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
(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,
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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,
(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
(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
(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
(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
(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
(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
(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
(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
(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
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
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
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
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:
AYES
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
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:
AYES
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
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
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:
AYES
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,
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
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:
AYES
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
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
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
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
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
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:
AYES
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
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
(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,
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
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
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
"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
"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
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
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
"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
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
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:
AYES
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:
AYES
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
NAYS
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:
AYES
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
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:
AYES
Anderson Drummond Ford Gregory Hayes Hutto Leatherman Leventis Lourie Matthews McGill Moore Patterson Pinckney Reese Setzler Short Thomas Williams
NAYS
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
(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
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:
AYES
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
NAYS
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
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:
AYES
Alexander Anderson Bryant Drummond Fair Ford Gregory Grooms Hayes Hutto Knotts Lourie Malloy Matthews McGill Mescher O'Dell Reese Sheheen Short Verdin Williams
NAYS
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:
AYES
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
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
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:
AYES
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
NAYS
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,
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:
AYES
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
NAYS
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
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
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
(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
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
(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
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:
AYES
Anderson Cleary Drummond Ford Hayes Hutto Jackson Knotts Leventis Lourie Malloy Matthews McGill Mescher Patterson Pinckney Rankin * Reese Ritchie Scott Setzler Short Thomas Williams
NAYS
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:
AYES
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
NAYS
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:
AYES
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
NAYS
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",
(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 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:
AYES
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:
AYES
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:
AYES
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:
AYES
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:
AYES
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:
AYES
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
NAYS
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:
AYES
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
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
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
(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
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
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
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
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
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
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
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
(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
(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
(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,
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
(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
(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
(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
(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
(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
(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
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
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
(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.
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(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
(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.
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(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
(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.
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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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