE TO CERTAIN PERSONS OF A VIOLATION, TO PROVIDE A FINE FOR FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, AND TO PROVIDE A PENALTY FOR CERTAIN PERSONS WHO FAIL TO PERMIT STATE TRANSPORT POLICE OFFICIALS FROM EXAMINING THEIR PROPERTY.
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(R423, 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.
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(R424, H. 4678 (Word version)) -- Reps. G.M. Smith, Weeks and Coates: AN ACT TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PARENT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY, A FIRE STATION, AN EMERGENCY MEDICAL SERVICES STATION, OR A STAFFED HOUSE OF WORSHIP; TO INCLUDE THESE LOCATIONS, AS WELL AS HOSPITALS, IN THE DEFINITION OF "SAFE HAVEN", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT IN THE PHYSICAL CUSTODY OF A STAFF MEMBER OR EMPLOYEE OF A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, FIRE STATION, EMERGENCY MEDICAL SERVICES STATION, OR A HOUSE OF WORSHIP MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT SUCH A LOCATION.
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(R425, H. 4687 (Word version)) -- Reps. Cotty and Harrison: AN ACT TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE DEPARTMENT PROVIDES; AND TO SPECIFY THAT JUVENILES WHO REQUIRE ENHANCED SUPERVISION, MONITORING, AND CONTACTS OR A HIGHER LEVEL OF TREATMENT MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.
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(R426, H. 4692 (Word version)) -- Reps. Davenport and McLeod: AN ACT TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND, AND TO PROVIDE AN EXCEPTION FOR FINES LEVIED FOR CONTROL OF INDUSTRIAL PLANTS OR AREAS REGULATED BY THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY ACT; AND TO AMEND SECTION 44-7-3440, RELATING TO THE REQUIREMENT THAT HOSPITAL PERSONNEL AND TRAINEES WEAR IDENTIFICATION BADGES, SO AS TO FURTHER SPECIFY THAT FIRST OR LAST NAMES AND INITIALS MAY BE USED ON SUCH BADGES.
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(R427, H. 4707 (Word version)) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.
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(R428, H. 4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT'S RECOMMENDATIONS.
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(R429, H. 4737 (Word version)) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E.H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.
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(R430, H. 4758 (Word version)) -- Rep. G. Brown: AN ACT 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 PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
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(R431, H. 4773 (Word version)) -- Reps. Sinclair, Rivers, Harrison, G.M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W.D. Smith, Talley and White: AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY EXECUTED ON OR AFTER JANUARY 1, 2007, TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC; AND TO AMEND SECTION 62-7-405, AS AMENDED, RELATING TO THE PURPOSES FOR CREATION OF A CHARITABLE TRUST, SO AS TO DELETE THE REQUIREMENT THAT A CHARITABLE TRUST INSTRUMENT OR REPORT BE FILED WITH THE ATTORNEY GENERAL.
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(R432, H. 4810 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
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(R433, H. 4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
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(R434, H. 4831 (Word version)) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: AN ACT TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS; AND TO ADD SECTION 22-3-546 SO AS TO AUTHORIZE A CIRCUIT SOLICITOR, IN A CIRCUIT WITH FIVE OR MORE COUNTIES, TO ESTABLISH AND DIRECT A PROGRAM TO PROSECUTE FIRST OFFENSE MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO REQUIRE THE SOLICITOR TO REPORT THE RESULTS OF THE PROGRAM TO THE PROSECUTION COORDINATION COMMISSION.
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(R435, H. 4847 (Word version)) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO PROVIDE THAT A PERSON OR FIRM WHO RESELLS TICKETS TO AN EVENT FOR MORE THAN ONE DOLLAR ABOVE THE ORIGINAL PRICE VIOLATES THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT AND TO DEFINE THE TERM "ORIGINAL TICKET SELLER"; TO AMEND SECTION 16-17-710, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE RESALE OF TICKETS TO AN EVENT UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERMS "OPEN MARKET EVENT TICKET" AND "PERMITTED PHYSICAL LOCATION", AND TO PROVIDE A PENALTY.
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(R436, H. 4856 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R437, H. 4874 (Word version)) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.
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(R438, H. 5001 (Word version)) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young, Chellis, R. Brown and Hagood: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
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(R439, H. 5139 (Word version)) -- Reps. Emory and J.M. Neal: AN ACT TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD BELAIRE NUMBER 2 AND PLEASANT VALLEY NUMBER 2 TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.
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(R440, H. 5218 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MARITIME SECURITY COMMISSION AND NAVAL MILITIA, RELATING TO MARITIME SECURITY COMMISSION AND NAVAL MILITIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R441, S. 680 (Word version)) -- Senators Sheheen and Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT MOTOR FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVICE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES THIRTY GALLONS AND TO REQUIRE THE DISPENSING DEVICE TO BE EQUIPPED WITH EMERGENCY CONTROLS AND THE SERVICE STATION WITH FIRE EXTINGUISHERS.
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(R442, S. 807 (Word version)) -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 11, TITLE 40 SO AS TO DEFINE THE TERMS "ACTION", "CLAIMANT", "CONSTRUCTION DEFECT", "CONTRACTOR", "DESIGN PROFESSIONAL", "NONRESIDENTIAL PROPERTY", "SERVE" OR "SERVICE", "SUBCONTRACTOR", AND "SUPPLIER" AND TO PROVIDE PROCEDURES FOR THE RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
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(R443, S. 1044 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR, AS AUTHORIZED BY COUNTY COUNCIL, MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.
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(R444, S. 1058 (Word version)) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: AN ACT TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION TO AND BY THE DEPARTMENT REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THIS SECTION DOES NOT APPLY TO INFORMATION CONSIDERED CONFIDENTIAL BY CERTAIN OTHER PROVISIONS OF LAW.
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(R445, S. 1059 (Word version)) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-1-190 SO AS TO ENACT THE "SOUTH CAROLINA UNANTICIPATED MEDICAL OUTCOME RECONCILIATION ACT" WHICH CONTAINS CERTAIN FINDINGS OF THE GENERAL ASSEMBLY, DEFINITIONS OF CERTAIN TERMS, PROVIDES THAT IN A CLAIM BROUGHT BY OR ON BEHALF OF A PATIENT ALLEGEDLY EXPERIENCING AN UNANTICIPATED OUTCOME OF MEDICAL CARE, CERTAIN STATEMENTS, GESTURES, ACTIVITIES OR CONDUCT EXPRESSING BENEVOLENCE, REGRET, APOLOGY, CONDOLENCE, MISTAKE, OR ERROR MADE BY A HEALTH CARE PROVIDER OR HIS EMPLOYEE TO CERTAIN PERSONS ARE INADMISSIBLE AS EVIDENCE AND DO NOT CONSTITUTE AN ADMISSION OF LIABILITY OR AN ADMISSION AGAINST INTEREST, TO PROVIDE THAT A DEFENDANT IN A MEDICAL MALPRACTICE ACTION MAY WAVE THE INADMISSIBILITY OF CERTAIN STATEMENTS, AND TO PROVIDE THAT NOTHING IN THIS SECTION AFFECTS THE SOUTH CAROLINA RULES OF EVIDENCE.
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(R446, S. 1162 (Word version)) -- Senators Grooms, Reese and Verdin: AN ACT TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY INSTALLATION AND MAINTENANCE REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT FEES FOR EQUIPMENT LICENSES AND PERMITS MAY BE SET BY THE DIVISION OF STATE FIRE MARSHAL IN REGULATION AND MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS; TO ADD SECTION 23-9-35 SO AS TO AUTHORIZE THE DIVISION OF STATE FIRE MARSHAL TO CONSTRUCT HANDICAPPED RAMPS WITHOUT INCURRING FEES OR SECURING A PERMIT FOR CONSTRUCTING SUCH RAMPS; AND TO ADD SECTION 6-9-14 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM CHARGING A PERMIT FEE OR REQUIRE A PERMIT FOR A WHEELCHAIR RAMP BUILT WITH MEDICARE OR MEDICAID FUNDS IF THE CONSTRUCTION IS PERFORMED, OVERSEEN, OR INSPECTED BY AN AMERICANS WITH DISABILITIES ACT INSPECTOR.
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(R447, S. 1267 (Word version)) -- Senators Hawkins, Knotts and Bryant: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006", TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, AS AMENDED, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES AND TO PROVIDE FOR THE IMPOSITION OF THE DEATH PENALTY FOR REPEAT OFFENDERS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION BI-ANNUALLY RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING THESE PERSONS; TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS; BY ADDING SECTION 17-23-175 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING AN OUT-OF-COURT STATEMENT MADE TO A THIRD PARTY BY A CHILD VICTIM OR CHILD WITNESS TO BE ADMISSIBLE IN A GENERAL SESSIONS OR FAMILY COURT; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO CRIMES SPECIFIED AS "MOST SERIOUS" AND "SERIOUS" WARRANTING LIFE IMPRISONMENT, SO AS TO PROVIDE THAT THE SENTENCE FOR THE PRIOR CONVICTION DOES NOT HAVE BE SERVED OR COMPLETED BEFORE A PERSON MAY BE SENTENCED PURSUANT TO THIS SECTION TO LIFE WITHOUT PAROLE.
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(R448, S. 1302 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE PARENT OF A STUDENT RESIDING IN THE GARDEN GATE SUBDIVISION IN SUMTER COUNTY MAY CHOOSE TO ATTEND ANY SCHOOL FOR WHICH THE SUBDIVISION IS ZONED WITHOUT PENALTY OF TUITION.
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(R449, S. 1427 (Word version)) -- Senator Matthews: AN ACT TO AMEND SECTION 4-11-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY THE SECRETARY OF STATE, SO AS TO REVISE THE CONDITIONS AND REQUIREMENTS UNDER WHICH A DISTRICT MAY BE DISSOLVED, AND TO ALLOW A DISTRICT TO BE DISSOLVED IF THE DISTRICT HAS OUTSTANDING INDEBTEDNESS PAYABLE FROM REVENUES DERIVED FROM THE PROVISION OF ONE OR MORE GOVERNMENTAL SERVICES AND TO PROVIDE FOR THE METHOD BY WHICH A DISTRICT WITH OUTSTANDING INDEBTEDNESS MAY BE DISSOLVED.
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(R450, S. 1435 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Abbeville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Carolyn W. Brownlee, 417 Hanover Road, Abbeville, S.C. 29620

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joseph N. Kline, 42 Kline Circle, Seabrook, S.C. 29940

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Rita Ann Simmons, P. O. Box 22083, Hilton Head, S.C. 29925

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Jeffery A. Constant, 131 Creek Road East, Greenwood, S.C. 29646

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Debra C. Dawkins, 304 Dixon Rd., Lancaster, S.C. 29720

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Jacqueline M. Pope, P. O. Box 66, Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Van K. Richardson, P. O. Box 65, Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lee R. Deese, 3301 Lee Deese Road, Kershaw, S.C. 29067

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Charles William Jones, 1502 Shadicrest Terrace, Spartanburg, S.C. 29301 VICE Johnny L. Cash

On motion of Senator LEATHERMAN, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for today and tomorrow.

The following were introduced:

S. 1473 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE AND HONOR LOUIS JULIAN HATCHER FOR HIS COURAGEOUS CONTRIBUTIONS TO HIS COUNTRY WHILE SERVING AS A PETTY OFFICER IN THE UNITED STATES NAVY DURING THE ATTACK ON PEARL HARBOR AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.

S. 1474 (Word version) -- Senator Williams: A SENATE RESOLUTION RECOGNIZING AND HONORING MRS. FLORENCE G. FOXWORTH OF MARION, SOUTH CAROLINA, UPON THE OCCASION OF HER RETIREMENT FROM HER MORE THAN FIFTY-FIVE YEARS OF TEACHING IN THE PUBLIC SCHOOL SYSTEM, AND EXTEND TO HER EVERY BEST WISH FOR A HAPPY AND ENJOYABLE FUTURE.
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The Senate Resolution was adopted.

S. 1475 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION THANKING THE CENTRAL POLICE DEPARTMENT, CHIEF JOE GIBBS, WITH ASSISTANCE FROM THE PICKENS COUNTY SHERIFFS DEPARTMENT, SHERIFF C. DAVID STONE, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, THE 13TH JUDICIAL CIRCUIT SOLICITOR'S OFFICE, THE JEFFERSON COUNTY, TENNESSEE POLICE DEPARTMENT, AND THE NUMEROUS OTHER LAW ENFORCEMENT AGENCIES FOR THEIR DEDICATION AND CONTINUED, LABORIOUS EFFORTS IN TRACKING AND APPREHENDING A SUSPECT IN THE MURDER OF CLEMSON UNIVERSITY STUDENT TIFFANY MARIE SOUERS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1476 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE ABBEVILLE AREA MEDICAL CENTER UPON THE OPENING OF THE NEW HOSPITAL ON AUGUST 1, 2006, AND TO COMMEND ABBEVILLE COUNTY FOR RECOGNIZING AND SERVING THE COMMUNITY'S HEALTH CARE NEEDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1477 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DEACON WILLIAM CARTER, JR. OF CHARLESTON COUNTY, PRESIDENT OF THE NATIONAL BAPTIST DEACON'S CONVENTION OF AMERICA, INC., FOR HIS MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THIS NATION, AS HE PRESIDES OVER THE 72ND SESSION OF THE NATIONAL BAPTIST DEACON'S CONVENTION WHICH WILL BE HELD IN THE CITY OF CHARLESTON JULY 16-21, 2006.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1478 (Word version) -- Senators Knotts and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND WALTER BOATWRIGHT, AN EXCEPTIONAL PUBLIC SERVANT, FOR HIS OUTSTANDING SERVICE TO THE SOUTH CONGAREE TOWN COUNCIL AND TO THE CITIZENS OF OUR STATE, AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1479 (Word version) -- Senators Knotts and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MR. W. T. GLOVER, AN EXCEPTIONAL PUBLIC SERVANT, FOR HIS OUTSTANDING SERVICE TO THE SOUTH CONGAREE TOWN COUNCIL AND TO THE CITIZENS OF OUR STATE, AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1480 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. TED ASHTON PHILLIPS OF CHARLESTON, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1481 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, 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, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE "MISS" CARRIE BLONDELLE HARMON OF LEXINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.

H. 5292 (Word version) -- Reps. G. M. Smith, Weeks, Coates and G. Brown: A CONCURRENT RESOLUTION TO HONOR NANCY BISHOP, DIRECTOR OF LEARNING RESOURCES AT CENTRAL CAROLINA TECHNICAL COLLEGE, FOR HER ACHIEVEMENTS IN BRINGING TECHNOLOGY TO THE CAMPUS AND TO CONGRATULATE HER FOR BEING HONORED AS THE A. WADE MARTIN INNOVATOR OF THE YEAR BY THE SOUTH CAROLINA TECHNICAL EDUCATION ASSOCIATION.

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

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. 1175, R-304.

(R304, S1175 (Word version)) -- Senator Leatherman: AN ACT 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", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; 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; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.

S. 1175 would make several changes to the economic soil conditions of South Carolina that would help our state's economy grow at no cost to the taxpayer. This underlying legislation makes policy changes that are good for South Carolina and would have my support had it not contained one particular section that creates an unfair business environment in our State. I clearly lay out my reasons for being against this part of the Bill in my veto message of H. 4951 - a "stand alone" Bill creating this problem. But to be clear, I want to lay out the same message in this letter as well.

Language in S. 1175 would allow a county that is at least one thousand square miles in size and has had an unemployment rate greater than the state average and an average per capita income lower than the state average for the past ten years to receive a job tax credit two tiers higher than that level currently imposed. This language carves out Orangeburg County as the only county that would fit into this category. In other words, instead of receiving the $3,500 credit per job that an "under developed county" qualifies for under current law, this Bill would grant Orangeburg County the tax credit of $8,000 per job that a "distressed county" would receive without meeting the necessary criteria. This would create a special exemption currently not available to other counties. Calhoun and Colleton are just two examples of counties that would be hurt if this legislation were to pass and would have a clear disadvantage in attracting new businesses by not having the same recruiting tools as in Orangeburg County.

To be clear, improving the economic soil conditions of our State so that we may better compete in the ever-changing global marketplace is always a priority of this administration. Whether it is last year's small business income tax cut or passing significant tort reform, I believe these changes and others move us one step closer in being truly competitive in creating jobs, attracting capital investment, growing and expanding small businesses, raising income levels and - most importantly - bettering the standard of living for all of our citizens. However, language in S. 1175 does not fit into this category.

This legislation clearly breaks from the traditional model we have used for economic development - which is implementing policy changes that will benefit all South Carolina citizens while allowing the entire State, not just one county's, economy to grow.

In 2003, I laid out guidelines in my transmittal letter of S. 516 that creating legislation to carve out special tax credits for one company is bad policy. This legislation allowed Georgetown Steel to count each employee of a bankrupt company that it was purchasing as qualifying criteria for job tax credits - making Georgetown Steel the only company to meet this condition. I clearly noted in this message the creation of special exemptions for one company is not good for our State and we should instead look at economic incentives that promote statewide economic success. Along the same lines, S. 1175 gives Orangeburg County a special exemption to qualify for a higher credit than a county of equal economic status - meaning it is being treated differently than the other "under developed counties". As a result, we will be setting a chilling precedent that we at the state level favor one particular county over another when it comes to economic growth.

This administration will continue to support legislation that will effectively, fairly, and uniformly promote economic prosperity for the entire business community of our State. We look forward to working with you and other members of the General Assembly on this front. However, I do not believe we should start down the path of piecemeal legislation that currently benefits only one county.

For these reasons, I am returning S. 1175 to you without my signature.
Sincerely,
/s/ Mark Sanford

(R304, S1175 (Word version)) -- Senator Leatherman: AN ACT 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", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; 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; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R304, S. 1175 by a vote of 92 to 8:

(R304, S1175 (Word version)) -- Senator Leatherman: AN ACT 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", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; 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; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 30, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.318, H. 4951 by a vote of 83 to 16:

(R318, H4951 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Very respectfully,
Speaker of the House

Received as information.

(R318, H4951 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.

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.

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. 103, R-350.

(R350, S103 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA PANEL FOR DIETETICS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.

S. 103 would establish a state process for licensing dieticians and make it unlawful for a person to call themselves a dietician unless licensed. Licensure is predicated on either a bachelor's or a master's degree in a nutrition-related field and successfully completing a qualifying exam. The Bill would also make it illegal for a person not licensed as a dietician to hold himself or herself out as a dietician, licensed dietician, or use the letters "LD" behind their name.

There are many fine dieticians in South Carolina who do a great job of providing important information and counseling for people in our State and they are to be commended. This administration shares their interest in helping people in South Carolina live healthier lives, as evidenced by our Family Fitness challenge and our Healthy South Carolina initiative.

Our administration uses a two-part test in considering issues like this licensing Bill. First, we believe there must be a compelling need for the government, rather than the private sector, to actually regulate the profession. That means that only through government intervention can consumers be protected. In many other areas, like college or high school accreditation, private organizations adequately separate the qualified from the unqualified.

Secondly, if there is indeed a compelling need for government to formally license members of a profession, we believe the standard used to determine who is qualified must be focused on outcome rather than process. Different people learn best in different ways: some learn best through schooling, others by apprenticeship or self-education. We believe licensing should focus on competency - not on how the applicant gained that competence.

A good example of this approach is with the securities profession. The government has determined that because incompetence on the part of securities brokers could cause clients to lose all wealth held in securities or liquid assets, there ought to be a bar set for qualification. That bar involves passing a Series 7 or Series 63 exam to show qualification; it does not mandate any particular educational track.

Unfortunately, S. 103 is much more prescriptive, and I am, therefore, returning S. 103 to you without my signature.
Sincerely,
/s/ Mark Sanford
cc: The Honorable R. Wesley Hayes, Jr.

(R350, S103 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA PANEL FOR DIETETICS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.

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

Senator COURSON 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
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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.350, S. 103 by a vote of 86 to 8:

(R350, S103 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA PANEL FOR DIETETICS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
Very respectfully,
Speaker of the House

Received as information.

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

Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 766, R-355.

(R355, S766 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.

In addition to existing law, which prohibits individuals or corporations from transporting persons or property without a state license, S. 766 would prohibit individuals or corporations unlicensed as motor carriers from advertising said services. I believe that adding regulatory layers degrades the soil conditions for business in South Carolina.

While this particular regulation is not excessive in its weight, as it is already against the law for unlicensed individuals to perform these services for hire - I believe additional regulation runs counter to the direction this administration has tried to move with regard to the regulatory load on business.

I think this is particularly true when consumers and market forces have the ability to demand a certain threshold for service, like the possession of surety bonds or membership in a guild or association. Accordingly, government should be a venue of last resort for providing assurances in transactions like these.

I would ask that, going forward, lawmakers be very circumspect about making new demands of the businesses that support our economy - recognizing that, as we seek to grow our economy, these types of regulations are often easy to overcome for existing businesses but potentially insurmountable for start-up companies. Perhaps an individual seeking to begin a carrier service would like to gauge consumer interest by advertising their potential entry into the market before taking the steps to acquire certification. I see no reason why that would be inappropriate in an honest, straight-forward context, but under this law, that type of advertising could be construed as illegal.

There are a number of areas, like college or high school accreditation, that have created a proven framework to separate the qualified from the unqualified. I think that a similar framework could work for motor carriers, and I have not found a compelling need for the government to take on this role.

Ultimately, I believe that in assessing the need for government standards for professional licensure, lawmakers should be mindful of the possible level of harm associated with an activity and the availability of remedies outside the realm of government. In this case, I fail to see where the potential level of harm warrants further government intervention, as the relationship between businesses and consumers provides an adequate context for resolution - in addition to the remedies available through our court system.

Therefore, I am returning S. 766 to you without my signature.
Sincerely,
/s/ Mark Sanford

At 12:16 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

(R355, S766 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.

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

Senator VERDIN 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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.355, S. 766 by a vote of 77 to 23:

(R355, S766 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 58-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT A MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING THE MOTOR CARRIER OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS RELATING TO REGULATION OF MOTOR CARRIERS, SO AS TO EXTEND THESE PENALTIES FOR VIOLATIONS WITH RESPECT TO THE OFFICE OF REGULATORY STAFF, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A PASSENGER CARRIER TO VIOLATE OR AID OR ABET A VIOLATION OF MOTOR CARRIER REGULATIONS, TO MAKE IT UNLAWFUL FOR CORPORATE OFFICERS, AGENTS, EMPLOYEES, OR OTHER PERSONS ADVERTISING AS A CARRIER OF HOUSEHOLD GOODS OR HAZARDOUS WASTE FOR DISPOSAL TO VIOLATE OR AID OR ABET A VIOLATION OF THE CERTIFICATION AND REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS, TO IMPOSE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE NEW OFFENSES MUST NOT BE CHARGED MORE THAN ONCE FOR A SINGLE LOAD.
Very respectfully,
Speaker of the House

Received as information.

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. 1302, R-448 relating to open enrollment in Sumter County. I am vetoing this legislation at the request of the local delegation.

(R448, S1302 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE PARENT OF A STUDENT RESIDING IN THE GARDEN GATE SUBDIVISION IN SUMTER COUNTY MAY CHOOSE TO ATTEND ANY SCHOOL FOR WHICH THE SUBDIVISION IS ZONED WITHOUT PENALTY OF TUITION.

Since coming to office, I have been clear in my belief that providing parents greater educational freedom is essential to improving the performance of our schools. While much attention has been drawn to my willingness to extend choices for parents to pursue private school options, my support of school choice extends to all schools - both private and public. Be it in the form of magnet school programs, the creation of charter schools, or simply allowing open enrollment across districts, educational freedom has demonstrated its ability to improve student achievement and I believe more parents should be able to avail themselves of these options.

The same educational freedoms that we are willing to offer the parents and students of the Garden Gate subdivision are warranted throughout Sumter County and across this State. I had intended to support this legislation, despite the narrow focus, but the local delegation requested a veto of this Bill and I am honoring their request.

For this reason, I am returning S. 1302, R-448.
Sincerely,
/s/Mark Sanford

(R448, S1302 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE PARENT OF A STUDENT RESIDING IN THE GARDEN GATE SUBDIVISION IN SUMTER COUNTY MAY CHOOSE TO ATTEND ANY SCHOOL FOR WHICH THE SUBDIVISION IS ZONED WITHOUT PENALTY OF TUITION.

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

Senator LEVENTIS 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                     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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

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. 910, R-356.

(R356, S910 (Word version)) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

S. 910 mandates that licensed nurses wear a one-inch by three-inch identification badge bearing the nurse's name and title. Although this Bill is well intentioned, I am vetoing S. 910 because I believe government should resist the urge to place mandates on private business unless there are compelling reasons to do so.

Government mandates on the private sector have a cost, and I believe only in the event of a compelling societal need should we use the force of government to compel private action. Last year, I reluctantly allowed a Bill to go into law - which mandated ID tags for certain medical personnel in hospitals. I did so because the Bill's proponents made a compelling case for patients and their families to be able to immediately identify the various medical personnel who converge on the patient during health emergencies in public hospitals.

By contrast, this Bill requires all nurses statewide to wear an ID tag, even though many nurses operate in settings where an emergency situation is unlikely. Other nurses still work almost exclusively in private practices, and many people in these settings have longstanding relationships with their caregivers. In these places, the utility of a nametag is negligible, and government mandates are not appropriate.

I believe a wiser course is to leave this to the private sector. It could be the standard of the South Carolina Medical Association or the South Carolina Nurses' Association to pass professional rules or guidelines for their members. However well intentioned, I do not feel it is Columbia's rightful place to usurp that role.

I recognize that provisions were added on during the process to help ease South Carolina's entry into the multi-state Nursing Compact. I agree with those parts of the Bill, but unfortunately they are tied to the earlier described government mandate that compels my veto.

In the interest of keeping South Carolina in good standing with the Nursing Compact, I would be glad to write a letter concerning South Carolina's intent to move forward with similar provisions - minus the ID tag language - when the General Assembly convenes in January.

For these reasons, I am returning S. 910 without my signature.
Sincerely,
/s/ Mark Sanford
cc: The Honorable John M. Knotts, Jr.

(R356, S910 (Word version)) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R356, S. 910 by a vote of 31 to 60:

(R356, S910 (Word version)) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto by the Governor on R356, S. 910 was sustained and has sustained the veto by a vote of 59 to 44:

(R356, S910 (Word version)) -- Senators Knotts, Peeler and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE, TO PROVIDE FOR LICENSURE OF SUCH NURSES WHO WERE PREVIOUSLY AUTHORIZED TO PRACTICE NURSING, AND TO CLARIFY WHAT REQUIREMENTS MUST BE MET BY SUCH NURSES TO BE LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES FOR ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.
Very respectfully,
Speaker of the House

Received as information.

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

Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S.1245, R-389.

(R389, S1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAKE SEVERAL CHANGES TO TITLE 12 RELATED TO THE TAX CODE, TO AMEND TITLE 4 RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, TO AMEND TITLE 11 RELATING TO THE COMPTROLLER GENERAL, AND TO AMEND TITLE 61 RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE AND THE ALCOHOLIC BEVERAGE CONTROL ACT.
(ABBREVIATED TITLE)

S. 1245 is an annual Bill created for the Department of Revenue making many policy changes that will lead to a more efficient tax system. However, as this Bill made its way through the legislative process, many different proposals were added. Many of these amendments have exceptional merit and do good things for the citizens of South Carolina while others - with one in particular - move our State in the wrong direction.

Touching on the good, one proposal puts more money into the hands of the hard-working taxpayers of this State - very much in tune with numerous recommendations I have made since taking office. According to our Department of Revenue, this Bill would reduce the overall individual income tax burden by over $30 million.

In addition, this Bill would allow us to sustain and maintain the Disproportionate Share Hospital (DSH) Program we use to pay for hospital care for the uninsured. In 2004, we made a commitment to the federal government to bring our DSH program into compliance with a federal regulation that demanded equity in the payment requirements between public and private hospitals. By making this change, we take a giant step forward in drawing down federal Medicaid matching dollars that will help provide healthcare for the uninsured.

If enacted this Bill would have long term negative implications for economic development in this State because of what this provision includes and the way it came about.

It undermines the Secretary of Commerce. Since Carroll Campbell's time and the creation of the Department of Commerce, the Secretary has run point on behalf of the state in negotiating deals that use state incentives. In fact, the recent Duke study stressed the importance of maintaining that chief negotiator position if South Carolina is to stay competitive in economic development. In this instance, the Secretary was in discussion with this firm about a distribution facility and this Bill undermines his negotiating position. In fact, one could very reasonably make the case that passage of this Bill moves us toward 170 "secretaries of commerce" because if any firm can strike a better deal and larger incentives by working through a member of the House or Senate, who then sponsors supporting legislation, then why bother with the Secretary of Commerce?

Without determining appropriate rates of return to the State, as is consistently done with manufacturing investment in our State - and without a comprehensive debate by those in the economic development community or legislative body - this Bill moves us into incentivizing retail investment for the first time in our state's history. We have not in the past because retail investment follows disposable income. The greater the buying power of a region, the greater the number of retailers who will move into that region to capture a portion of that region's consumer spending. This Bill would break from the underlying philosophy that has driven our state's incentive structure for decades. Rather than incentives being used to make the difference in whether or not an investment came to South Carolina (that would both raise incomes and wealth), we would get into the business of incentivizing investments already destined to come our way. Additionally, because retailing often-times uses part-time and lower paying jobs, it's more difficult to quantify the level of economic impact than in the jobs we have incentivized to date.

It involves government picking one retailer over others. While the company in question is certainly a great retailer who we would indeed love to see come to South Carolina, it needs to be remembered that there are other new retailers in our State that are themselves destinations. People come from a long way to go to the Bass Pro Shop in Myrtle Beach. People will come from a long way to go to the new Tanger Outlet Center in North Charleston. It would be a mistake to disadvantage these vendors for the sake of another.

In addition, there are a lot of other family businesses that have been paying taxes in South Carolina for a long time that would now be called on to subsidize a loss in their sales. In the Charleston area alone, businesses like Dumas and Sons, Luden's, Carolina Rod and Gun, Haddrells Point Tackle and Supply, the Charleston Angler, Henry's Sporting Goods, Hanckel Marine, Toby's Bait and Tackle and many others would fall into this category.

In addition to job credits, this Bill rebates a portion of sales tax revenue back to the company. This is as well groundbreaking policy and in the long run I suspect would lead to a very large list of other retail supplicants ranging from car dealers to furniture stores arguing for similar sales tax rebates.

We believe it would weaken manufacturing which has already been hard hit in dealing with the global changes afoot in our nation's economy. If one accepts the premise that we have a finite number of dollars available for incentives, then the bidding war and eventual opening of the flood gates to incentivizing the thousands of retail establishments across our State will result in fewer dollars available for manufacturing, distribution or tourism investment incentives.

Finally, the creation of these special incentives opens the door for a long overdue discussion. Currently, our tax code has far too many incentives carved out for only one area of the State or for one business that might come to our State. This arrangement is getting us further away from being globally competitive by not looking at more ways to create a tax structure composed of incentives that will broadly help all of South Carolina. Too often we look at things in a vacuum instead of stepping back and looking at it from a holistic approach. The special incentives created in this Bill may be alright if they were shaped in this way. But these special "carve-outs" add one more item to the already cluttered piecemeal legislation in our tax code. So, bottom line, I believe it is time we stop singling counties or businesses out and take a look at this section of our code in a much broader perspective. Specifically, I am asking the Department of Commerce before the beginning of next session to look at and report the current tax incentives that no longer serve their purpose.

This administration will always support legislation that will effectively, fairly and uniformly promote economic prosperity. Although I do not support the creation of the special incentives contained in this Bill, I believe the positive policy changes that I outlined in the beginning outweigh the negative.

However, I believe that the DSH provision is extremely important and would ask that the General Assembly sustain this veto and immediately send to my desk a clean version of the DSH Bill. I would sign that legislation immediately.

For this reason, I am vetoing S. 1245, R-389.
Sincerely,
/s/Mark Sanford

(R389, S1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAKE SEVERAL CHANGES TO TITLE 12 RELATED TO THE TAX CODE, TO AMEND TITLE 4 RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, TO AMEND TITLE 11 RELATING TO THE COMPTROLLER GENERAL, AND TO AMEND TITLE 61 RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE AND THE ALCOHOLIC BEVERAGE CONTROL ACT.
(ABBREVIATED TITLE)

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

Senator O'DELL spoke on the veto.

Senator O'DELL 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                  Cleary
Fair                      Ford                      Grooms
Hayes                     Hutto                     Jackson
Knotts                    Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Peeler
Pinckney                  Reese                     Richardson
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

Bryant                    Campsen                   Courson
Gregory                   Hawkins                   Ryberg

Having been absent when the roll call vote was taken, Senators McGILL and RANKIN desired to be recorded as voting in favor the motion to override the veto of the Governor on S. 1245.

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R389, S. 1245 by a vote of 102 to 1:

(R389, S1245 (Word version)) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAKE SEVERAL CHANGES TO TITLE 12 RELATED TO THE TAX CODE, TO AMEND TITLE 4 RELATING TO THE FEE IN LIEU OF PROPERTY TAX IN CONNECTION WITH AN INDUSTRIAL PARK, TO AMEND TITLE 11 RELATING TO THE COMPTROLLER GENERAL, AND TO AMEND TITLE 61 RELATING TO THE ISSUANCE OF A TEMPORARY LIQUOR LICENSE AND THE ALCOHOLIC BEVERAGE CONTROL ACT.
(ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.346, H. 4965 by a vote of 105 to 0:

(R346, H4965 (Word version)) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.
Very respectfully,
Speaker of the House

Received as information.

(R346, H4965 (Word version)) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M.A. Pitts, Sandifer, Scarborough, F.N. Smith, Stewart, Talley, Walker, Witherspoon, Young, Mitchell, McLeod, Leach, Altman and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY, KNOWINGLY, OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO MAKE IT UNLAWFUL TO UNDERTAKE AN ACTIVITY AT A CEMETERY, OTHER THAN DECOROUS PARTICIPATION IN A SERVICE OR VISITATION AT A BURIAL SPACE, AND TO PROVIDE PENALTIES.

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

Senator SHEHEEN spoke on the veto.

Senator KNOTTS spoke on the veto.

Senator JACKSON spoke on the veto.

Senator LEVENTIS 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
Ford                      Gregory                   Grooms
Hawkins                   Hayes *                   Hutto
Jackson                   Knotts                    Land *
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Rankin *                  Reese
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Smith, J. Verne *         Thomas
Verdin                    Williams

*These Senators were not present in the Chamber at the time the vote was taken and the votes were 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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, Edge and Coleman to the Committee of Conference on the part of the House on:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Very respectfully,
Speaker of the House

Received as information.

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

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

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Conference to S. 1029 was adopted as follows:

The Committee of Conference, to whom was referred:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

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 striking all after the enacting words and inserting therein the following:

/   SECTION   1.   (A)(1)   A South Carolina Eminent Domain Study Committee is created to (a) review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State and evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements, (b) study the effects regulatory takings and governmental policy decisions have upon private property values and the ability of private property owners to retain their property, and (c) consider if the constitutional and statutory provisions concerning condemnation of blighted property and slum clearance and redevelopment need revision.

(2)   The study committee shall make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes. In preparing its report, the study committee must request, receive, and consider (a) testimony and written materials submitted by the entities that possess the power of eminent domain or by a public authority that exercises power affecting private property, and (b) information solicited from or provided by experts and interested persons in the fields of eminent domain and private property rights.

(B)   The study committee must be composed of nine members: the Chairman of the Senate Judiciary Committee shall appoint three members, who must be Senators; the Chairman of the House Judiciary Committee shall appoint three members, who must be members of the House of Representatives; and the Governor shall appoint three members.

(C)   The study committee shall render its report and recommendations to the Chairman of the Senate Judiciary Committee, the Chairman of the House Judiciary Committee, and the Governor no later than March 15, 2007, at which time the study committee must be dissolved.

(D)   Members of the study committee shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term in the manner of original appointment.

(E)   The study committee must be co-chaired by the senior member of the Senate and the senior member of the House of Representatives serving on the study committee. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this study committee.

(F)   The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide staffing for the study committee.

(G)   Members of the study committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.     /

Amend title to conform.

/s/Sen. C.K. "Greg" Gregory       /s/Rep. James H. Harrison
/s/Sen. Vincent A.  Sheheen       /s/Rep. Creighton B. Coleman
/s/Sen. G.E. "Chip" Campsen       /s/Rep. Tracy R. Edge
On Part of the Senate.                 On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

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

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of 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:

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, Edge and Coleman to the Committee of Conference on the part of the House on:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Very respectfully,
Speaker of the House

Received as information.

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.

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

Whereupon, Senators GREGORY, SHEHEEN and CAMPSEN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

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. Harrison, Edge and Coleman to the Committee of Free Conference on the part of the House on:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

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. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Very respectfully,
Speaker of the House

Received as information.

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.

On motion of Senator GREGORY, the Report of the Committee of Free Conference to S. 1031 was adopted as follows:

The Committee of Free Conference, to whom was referred:

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.

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 the following:

/   SECTION   1.     A.   It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.   (A)   Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(B)   For the limited purpose of the remedy of blight, the General Assembly may provide by law that improved or unimproved private property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property."
B.     It is proposed that Section 17, Article I of the Constitution of this State be amended to read:

"Section 17.   Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking."
C.     It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:

"Section 5.   Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."

SECTION   2.   The proposed amendments in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to provide that except as otherwise provided in the Constitution, private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use; and to further provide that for the limited purpose of the remedy of blight, the General Assembly may provide by law that private property may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property and if the property meets certain conditions; and must Section 17, Article I of the Constitution of this State be amended to delete undesignated paragraphs that give slum clearance and redevelopment power to municipalities and housing or redevelopment authorities in Sumter and Cherokee Counties; and must the Constitution of this State be amended to delete Section 5, Article XIV, which provides slum clearance and redevelopment power over blighted properties to municipalities and housing or redevelopment authorities in Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."     /

Amend title to conform.

/s/Sen. C.K. "Greg" Gregory       /s/Rep. James H. Harrison
/s/Sen. Vincent A.  Sheheen       /s/Rep. Creighton B. Coleman
/s/Sen. G.E. "Chip" Campsen       /s/Rep. Tracy R. Edge
On Part of the Senate.                 On Part of the House.

Senator GREGORY moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Report of the Committee of Free Conference be adopted.

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.

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 the following:

/   SECTION   1.     A.   It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.   (A)   Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(B)   For the limited purpose of the remedy of blight, the General Assembly may provide by law that improved or unimproved private property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property."
B.     It is proposed that Section 17, Article I of the Constitution of this State be amended to read:

"Section 17.   Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking."
C.     It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:

"Section 5.   Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."

SECTION   2.   The proposed amendments in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to provide that except as otherwise provided in the Constitution, private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use; and to further provide that for the limited purpose of the remedy of blight, the General Assembly may provide by law that private property may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is made for the property and if the property meets certain conditions; and must Section 17, Article I of the Constitution of this State be amended to delete undesignated paragraphs that give slum clearance and redevelopment power to municipalities and housing or redevelopment authorities in Sumter and Cherokee Counties; and must the Constitution of this State be amended to delete Section 5, Article XIV, which provides slum clearance and redevelopment power over blighted properties to municipalities and housing or redevelopment authorities in Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."     /

The "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 Report of the Committee of Free Conference was adopted.

A message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

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. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Very respectfully,
Speaker of the House

Received as information.

At 1:14 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:45 P.M. and was called to order by the PRESIDENT Pro Tempore.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.414, H. 4410 by a vote of 73 to 40:

(R414, H4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House sustained the veto by the Governor on R.414, H. 4410 and has overridden the veto by a vote of 93 to 16:

(R414, H4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.
Very respectfully,
Speaker of the House

Received as information.

(R414, H4410 (Word version)) -- Reps. Cotty and Brady: AN ACT TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS; AND TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO PROVIDE FOR NOTICE OF A CONFLICT AND RECUSAL RATHER THAN THE RESIGNATION OF THE PUBLIC OFFICIAL.

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

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

Senator RYBERG moved that the veto of the Governor by 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:

Anderson                  Ford                      Grooms
Leventis                  Martin                    Matthews
Patterson                 Rankin*

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Drummond
Fair                      Gregory                   Hawkins
Jackson                   Knotts                    Leatherman
Lourie                    Malloy                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Peeler                    Pinckney
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Verdin                    Williams

*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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.406, H. 3803 by a vote of 77 to 35:

(R406, H3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT "THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.
Very respectfully,
Speaker of the House

Received as information.

(R406, H3803 (Word version)) -- Reps. Edge and Wilkins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT "THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT" AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-IV CONTROLLED SUBSTANCES BY PROFESSIONALS LICENSED TO PRESCRIBE AND DISPENSE THESE DRUGS, TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH THESE PROFESSIONALS ARE TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT, TO PROVIDE FOR THE USE, CONFIDENTIALITY, AND AUTHORIZED DISCLOSURE OF THIS INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS RELATED TO REPORTING REQUIREMENTS AND FOR IMPROPER DISCLOSURE OF SUCH INFORMATION; AND TO AMEND SECTION 44-53-360, AS AMENDED, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES II-IV, RATHER THAN SCHEDULES II-V, MUST NOT EXCEED A THIRTY-ONE DAY SUPPLY, TO PROVIDE THAT PRESCRIPTIONS FOR SCHEDULE V CONTROLLED SUBSTANCES MUST NOT EXCEED A NINETY DAY SUPPLY, AND TO PROVIDE THAT A PHARMACIST OR PRACTITIONER DOES NOT HAVE A DUTY TO OBTAIN INFORMATION FROM THE PRESCRIPTION MONITORING PROGRAM AND ARE NOT LIABLE FOR OBTAINING OR NOT OBTAINING SUCH INFORMATION.

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

Senator HAYES spoke on the veto.

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

At 2:50 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

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                  Cleary
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Peeler
Pinckney                  Rankin *                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Thomas
Verdin                    Williams

Bryant                    Campsen                   Courson
Ryberg

*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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.376, H. 4491 by a vote of 96 to 6:

(R376, H4491 (Word version)) -- Rep. Herbkersman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.
Very respectfully,
Speaker of the House

Received as information.

(R376, H4491 (Word version)) -- Rep. Herbkersman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

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

Senator O'DELL spoke on the veto.

Senator O'DELL 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                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.404, H. 3726 by a vote of 74 to 31:

(R404, H3726 (Word version)) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
Very respectfully,
Speaker of the House

Received as information.

(R404, H3726 (Word version)) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR CERTAIN REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST NINE AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

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

Senator CAMPSEN spoke on the veto.

At 3:20 P.M., the PRESIDENT assumed the Chair.

Senator CAMPSEN spoke on the veto.

Senator CAMPSEN moved that the veto of the Governor be sustained.

Senator LEVENTIS spoke on the veto.

Senator HUTTO spoke on the veto.

Senator GREGORY spoke on the veto.

Senator LEVENTIS 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:

Anderson                  Drummond                  Ford
Gregory                   Hayes                     Hutto
Leatherman                Leventis                  Lourie
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Reese
Setzler                   Short                     Thomas
Williams

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Elliott
Fair                      Grooms                    Hawkins
Knotts                    Malloy                    Martin
McConnell                 Mescher                   O'Dell
Peeler                    Richardson                Ritchie
Ryberg                    Scott                     Sheheen
Verdin

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.

Senator HAWKINS rose for an Expression of Personal Interest.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.428, H. 4723 by a vote of 69 to 35:

(R428, H4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House sustained the veto by the Governor on R.428, H. 4723 and has overridden the veto by a vote of 88 to 16:

(R428, H4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.
Very respectfully,
Speaker of the House

Received as information.

(R428, H4723 (Word version)) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J.H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J.M. Neal, Neilson, Parks, Perry, Phillips, F.N. Smith, J.E. Smith, W.D. Smith, Tripp, Viers, Weeks and Harvin: AN ACT TO CREATE A SOUTH CAROLINA AFFORDABLE HOUSING STUDY COMMITTEE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS AND WHOSE PURPOSE IS TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE TO THE GOVERNOR AND GENERAL ASSEMBLY, RELATED TO AFFORDABLE HOUSING ISSUES IN THE STATE, AND TO PROVIDE FOR ITS DISSOLUTION UPON THE FILING OF IT RECOMMENDATIONS.

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

Senator RITCHIE 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                  Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin *
Reese                     Richardson                Ritchie
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

Bryant                    Campsen                   Cleary
McConnell                 Ryberg

*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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.405, H. 3773 by a vote of 70 to 26:

(R405, H3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Very respectfully,
Speaker of the House

Received as information.

(R405, H3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

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

Senator McCONNELL spoke on the veto.

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
Drummond                  Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Knotts                    Lourie
Malloy                    Matthews                  McGill
Mescher                   O'Dell                    Reese
Sheheen                   Short                     Verdin
Williams

Cleary                    Courson                   Elliott
Hawkins                   Leatherman                Leventis
Martin                    McConnell                 Patterson
Peeler                    Pinckney                  Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Thomas

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.

(R405, H3773 (Word version)) -- Reps. Vick, W.D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, AND COINS AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Having voted on the prevailing side, Senators PINCKNEY and SCOTT moved to reconsider the vote whereby the veto was sustained.

The motion to reconsider the vote whereby the veto was sustained was adopted.

Senator McCONNELL spoke on the veto.

Senator SHEHEEN spoke on the veto.

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                  Courson
Drummond                  Elliott                   Hawkins
Hutto                     Knotts                    Leatherman
Lourie                    Malloy                    Matthews
McGill                    Patterson                 Pinckney
Reese                     Scott                     Setzler
Sheheen                   Short                     Verdin
Williams

Bryant                    Campsen                   Fair
Gregory                   Grooms                    Hayes
Leventis                  Martin                    McConnell
Mescher                   O'Dell                    Peeler
Richardson *              Ritchie                   Ryberg

*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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 437, H. 4874 by a vote of 100 to 16:

(R437, H4874 (Word version)) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY "; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.
Very respectfully,
Speaker of the House

Received as information.

(R437, H4874 (Word version)) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G.R. Smith, J.E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; TO AMEND SECTION 12-6-2250, RELATING TO APPORTIONMENT OF INCOME FOR CERTAIN BUSINESSES, SO AS TO PROVIDE FOR THE CALCULATION OF APPORTIONED INCOME USING SALES FIGURES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO INCLUDE A BANK AND A LICENSED GENERAL CONTRACTOR AS TAXPAYERS WHO MAY QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-3375, RELATING TO A TAX CREDIT AGAINST INCOME TAX FOR COMPANIES USING THE STATE'S PORT FACILITIES, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS, AND TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO INCLUDE A BANK'S HEADQUARTERS AND TO REDEFINE "COMPANY BUSINESS UNIT"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT TAX CREDIT, SO AS TO ALLOW FOR A REDUCTION AGAINST THE CREDIT FOR TAXES DUE AND TO INCLUDE CERTAIN EMPLOYEE RELOCATION EXPENSES AS QUALIFYING EXPENSES; TO AMEND SECTION 12-20-110, AS AMENDED, RELATING TO CERTAIN ENTITIES TO WHICH CORPORATION LICENSE FEES PROVISIONS DO NOT APPLY, SO AS TO INCLUDE A CERTIFIED COMMUNITY DEVELOPMENT ENTITY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTION FROM THE STATE SALES TAX, SO AS TO EXEMPT CONSTRUCTION MATERIALS USED IN BUILDING A SINGLE MANUFACTURING AND DISTRIBUTION CENTER WITH CERTAIN MINIMUM INVESTMENTS; TO AMEND SECTIONS 12-44-130 AND 12-44-140, BOTH AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO QUALIFICATION OF AN INDUCEMENT LEASE AGREEMENT FOR THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT AND TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO DELETE CERTAIN INVESTMENTS FROM A FOUR PERCENT MINIMUM ASSESSMENT RATIO AND TO REDUCE THE MINIMUM INVESTMENT REQUIREMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A HIGHER TIER OF CREDIT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 4-12-30 AND SECTION 4-29-67, BOTH RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE THAT PROPERTY TITLED IN A COUNTY'S NAME IS PRIVATE PROPERTY FOR PURPOSES OF AN INDUSTRIAL DEVELOPMENT PARK; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR INCOME DATA TO BE DETERMINED BY THE AVERAGE PER CAPITA INCOME OF THE COUNTY OR THE STATE, TO PROVIDE FOR A CREDIT FOR A TAXPAYER OPERATING AN EXTRAORDINARY RETAIL ESTABLISHMENT, AND TO DEFINE "EXTRAORDINARY RETAIL ESTABLISHMENT"; TO AMEND SECTION 12-21-6520, RELATING TO DEFINITIONS FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSIONS ACT, SO AS TO FURTHER DEFINE "TOURISM OR RECREATIONAL FACILITY"; AND BY ADDING SECTION 12-21-6590 SO AS TO PROVIDE THAT ONLY FOUR EXTRAORDINARY RETAIL ESTABLISHMENTS MAY BE DESIGNATED, THAT SALES TAX BE DETERMINATIVE RATHER THAN ADMISSIONS TAX FOR THIS PURPOSE, AND TO DEFINE "INFRASTRUCTURE IMPROVEMENTS" TO INCLUDE AN AQUARIUM OR NATURAL HISTORY EXHIBIT OR MUSEUM IN CONNECTION WITH THE ESTABLISHMENT, AS WELL AS OTHER EXPENDITURES DIRECTLY SUPPORTING THE CONSTRUCTION OR OPERATION OF THE ESTABLISHMENT.

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

Senator O'DELL 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                  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
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

Bryant                    Ryberg

*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.

At 3:59 P.M., Senator MARTIN assumed the Chair.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.372, H. 4316 by a vote of 89 to 25:

(R372, H4316 (Word version)) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G.R. Smith, Cotty, Whipper, Taylor, Kirsh, M.A. Pitts, Coates, G.M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: AN ACT TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED AND TO EXCEPT SEASONAL OR OTHER CUSTOMARY FLUCTUATIONS IN PRICE.
Very respectfully,
Speaker of the House

Received as information.

(R372, H4316 (Word version)) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G.R. Smith, Cotty, Whipper, Taylor, Kirsh, M.A. Pitts, Coates, G.M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: AN ACT TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED AND TO EXCEPT SEASONAL OR OTHER CUSTOMARY FLUCTUATIONS IN PRICE.

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

Senator KNOTTS 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                  Cleary
Courson                   Drummond                  Elliott
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin *                  Reese
Richardson                Ritchie                   Scott
Setzler                   Sheheen                   Short
Thomas                    Williams

Bryant                    Campsen                   Fair
Grooms                    Hawkins                   Mescher
Ryberg                    Verdin

*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.

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.

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

Senator HUTTO spoke on the report.

On motion of Senator HUTTO, the Report of the Committee of Conference to H. 4735 was adopted as follows:

The Committee of Conference, to whom was referred:

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.

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.   Section 44-23-410 of the 1976 Code is amended to read:

"Section 44-23-410.   (A)   Whenever a judge of the Circuit Court or Family Court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:

(1)   order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability; . the The examination must be made within fifteen thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or

(2)   order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on his mental capacity.

(B)   Before the expiration of the examination period or the examination and observation period, the Department of Mental Health or the Department of Disabilities and Special Needs, as appropriate, may apply to a judge designated by the Chief Justice of the South Carolina Supreme Court for an extension of time up to fifteen days to complete the examination or the examination and observation.

(C)   If the person or the person's counsel requests, the court may authorize the person to be examined additionally by a designated examiner of the person's choice. However, the court may prescribe the time and conditions under which the independent examination is conducted.

(D)   If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not mental retardation or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have mental retardation or a related disability' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and mental retardation or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on the person's mental capacity."

SECTION   2.   Section 44-23-420 of the 1976 Code is amended to read:

"Section 44-23-420.   (A)   Within five ten days of examination under Section 44-23-410(1) 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(2) 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:

(1)   A a diagnosis of the person's mental condition,; and

(2)   Clinical clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.

(B)   The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.

(C)   The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430."

SECTION   3.   Section 44-23-430 of the 1976 Code is amended to read:

"Section 44-23-430.   Upon receiving the report of the designated examiners the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:

(1)   The the person is fit to stand trial, it shall order the criminal proceedings resumed; or

(2)   The the person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within sixty fourteen days, excluding Saturdays, Sundays, and holidays, during which time the court shall may order him the person hospitalized, may order the person to continue in detention if detained, or, if on bond, may permit the person to remain on bond; or

(3)   The the person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him hospitalized for up to an additional sixty days. If the person is found to be unfit at the conclusion of the additional period of treatment the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Article 1 of Chapter 21 of this title Section 40-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, during which time the person shall remain hospitalized.

Subject to the provisions of Section 44-23-460, patients persons against whom criminal charges are pending shall have all the rights and privileges of other involuntarily hospitalized patients persons.

Persons against whom criminal charges are pending but who are not ordered hospitalized involuntarily committed following judicial admission proceedings shall be released."

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

Amend title to conform.

/s/Sen. C. Bradley Hutto          /s/Rep. G. Murrell Smith, Jr.
/s/Sen. Vincent A. Sheheen        /s/Rep. F.G. "Greg" Delleney, Jr.
/s/Sen. Kevin L. Bryant           /s/Rep. Fletcher N. Smith, Jr.
On Part of the Senate.                 On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

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

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of 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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R377, H. 4622 by a vote of 87 to 18:

(R377, H4622 (Word version)) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.
Very respectfully,
Speaker of the House

Received as information.

(R377, H4622 (Word version)) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.

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

Senator MALLOY 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:

Anderson                  Cleary                    Drummond
Ford                      Hayes                     Hutto
Jackson                   Knotts                    Leventis
Lourie                    Malloy                    Matthews
McGill                    Mescher                   Patterson
Pinckney                  Rankin *                  Reese
Ritchie                   Scott                     Setzler
Short                     Thomas                    Williams

Alexander                 Bryant                    Campsen
Courson                   Elliott                   Fair
Gregory                   Grooms                    Hawkins
Martin                    McConnell                 O'Dell
Peeler                    Richardson                Ryberg
Sheheen                   Verdin

*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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Senator SHEHEEN rose to an Expression of Personal Interest.

(R377, H4622 (Word version)) -- Reps. Walker, Cato, Harrell, Bingham, Leach, Loftis, Tripp, Cooper, White, Townsend, Bales, Battle and Dantzler: AN ACT TO AMEND SECTION 38-77-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED TO AN INSURED, SO AS TO PROVIDE THAT THE FORM MUST NOT NECESSARILY BE COMPLETED BY THE INSURED, BUT MUST BE SIGNED BY THE INSURED TO BE USED AS EVIDENCE OF INFORMED SELECTION; TO AMEND SECTION 38-55-75, RELATING TO CONFIDENTIALITY OF INFORMATION RECEIVED BY THE DEPARTMENT OF INSURANCE, SO AS TO REFER TO INFORMATION RECEIVED FROM STATE, FEDERAL, AND FOREIGN REGULATORY OFFICIALS; AND TO AMEND SECTION 38-77-140, RELATING TO GENERAL REQUIREMENTS OF POLICIES COVERING BODILY INJURY AND PROPERTY DAMAGE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS FOR POLICIES ISSUED OR RENEWED AFTER JANUARY 1, 2007.

Having voted on the prevailing side, Senator SHEHEEN moved to reconsider the vote whereby the veto was sustained.

The motion to reconsider the vote whereby the veto was sustained was adopted.

Senator MALLOY spoke on the veto.

Senator MALLOY 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:

Anderson                  Bryant                    Cleary
Drummond                  Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land *                    Leatherman                Leventis
Lourie                    Malloy                    Matthews
McGill                    Mescher                   O'Dell
Patterson                 Pinckney                  Rankin *
Reese                     Ritchie                   Scott
Setzler                   Sheheen                   Short
Thomas                    Williams

Alexander                 Campsen                   Courson
Fair                      Martin                    McConnell
Peeler                    Ryberg                    Verdin

*These Senators were not present in the Chamber at the time the vote was taken and the votes were 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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.432, H. 4810 by a vote of 99 to 13:

Very respectfully,
Speaker of the House

Received as information.

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

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

Senator RYBERG spoke on the veto.

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                  Cleary
Courson                   Drummond                  Elliott
Fair                      Ford                      Gregory
Hayes                     Hutto                     Jackson
Knotts                    Land *                    Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin *                  Reese                     Richardson *
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Thomas
Williams

Bryant                    Campsen                   Grooms
Hawkins                   Mescher                   Ryberg
Verdin

*These Senators were not present in the Chamber at the time the vote was taken and the votes were 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.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R427, H. 4707 (Word version) by a vote of 66 to 30:

(R427, H4707) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.
Very respectfully,
Speaker of the House

(R427, H4707 (Word version)) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G.M. Smith, J.E. Smith and Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR A FUND TO ACCEPT PUBLIC AND PRIVATE MONIES, AND PROVIDE THAT NO STATE FUNDS MAY BE USED FOR THE FINANCIAL LITERACY INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND; AND TO PROVIDE THE INTENT.

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

Senator HAYES 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.

At 5:05 P.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 6:00 P.M.

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

Columbia, S.C., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 1 by the Governor on R433, H. 4812 by a vote of 98 to 11:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 1     Section 1; Page 2; Item 9; The Citadel; Infirmary Roof Repair; $1,500,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 1     Section 1; Page 2; Item 9; The Citadel; Infirmary Roof Repair; $1,500,000

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:

Alexander                 Anderson                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 2 by the Governor on R433, H. 4812 by a vote of 84 to 27:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 2     Section 1; Page 2; Item 10; Coastal Carolina University; College of Natural Science (Nutraceuticals); $250,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 2     Section 1; Page 2; Item 10; Coastal Carolina University; College of Natural Science (Nutraceuticals); $250,000

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:

Alexander                 Anderson                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 3 by the Governor on R433, H. 4812 by a vote of 89 to 16:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 3     Section 1; Page 2; Item 11; South Carolina State University; Repair/Renovation; $2,500,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 3     Section 1; Page 2; Item 11; South Carolina State University; Repair/Renovation; $2,500,000

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:

Alexander                 Anderson                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 4 by the Governor on R433, H. 4812 by a vote of 73 to 31:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 4     Section 1; Page 2; Item 14; Vocational Rehabilitation; Parking Facilities Upgrade; $165,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 4     Section 1; Page 2; Item 14; Vocational Rehabilitation; Parking Facilities Upgrade; $165,000

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:

Alexander                 Anderson                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 5 by the Governor on R433, H. 4812 by a vote of 73 to 32:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 5     Section 1; Page 2; Item 20; Office of Indigent Defense; Information Technology; $500,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 5     Section 1; Page 2; Item 20; Office of Indigent Defense; Information Technology; $500,000

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:

Alexander                 Anderson                  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

Bryant

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 6 by the Governor on R433, H. 4812 by a vote of 80 to 26:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 6     Section 1; Page 3; Item 35; Department of Agriculture; Pee Dee Market Expansion; $750,000

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 6     Section 1; Page 3; Item 35; Department of Agriculture; Pee Dee Market Expansion; $750,000

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:

Alexander                 Anderson                  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
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

Bryant                    Ryberg

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., June 14, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 7 by the Governor on R433, H. 4812 by a vote of 86 to 21:

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 7     Section 1; Page 4; Item 47; Arts Commission; Arts Facility Project; $821,364

Very respectfully,
Speaker of the House

Received as Information

(R433, H4812 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

Veto 7     Section 1; Page 4; Item 47; Arts Commission; Arts Facility Project; $821,364

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:

Alexander                 Anderson                  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

Bryant

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

Mr. President and Senators:

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

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
Speaker of the House

Received as information.

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

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

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Conference to H. 3882 was adopted as follows:

The Committee of Conference, to whom was referred:

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LIC ENSE PLATES FOR CERTAIN MOTOR VEHICLES.

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:

/   SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-1450.   (A)   An owner of a motor vehicle that is thirty years old or older, may apply to the department to use a license plate issued by this State in the year corresponding to the model year of the vehicle, if the license plate is legible and serviceable, as determined by the department. If the department determines that the plate is legible and serviceable, the applicant must submit the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020. The biennial renewal fee for these plates shall be the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020.

(B)   Once the department approves use of the plate and the applicant submits the required fees, the department shall register the plate to the applicant. The department may not register a license plate that has a sequence of numbers, letters, or other characters identical to any other license plate already issued by the department. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.

(C)   License plates registered pursuant to this section may only be transferred to vehicles of the same model year as the year the license plate was originally issued."

SECTION   2.   This act takes effect six months after the approval by the Governor./

Amend title to conform.

/s/Sen. Michael L. Fair           /s/Rep. Phillip D.  Owens
/s/Sen. C. Bradley Hutto          /s/Rep. E.H. "Ted" Pitts, Jr.
/s/Sen. Lawrence K. "Larry" Grooms  /s/Rep. Kenneth G. Clark
On Part of the Senate.                 On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee of 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.

Columbia, S.C., June 14, 2006

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. J.M. Neal, Pinson and Miller to the Committee of Free Conference on the part of the House on:

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Very respectfully,
Speaker of the House

Received as information.

S 613 -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

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

Whereupon, Senators FAIR, HUTTO and GROOMS were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

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. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Very respectfully,
Speaker of the House

Received as information.

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

The Committee of Conference, to whom was referred:

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

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:

/   SECTION   1.   Section 56-3-630 of the 1976 Code is amended to read:

"Section 56-3-630.   The Department of Motor Vehicles shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three- wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of seven nine thousand pounds or less and a gross weight of nine eleven thousand pounds or less, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle. The department shall classify a three-wheel vehicle by the manufacturers statement of origin for the vehicles initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660."

SECTION   2.   Section 56-3-8000 of the 1976 Code, as last amended by Act 194 of 2002, is further amended to read:

"Section 56-3-8000.   (A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger-carrying passenger 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 and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee contained in Section 56-3-2020 to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of 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 pursuant to this section, it must receive:

(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 which must be approved by the department. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.

(C)   If the department receives less than three hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.

(D)   Only certified members of organizations, as set forth by the organization, may be issued a special license plate pursuant to this section. Each certified member may only apply for one special license plate for each vehicle registered in his name.

(E)   License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.

(F)   Notwithstanding any other provision of law, all funds collected pursuant to this section must be deposited into an account in the Office of the Treasurer and called the "Special License Plate Fund". Monies credited to the fund may only be expended to defray the costs of this section.

(G E)   Before a design is approved, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design.

(H F)   The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards. If the department alters, modifies, or refuses to produce a special license plate, the organization or individual applying for the license plate may appeal the department's decision to a special joint legislative committee. This committee shall be comprised of two members from the House Education and Public Works Committee, two members from the Senate Transportation Committee.

Appointments to the joint legislative committee shall be made by the chairmen of the House Education and Public Works Committee and the Senate Transportation Committee. The department's decision may be reversed by a majority of the joint legislative committee. If the committee reverses the department's decision, the department must issue the license plate pursuant to the committee's decision. However, the provision contained in subitem (B) of this section also must be met. The joint legislative committee may also review all license plates issued by the department and instruct the department to cease issuing or renewing a plate it deems offensive or fails to meet community standards."

SECTION   3.   Section 56-3-8100 of the 1976 Code is amended to read:

"Section 56-3-8100.   (A)   Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2000 2006, it must receive:

(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. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and;

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

(3)   the emblem, seal, or other symbol to be used for the plate and, if necessary, written authorization for the department to use a logo, trademark, or design that is copyrighted or registered. If the individual or organization seeking issuance of the plate submits four thousand dollars, the Comptroller General shall place that money into a restricted account to be used by the department to defray the initial cost of producing the special license plate.

(B)   The fee for all special license plates created by the General Assembly after January 1, 2006, is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested can only be changed every five years from the first year the plate is issued. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.

(C)   Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate.

(B D)   If the department receives less than three hundred biennial applications and renewals for a particular special license plate, 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.

(C E)   If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, Title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, Title 56, 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.

(D)   Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate."

SECTION   4.   Section 56-3-8200(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, the special fee required by Section 56-3-2020, and an additional special fee of forty fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen by the license plate issue to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."

SECTION   5.   Section 56-3-8300(A) of the 1976 Code is amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Marine Corps League for private passenger motor vehicles registered in their names. The fee for this special plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the department. The fee for this license plate is the fee set forth for special license plates in Section 56-3-8100. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the South Carolina Department of the Marine Corps League. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization."

SECTION   6.   Section 56-3-5400(A) of the 1976 Code as added by Act 54 of 2005, is amended to read:

"(A)   The department may issue Fraternal Order of Police special license plates to owners of private passenger-carrying motor vehicles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both."

SECTION   7.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-6500.   The Department of Motor Vehicles may issue 'United States Naval Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Naval Academy Alumni Association."

SECTION   8.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7050.   The Department of Motor Vehicles may issue 'United States Air Force Academy' special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Air Force Academy Alumni Association."

SECTION   9.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7310.   The Department of Motor Vehicles may issue 'Support Our Troops' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to Support Our Troops, Inc."

SECTION   10.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7320.   The Department of Motor Vehicles may issue 'Emergency Medical Service' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Emergency Medical Services Association."

SECTION   11.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7330.   The Department of Motor Vehicles may issue 'Boy Scouts of America' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina."

SECTION   12.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7340.   (A)   The Department of Motor Vehicles may issue 'Native American' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina."

SECTION   13.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7350.   The Department of Motor Vehicles may issue 'South Carolina Peach Council' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Peach Council."

SECTION   14.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7360.   The Department of Motor Vehicles may issue 'Korean War Veterans' special license plates to owners of private passenger motor vehicles registered in their names who are Korean War Veterans who served on active duty in Korea at anytime during the Korean War. The applicant must present the department with a DD214, or other official documentation that states that he served on active duty in Korea upon initial application for this special license plate. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of twenty dollars. Any portion of the additional twenty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the state general fund."

SECTION   15.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7370.   The Department of Motor Vehicles may issue 'Cancer Research Centers of the Carolinas' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifteen dollars. Any portion of the additional fifteen-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas."

SECTION   16.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7800.   The Department of Motor Vehicles may issue 'South Carolina Aquarium' special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifty dollars. Any portion of the additional fifty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Aquarium."

SECTION   17.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   18.   If any 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 section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   19.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/Sen. Michael L. Fair           /s/Rep. James M. Neal
/s/Sen. C. Bradley Hutto          /s/Rep. Lewis E. Pinson
/s/Sen. Larry Grooms              /s/Rep. Vida Osteen Miller
On Part of the Senate.                 On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 14, 2006

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. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Very respectfully,
Speaker of the House

Received as information.

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G.M. Smith, Lucas, M.A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

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

Whereupon, Senators GREGORY, SHEHEEN and CAMPSEN 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 GREGORY, the Report of the Committee of Free Conference to H. 4503 was adopted as follows:

The Conference of Free Conference, to whom was referred:

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G.M. Smith, Lucas, M.A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

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.   Subsections (4) and (15) of Section 4-9-30 of the 1976 Code are amended to read:

"(4)   to exercise powers of eminent domain for county purposes except where the land concerned is devoted to a public use; provided, however, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33 shall is not be subject to condemnation unless the county in which their the corporation's service area is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the county shall assume all obligations of the corporation related to the property and the facilities thereon on it which were condemned;"

"(15)   to undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly delegates to any county the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any county may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition or real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of how for whom or for what purpose acquired, for private use or public use by lease, mortgage, sale, or otherwise. 'Air rights' shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of them. 'Subsurface rights' means estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization of them;"

SECTION   2.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-32.   (A)   Before exercising the powers granted in Section 4-9-30(15), a county governing body shall:

(1)   perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:

(a)   establish criteria for the objective to be accomplished as a result of the proposed taking;

(b)   include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and

(c)   identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;

(2)   convene a meeting between the county official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not limited, to any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to item (1) of this subsection;

(3)   produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.

(B)   Unless the cost-benefit analysis report pursuant to item (1) of subsection (A) concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the county may not exercise the authority granted in Section 4-9-30(15)."

SECTION   3.   Section 5-7-50 of the 1976 Code is amended to read:

"Section 5-7-50.   Any (A)(1)   A municipality desiring to become the owner of any land or to acquire any easement or right-of-way therein in it for any an authorized corporate or public purpose shall have the right to use may condemn such the land or right-of-way or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall does not apply to any property devoted to public use; provided, however, except that, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33, shall is not be subject to condemnation unless the municipality in which their the corporation's service area is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon on it which were condemned.

(2)   Provided, however, In accordance with and subject to the requirements and conditions of subsections (B) and (C) of this section, that any an incorporated municipality, or any a housing or redevelopment authority now existing or hereafter established to function, later may undertake and carry out slum clearance and redevelopment work in areas which that are predominately slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise or to public bodies for public uses and, to that end, the General Assembly delegates to any incorporated municipality, or such like authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any incorporated municipality, political subdivision, or authority may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of who for whom or for what purpose acquired, for private use or public use by lease, mortgage, sale, or otherwise. 'Air rights' shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of them. 'Subsurface rights' shall mean means estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of them.

(B)   Before exercising the powers granted in paragraph (A)(2) of this section, the municipality, political subdivision, or authority shall:

(1)   perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:

(a)   establish criteria for the objective to be accomplished as a result of the proposed taking;

(b)   include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and

(c)   identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;

(2)   convene a meeting between the governmental official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not limited to, any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to subsection (B)(1);

(3)   produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.

(C)   Unless the cost-benefit analysis report pursuant to this section concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the municipality, political subdivision, or authority may not exercise the authority granted in subsection (A)(2) of this section."

SECTION   4.   Section 6-33-30(1) of the 1976 Code is amended to read:

"(1)   'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:

(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or

(b)   if vacant, the sound growth is impaired by:

(i)     a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or

(ii)   the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. Agricultural real property has the same definition as in Section 12-43-230.

(1A)     'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510."

SECTION   5.   Title 28 of the 1976 Code is amended by adding:

Section 28-1-10.   This chapter may be cited as 'The South Carolina Private Property Rights Protection Act'.

Section 28-1-20.   As used in this title:

(1)   'Condemnation date' means either (a) the date the condemnation action is filed, or (b) the date the document transferring ownership is recorded, whichever occurs first.

(2)   'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn property by eminent domain.

(3)   'Date of taking' means the date when the condemnor files formal notice with the clerk of court.

(4)   'Assignee' means a person or entity that has been assigned, gifted, granted, bequested, or devised a right of first refusal.

(5)   'Public use' means the standard in the State Constitution by which private property may be condemned by eminent domain.

Section 28-1-30.   Notwithstanding any other provision of law to the contrary, a condemnor's acquisition of property by eminent domain must comply with the following requirements:

(1)(a)   Except as provided in the State Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made for the property. Private property shall not be condemned by eminent domain for any purpose or benefit, including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use.

(b)   For the limited purpose of the remedy of blight, the General Assembly may provide by law that private property constituting a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors may be condemned by eminent domain without the consent of the owner and put to a public use or private use if just compensation is first made for the property.

(2)   Only a condemnor shall exercise the power of eminent domain in this State, and a condemnor must not delegate his authority to a person or other entity that has not been empowered by the General Assembly or federal government to condemn private property by eminent domain.

(3)   The condemnor must:

(a)   provide written notice to the condemnee in substantially the following form: THIS IS AN EMINENT DOMAIN CONDEMNATION AND IS A LEGAL PROCESS THAT INVOLVES VALUATION OF PROPERTY DESCRIBED HEREIN. YOU MAY NEED TO CONSULT AN ATTORNEY AND/OR A REAL ESTATE PROFESSIONAL IN ORDER TO PROTECT YOUR LEGAL RIGHTS;

(b)   file the notice with the formal condemnation notice with the clerk of court; and

(c)   maintain a publicly available document that states the public use for property that has been condemned.

Section 28-1-40.   (A)   This section does not apply:

(1)   if its provisions are otherwise contrary to the State or Federal Constitution or federal law;

(2)   when condemned property is sold, leased, exchanged, transferred, or otherwise conveyed by one condemnor to another condemnor who may exercise eminent domain authority for the same or similar public use;

(3)   to an uneconomic remainder acquired pursuant to Section 28-2-100;

(4)   to the lease of property by the condemnor for additional uses not in conflict with a planned or ongoing public use of the property;

(5)   if the condemnee expressly waives a right to reacquire or right of first refusal in the conveyance document; or

(6)   if a condemnee, his agent, or his assignee fails to appear and claim a right to reacquire or right of first refusal in the condemnation proceedings.

(B)   When a fee simple interest in property is condemned after the effective date of this section, a condemnor must inform a condemnee that he may choose to exercise, assign, or decline:

(1)   a right to reacquire the condemned property if the condemned property is not used for the public use for which it was condemned within ten years after the condemnation date as provided in subsection (C)(1) and (2), or

(2)   a right of first refusal to repurchase the condemned property if the condemned property is sold less than twenty years after the condemnation date as provided in subsection (C)(3).

(C)   Except as provided in subsection (A) or unless a failure to receive the current appraised value would result in a loss of federal funding for a project:

(1)   a condemnee, his agent, or an assignee has the right to reacquire the subject real property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less, if the real property, or a portion of it, condemned pursuant to the procedure prescribed in Chapter 2 is not used for the public use for which it was condemned within ten years after the condemnation date.

(a)   The ten-year period required by this item must be tolled for the period of time during which condemnation is contested or the declared use is delayed for regulatory, permitting, litigation, or other legal proceedings.

(b)   Subsection (C)(1) does not apply to property acquired for a future transportation corridor or a public seaport.

(2)   except as otherwise provided by law as to blighted areas, the condemnor of real property pursuant to Chapter 2 may not sell, lease, exchange, transfer, or otherwise convey the condemned property or a portion of it to a private or public person or entity unless the condemnee, his agent, or an assignee have the right to reacquire the subject property as provided in this section upon payment of the amount of the original condemnation award or its current appraised value, whichever is less.

(3)   if the condemned property is sold by the condemnor less than twenty years after the condemnation date, the condemnor must offer the condemnee the right of first refusal to purchase the condemned property as follows:

(a)   if the sale occurs more than ten years and up to twelve years after the condemnation date, the purchase price is no more than fifty percent of the fair market value of the property or the condemnation price, whichever is greater;

(b)   if the sale occurs more than twelve years and up to fourteen years after the condemnation date, then the purchase price is no more than sixty percent of the fair market value of the property or the condemnation price, whichever is greater;

(c)   if the sale occurs more than fourteen years and up to sixteen years after the condemnation date, then the purchase price is no more than seventy percent of the fair market value of the property or the condemnation price, whichever is greater;

(d)   if the sale occurs more than sixteen years and up to eighteen years after the condemnation date, then the purchase price is no more than eighty percent of the fair market value of the property or the condemnation price, whichever is greater;

(e)   if the sale occurs more than eighteen years and up to twenty years after the condemnation date, then the purchase price is no more than ninety percent of the fair market value of the property;

(f)   if the sale occurs more than twenty years after the condemnation date, then the purchase price is no more than one hundred percent of the fair market value of the property.

(D)   If the condemnee declines the right to reacquire or right of first refusal at the time the property is condemned, then the conveyance document transferring the condemned property from the condemnee to the condemnor shall explicitly state that such right to reacquire or right of first refusal has been declined and does not exist.

(E)   If the condemnee does not decline the right to reacquire or right of first refusal at the time the property is condemned, the conveyance document transferring the property from the condemnee to the condemnor must contain provisions that:

(1)   grant the condemnee the right to reacquire or right of first refusal if the condemned property is sold by the condemnor less than twenty years after the condemnation date;

(2)   provide that the right to reacquire or right of first refusal is transferable by way of gift, bequest, or devise to an assignee only if:

(a)   the condemnee files with the clerk of court or register of deeds in the county where the property is located a notice of the gift, bequest, or devise as provided in subsection (F); and

(b)   the gift, bequest, or devise vests as provided by the law of this State; and

(3)   provide for service of notice to the condemnee, his agent, or an assignee to whom the right to reacquire or right of first refusal has been transferred if the property is sold pursuant to the requirements of subsection (G).

(F)   The condemnee, his agent, or an assignee to whom the right to reacquire or right of first refusal has been transferred:

(1)   must file with the clerk of court or register of deeds and with the condemnor a permanent address for service of notice if the property is sold;

(2)   must file with the clerk of court or register of deeds and with the condemnor of any change in the permanent address for service of notice;

(3)   is conclusively considered to have declined the right to reacquire or right of first refusal if a permanent address or change of permanent address for service of notice is not provided to the condemnor; and

(4)   is conclusively considered to have waived any right to reacquire or right of first refusal if he fails to appear and claim a right to reacquire or right of first refusal in the condemnation proceedings.

(G)(1)   If the condemnor provides notice by certified letter of the intent to sell the condemned property to the permanent address for service of notice to the condemnee, his agent, or an assignee to whom the right of first refusal has been transferred, and the condemnor receives no reply within sixty days of the postmarked date, then the right of first refusal is considered declined and the condemnor may sell the property as provided by law. If the condemnor receives a written reply, the condemnor must file the reply with the clerk of court or register of deeds.

(2)   The right to reacquire or right of first refusal expires if the condemnee, his agent, or an assignee fails to pay the amount required by subsection (C) and stated in the condemnor's letter by one hundred and twenty days of the letter's postmarked date.

(3)   If a dispute occurs over the purchase price or fair market value of the property, the right to reacquire or right of first refusal expires if the condemnee fails to pay the amount:

(a)   agreed upon by the parties pursuant to a written agreement; or

(b)   determined by a court to be the amount owed within one hundred and twenty days of the date of the parties' written agreement or the court decision is rendered.

(H)   Where the property interest condemned is an easement or other property interest less than fee simple, an offer of first refusal to acquire the condemned property that is no longer needed for a public use shall be made to the current owner of the parent tract.

(I)   Prior to the sale, lease, or transfer of the property acquired as an uneconomic remainder, the condemnor must notify owners of land contiguous to the economic remainder and offer an opportunity to bid to purchase or lease the property.

(J)   If a property is transferred from one condemnor to another condemnor as provided in subsection (A)(2), the subsequent condemnor must comply with the original condemnor's obligations under this section."

SECTION   6.   Section 28-2-20 of the 1976 Code is amended to read:

"Section 28-2-20.   (A)   This act amends chapter establishes the law of this State relating to procedures for acquisitions of property and to the exercise of the power of eminent domain.

(B)   It is the intention of the General Assembly that this act chapter is designed to create a uniform procedure for all exercise of eminent domain power in this State.

(C)   It is not intended by the creation of The General Assembly does not intend through this act chapter to alter the substantive law of condemnation, and any uncertainty as to construction which might arise must be resolved in a manner consistent with this declaration.

(D)   In the event of conflict between this act chapter and any other law with respect to any subject governed by this act chapter, this act shall chapter must prevail."

SECTION   7.   Section 28-2-30 of the 1976 Code is amended to read:

"Section 28-2-30.   As used in this act chapter:

(1)   'Action' means condemnation action.

(2)   'Appraisal' means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property.

(2A)   'Blighted', when used in any section of the Code to describe real property or an area for eminent domain purposes, means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that, an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the appropriate local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, a property owner or person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510.

(3)   'Clerk of court' or 'clerk' means the clerk of court of common pleas of the county in which the real property sought for acquisition by a condemnor, or the major portion of the property, is located.

(4)   'Condemn' means to take property under the power of eminent domain.

(5)   'Condemnation action' includes all acts incident to the process of condemning property after the service of a Condemnation Notice.

(6)   'Condemnee' means a person or other entity who has a record interest in or holds actual possession of property that is the subject of a condemnation action.

(7)   'Condemnor' means a person or other entity empowered by the General Assembly or federal government to condemn private property by eminent domain.

(8)   'Court' means a circuit court of this State and includes, when the context requires, any judge of the court.

(9)   'Crops' means any form of vegetation intended to be removed and used or sold for commercial purposes, including without limitation grass, flowers, fruits, vegetables, trees, vines, and nursery stock.

(10)   'Federal agency' means the United States or any agency or instrumentality, corporate, or otherwise of the United States.

(11)   'Improvement' includes any building or structure, and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or other substantial economic loss.

(12)   'Landowner' means one or more condemnees having a record fee simple interest in the property condemned or any part thereof, as distinguished from condemnees who possess a lien or other nonownership interest in the property; where there are more than one, the term means the condemnees collectively, unless expressly provided otherwise.

(13)   'Lien' means a security interest in property arising from contract, mortgage, deed of trust, statute, common law, equity, or creditor action.

(14)   'Litigation expenses' means the reasonable fees, charges, disbursements, and expenses necessarily incurred from and after service of the Condemnation Notice, including, but not limited to, reasonable attorney's fees, appraisal fees, engineering fees, deposition costs, and other expert witness fees necessary for preparation or participation in condemnation actions and the actual cost of transporting the court and jury to view the premises.

(15)   'Local public entity' means a public entity other than the State.

(16)   'Person' includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity.

(17)   'Property', 'real property', or 'land' means all lands, including improvements and fixtures thereon, lands under water, easements and hereditaments, corporeal or incorporeal, every estate, interest and right, legal or equitable, in lands or water and all rights, interests, privileges, easements, encumbrances, and franchises relating thereto, including terms for years and liens by way of judgment, mortgage, or otherwise.

(18)   'Public body' means this State or any county, city, town, municipal corporation, municipality, authority or other subdivision, agency or body or instrumentality, corporate or otherwise, authorized by law to exercise the power of eminent domain.

(19)   'Public use' means the standard in the State Constitution by which private property may be condemned by eminent domain.

(20)   'Public works project' means any work or undertaking which is financed in whole or in part by a federal agency or a public body, or is administered or supervised or regulated by a federal agency or a public body."

SECTION   8.   Chapter 2 of Title 28 of the 1976 Code is amended by adding:

"Section 28-2-35.   Notwithstanding another provision of law to the contrary, a public body's acquisition of private property through the exercise of eminent domain or condemnation must comply with the following requirements:

(A)   In any action challenging a public body's right to acquire private property under Section 28-2-470, a public body has the burden of proving, by clear and convincing evidence, each of the following:

(1)   a proposed condemnation is for a public use that is not merely incidental, indirect, pretextual, or speculative; and

(2)   the entity will own, operate, and retain control over the condemned property, except as may be permitted by Article I, Section 13 of the South Carolina Constitution.

(B)   The provisions of this section do not apply to:

(1)   entities granted condemnation powers pursuant to Title 33 or Title 58; or

(2)   determinations pursuant to the provisions of this chapter concerning the value of just compensation."

SECTION   9.   Section 28-2-60 of the 1976 Code is amended to read:

"Section 28-2-60.   A condemnor may commence an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this chapter shall constitute title are the exclusive procedure whereby by which condemnation may be undertaken in this State."

SECTION   10.   Section 28-2-210 of the 1976 Code is amended to read:

"Section 28-2-210.   Any A condemnor may institute an action under pursuant to this chapter for the acquisition of an interest in any real property necessary for any a public purpose use. The provisions of this act title constitute the exclusive procedure whereby by which condemnation may be undertaken in this State."

SECTION   11.   Section 28-2-510 of the 1976 Code is amended by adding at the end:

"(D)   If the power of eminent domain is exercised pursuant to this chapter to acquire blighted property as defined in Section 28-2-30(2A), the property owner or a person having an interest in the property may be represented by counsel of his own selection and, if he prevails, is entitled to recover his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding pursuant to this section."

SECTION   12.   Section 28-3-20 of the 1976 Code are amended to read:

"Section 28-3-20.   All state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as "state authority") which have been, or may be created in the future, to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary, have the right of eminent domain.

(A)   The only state agencies that may exercise directly the right of eminent domain without approval of the State Budget and Control Board are:

(1)   the South Carolina Department of Transportation;

(2)   the South Carolina Public Service Authority;

(3)   the South Carolina State Ports Authority;

(4)   the Department of Commerce; and

(5)   any school district.

(B)   Notwithstanding another provision of law, this statute is intended to be the exclusive procedure governing which state agencies may exercise the right of eminent domain without approval of the State Budget and Control Board."

SECTION   13.   Chapter 3 of Title 28 of the 1976 Code is amended by adding:

"Section 28-3-25.   (A)(1)   A county of this State and any agency or political subdivision of a county must apply to and receive written approval from its county council before exercising the power of eminent domain.

(2)   This subsection does not apply to any school district in this State.

(B)   A municipality of this State and any agency or political subdivision of a municipality must apply to and receive written approval from its town or city council before exercising the power of eminent domain."

SECTION   14.   Section 28-3-30 of the 1976 Code are amended to read:

"Section 28-3-30.   (A)   This section applies when the power of eminent domain is exercised only to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary.

(B)   Any A public body exercising the power of eminent domain for purposes set forth in Section 28-3-20 shall, in subsection (A), in the area determined by the maximum high-water mark resulting from its activity and a line not exceeding one hundred lineal feet beyond such that high-water mark, shall arrange to permit the previous owner of the one hundred foot strip, and his heirs and assigns, to pass over and across the strip which may be that is acquired under pursuant to this section, and any and all lands of the state authority which that are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of the state authority, which. This right must be exercised so that it shall does not interfere with any dams, dikes, structures, and buildings of the state authority or the application and use of the state authority of proper health and sanitation measures, and the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from the strip and lands at all times as may be necessary. The public bodies may also also may acquire by condemnation all water and flowage rights in land in the vicinity of the projects specified in Section 28-3-20 subsection (A) which it may determine to be determines necessary, useful, or convenient, or which might may be damaged by reason of the construction or operation of the projects, and on those lands the public bodies may establish health control measures as may be are necessary."

SECTION   15.   Section 28-11-30 of the 1976 Code is amended to read:

"Section 28-11-30.   To the extent that Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) makes certain requirements pertaining to the acquisition of real property by states prerequisites to federal aid to such states in programs or projects involving the acquisition of real property for public uses, state agencies and instrumentalities and political subdivisions and local government agencies and instrumentalities involved in such programs or projects are empowered to expend available public funds as provided hereafter, whether or not the program or project is federally aided.

(1)   Any person, agency or other entity condemnor acquiring real property for public use in any project or program shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses he necessarily incurred for (a) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (b) penalty costs for prepayment for preexisting recorded mortgage entered into in good faith encumbering such real property; and (c) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency concerned, or the effective date of possession of such real property by such agency, whichever is the earlier.

(2)   Where a condemnation proceeding is instituted by the agency to acquire real property for such use and (i) the final judgment is that the real property cannot be acquired by condemnation or (ii) the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the agency, reimburse such owner for his reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the person, agency or other entity which sought to condemn the property condemnor.

(3)   Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of use of his property in any program or project, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the agency's attorney, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.

(4)   Reestablishment expenses payable pursuant to federal guidelines and regulations to move a small business, farm, or nonprofit organization may be paid in an amount up to fifty thousand dollars or the maximum amount allowed by federal regulations, whichever is greater."

SECTION   16.   Section 31-6-30(1) and (1.5), as last amended by Act 109 of 2005, is further amended to read:

"(1)   "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where:

(a)   if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;

(b)   if vacant, the sound growth is impaired by:

(i)     a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or

(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510.

(1.5)   "Agricultural area" means any unimproved or vacant area formerly developed and used primarily for agricultural purposes within the boundaries of a redevelopment project area located within the territorial limits of the municipality where redevelopment and sound growth is impaired by a combination of three or more of the following factors: obsolete platting of the land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the land; overcrowding of structures and community facilities in neighboring areas adjacent to the land; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater; lack of storm drainage facilities; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of community planning; agricultural foreclosures; and static or declining land values. 'Agricultural property' has the same definition as is provided in Section 12-43-230."

SECTION   17.   Section 31-7-30(1) of the 1976 Code was amended by Act 109 of 2005 and is further amended to read:

"(1)   "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where: if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage, or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or 'Agricultural real property' has the same definition as is provided in Section 12-43-230.

(1A)     Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510."

SECTION   18.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   19.   This act takes effect upon approval by the Governor, and applies to an exercise of eminent domain pending on that date or arising on or after that date, and to any legal action not yet finally adjudicated by a trial court, except that the provisions of Section 28-1-40, as contained in SECTION 5, take effect July 1, 2006, and apply to any exercise of eminent domain in this State where the date of taking is on or after July 1, 2006. For purposes of this section, "date of taking" means the date when the condemnor files the formal condemnation notice with the clerk of court.     /

Amend title to conform.

/s/Sen. C.K. "Greg" Gregory       /s/Rep. James H. Harrison
/s/Sen. Vincent A. Sheheen           Rep. Tracy R. Edge
/s/Sen. G.E. "Chip" Campsen       /s/Rep. Creighton B. Coleman
On Part of the Senate.                 On Part of the House.

, and a message was sent to the House accordingly.

At 6:08 P.M., the President assumed the chair.

S. 1475 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION THANKING THE CENTRAL POLICE DEPARTMENT, CHIEF JOE GIBBS, WITH ASSISTANCE FROM THE PICKENS COUNTY SHERIFFS DEPARTMENT, SHERIFF C. DAVID STONE, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, THE 13TH JUDICIAL CIRCUIT SOLICITOR'S OFFICE, THE JEFFERSON COUNTY, TENNESSEE POLICE DEPARTMENT, AND THE NUMEROUS OTHER LAW ENFORCEMENT AGENCIES FOR THEIR DEDICATION AND CONTINUED, LABORIOUS EFFORTS IN TRACKING AND APPREHENDING A SUSPECT IN THE MURDER OF CLEMSON UNIVERSITY STUDENT TIFFANY MARIE SOUERS.

Returned with concurrence.

Received as information.

S. 1476 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE ABBEVILLE AREA MEDICAL CENTER UPON THE OPENING OF THE NEW HOSPITAL ON AUGUST 1, 2006, AND TO COMMEND ABBEVILLE COUNTY FOR RECOGNIZING AND SERVING THE COMMUNITY'S HEALTH CARE NEEDS.

Returned with concurrence.

Received as information.

S. 1477 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DEACON WILLIAM CARTER, JR. OF CHARLESTON COUNTY, PRESIDENT OF THE NATIONAL BAPTIST DEACON'S CONVENTION OF AMERICA, INC., FOR HIS MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THIS NATION, AS HE PRESIDES OVER THE 72ND SESSION OF THE NATIONAL BAPTIST DEACON'S CONVENTION WHICH WILL BE HELD IN THE CITY OF CHARLESTON JULY 16-21, 2006.

Returned with concurrence.

Received as information.

H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A RESIDENT OF RICHLAND COUNTY WHO OWNS A GOLF CART THAT MAY BE OPERATED ALONG CERTAIN SECONDARY HIGHWAYS OR STREETS, MAY OPERATE IT ALONG CERTAIN HIGHWAYS AND STREETS WITHIN RICHLAND COUNTY WITHIN A FIVE-MILE RADIUS OF HIS RESIDENCE OR PLACE OF BUSINESS, MAY OPERATE THE GOLF CART ALONG A PRIMARY HIGHWAY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.

Senator PATTERSON asked unanimous consent to move the Bill to the Local Calendar, give the Bill a third reading and return the Bill to the House with amendments.

There was no objection.

Senator PATTERSON 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 third reading of the Bill.

The Bill was read the third time and returned to the House.

Columbia, S.C., June 14, 2006

Mr. President and Senators:

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

H. 5217 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE THAT A RESIDENT OF RICHLAND COUNTY WHO OWNS A GOLF CART THAT MAY BE OPERATED ALONG CERTAIN SECONDARY HIGHWAYS OR STREETS, MAY OPERATE IT ALONG CERTAIN HIGHWAYS AND STREETS WITHIN RICHLAND COUNTY WITHIN A FIVE-MILE RADIUS OF HIS RESIDENCE OR PLACE OF BUSINESS, MAY OPERATE THE GOLF CART ALONG A PRIMARY HIGHWAY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.

and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

S. 1437 (Word version) -- Senators Setzler, Knotts and Courson: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMITATION ON THE NUMBER OF TERMS MEMBERS OF THE COMMISSION MAY SERVE; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO REVISE THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator KNOTTS proposed the following amendment (1437R001.NGS), which was adopted:

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

/     SECTION   1.   Section 55-11-320 of the 1976 Code, as last amended by Act 326 of 2002, is further amended to read:

"Section 55-11-320.   The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of twelve members to be appointed by the Governor as follows: five members must be appointed upon the recommendation of a majority of the Lexington County Legislative Delegation, five members must be appointed upon the recommendation of a majority of the Richland County Legislative Delegation, and two members must be appointed upon the recommendation of the City Council of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed and qualify. Members may not serve more than two consecutive terms. A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms. In the event of If a vacancy for any reason, other than the expiration of a term, a successor must be appointed in the same manner of the original appointment for the balance of the unexpired term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Notwithstanding the expiration of the term of office of any member, he shall continue to serve until his successor shall have been recommended, appointed, and qualified, but any delay in appointing a successor shall not extend the term of such successor. The members of the commission shall serve without compensation, except for their actual and necessary expenses while in performance of duties prescribed under this article."

SECTION   2.   Section 55-11-330 of the 1976 Code is amended to read:

"Section 55-11-330.   The commission shall appoint one of its members as chairman, one of its members as vice-chairman vice chairman, and one of its members, or any other competent person, as secretary of the commission. The chairman of the commission shall serve for a term of two years and until his successor is appointed and qualified. The vice-chairman vice chairman shall likewise serve for a term of two years and until his successor is appointed and qualified. The office of chairman of the commission shall be rotated among the representatives of the three constituent appointing public bodies, so that a representative appointed by each constituent agency shall hold office as chairman for a term of two years, and the first chairman so appointed and serving shall then be succeeded by a representative appointed by a second of the two remaining constituent appointing bodies. Upon the expiration of the second two-year term, a representative of the third appointing body shall be elected as chairman to hold office for a term of two years. The pattern of rotation as thus established shall continue in order that no representative of any of the three constituent appointing bodies shall hold office for a full two-year term unless two full intervening terms shall have expired; provided that upon expiration of the term of the chairman serving in office on July 1, 2006, the chairmanship shall be rotated in the following manner: initially, the chairman must be selected from the members appointed upon the recommendation of the Lexington County Legislative Delegation for two two-year terms, the next chairman must be selected from the members appointed upon the recommendation of the Richland County Legislative Delegation for two two-year terms, and then the next chairman must be selected from the members appointed upon the recommendation of the City Council of the City of Columbia for one two-year term. The chairmanship then shall continue to rotate in the manner provided in this section. In the event that If the office of chairman shall become vacant, the duties of the chairman shall be temporarily performed by the vice-chairman vice chairman, but a successor shall be appointed as expeditiously as possible from the members representing the same constituent public body as did the former chairman who shall have failed to complete his term. Insofar as is practicable, the same scheme of rotation shall be applied to the office of vice-chairman vice chairman, but the practice of rotating the office of vice-chairman vice chairman may be dispensed with, in the event that the commission, by a two-thirds vote, shall find that the rotation of office is impracticable. Office on the commission shall be deemed an office of honor within the meaning of the provision of Section 1A of Article 17 of the Constitution of South Carolina. The secretary of the commission shall have such term as shall be fixed by the commission."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 14, 2006, at 6:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R451, S. 613 (Word version)) -- Senators Fair and Hutto: AN ACT TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE TYPE OF VEHICLES THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES; TO AMEND SECTION 56-3-8000, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8100, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO REVISE THE PRODUCTION AND DISTRIBUTION PROCEDURE; TO AMEND SECTION 56-3-8200, RELATING TO THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-8300, RELATING TO HE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND ITS DISTRIBUTION; TO AMEND SECTION 56-3-5400, RELATING TO THE ISSUANCE OF FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO SPECIFY WHICH INDIVIDUALS MAY OBTAIN AND DISPLAY THIS SPECIAL LICENSE PLATES AND TO PROVIDE A PENALTY; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 57, 59, 63, 64, 65, 66, 67, 68, 69, AND 75, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES", "UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES", "SUPPORT OUR TROOPS SPECIAL LICENSE PLATES", "EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES", "BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES", "NATIVE AMERICAN SPECIAL LICENSE PLATES", "SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES", "KOREAN WAR VETERANS SPECIAL LICENSE PLATES", "CANCER RESEARCH CENTERS OF THE CAROLINA SPECIAL LICENSE PLATES", AND SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES".
L:\COUNCIL\ACTS\613CM06.DOC

(R452, S. 1029 (Word version)) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN; AND TO PROVIDE FOR ITS MEMBERSHIP AND FOR ITS REPORT TO THE GENERAL ASSEMBLY OF ITS FINDINGS AND RECOMMENDATIONS.
L:\COUNCIL\ACTS\1029MM06.DOC

(R453, S. 1031 (Word version)) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND PROPOSING AMENDMENTS TO ARTICLE I, SECTION 17, AND ARTICLE XIV, SECTION 5, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.
L:\COUNCIL\ACTS\1031MM06.DOC

(R454, H. 3882 (Word version)) -- Reps. Harrell and Clark: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
L:\COUNCIL\ACTS\3882CM06.DOC

(R455, H. 4735 (Word version)) -- Reps. Harrison and Jennings: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATIONS FOR DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO THIRTY DAYS THE TIME WITHIN WHICH THE EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE EXAMINING ENTITY TO APPLY TO THE COURT FOR AN EXTENSION OF UP TO FIFTEEN DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A DESIGNATED EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT THE REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND TO AUTHORIZE THE COURT TO CONTINUE THE PERSON IN DETENTION IF THE PERSON IS ALREADY DETAINED OR TO REMAIN ON BOND IF ALREADY ON BOND.
L:\COUNCIL\ACTS\4735AC06.DOC

(R456, H. 5217 (Word version)) -- Rep. Rutherford: AN ACT TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
L:\COUNCIL\ACTS\5217CM06.DOC

Having received a favorable report from the Abbeville County Delegation, the following appointment was confirmed in open session:

Reappointment, Abbeville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Carolyn W. Brownlee, 417 Hanover Road, Abbeville, S.C. 29620

Having received a favorable report from the Beaufort County Delegation, the following appointments were confirmed in open session:

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joseph N. Kline, 42 Kline Circle, Seabrook, S.C. 29940

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Rita Ann Simmons, P. O. Box 22083, Hilton Head, S.C. 29925

Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Jeffery A. Constant, 131 Creek Road East, Greenwood, S.C. 29646

Having received a favorable report from the Lancaster County Delegation, the following appointments were confirmed in open session:

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Debra C. Dawkins, 304 Dixon Rd., Lancaster, S.C. 29720

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Jacqueline M. Pope, P. O. Box 66, Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Van K. Richardson, P. O. Box 65, Kershaw, S.C. 29067

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lee R. Deese, 3301 Lee Deese Road, Kershaw, S.C. 29067

Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Charles William Jones, 1502 Shadicrest Terrace, Spartanburg, S.C. 29301 VICE Johnny L. Cash

The PRESIDENT appointed Senators McCONNELL, LEATHERMAN and REESE to a committee on the part of the Senate to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

The PRESIDENT appointed Senators JACKSON, KNOTTS and COURSON to a committee on the part of the Senate to inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.

Representatives Harrison, Merrill and Coleman appeared in the Chamber to inform the Senate that the House of Representatives had completed its business and was ready to adjourn Sine Die.

On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Dial Price Rawl of Gilbert, S.C.

At 6:27 P.M., on motion of Senator McCONNELL, the Senate adjourned Sine Die.

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