Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 58:11: "The Lord will guide you always; He will satisfy your needs..."
Let us pray. God of all people, break into our busy lives and help us never to forget why we are here. Being overly busy can sometimes keep us from the work we have been elected to do. We forget the needs of others. Give us Your guidance, wisdom, and strength to do the work of the people. Enter our lives this day and be our helper in time of need. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BREELAND moved that when the House adjourns, it adjourn in memory of former Representative Joseph R. Murray, Sr., of Charleston, which was agreed to.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3510 (Word version) -- Reps. Vick, M. A. Pitts and Lowe: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 348 (Word version) -- Senators Hutto and Land: A BILL 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 REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, 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.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 597 (Word version) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: A BILL TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 613 (Word version) -- Senators Grooms, Verdin, Leventis and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 625 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO INTRASTATE MOVEMENT OF CERTAIN ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3975 (Word version) -- Rep. Delleney: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.
Referred to Committee on Ways and Means
H. 3976 (Word version) -- Rep. Ott: A BILL TO ABOLISH THE CALHOUN COUNTY BOARD OF VOTER REGISTRATION AND THE CALHOUN COUNTY ELECTION COMMISSION AND TO CREATE THE CALHOUN COUNTY BOARD OF ELECTIONS AND REGISTRATION.
On motion of Rep. OTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3977 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB FUND, SO AS TO DELETE THE REQUIREMENT THAT THE UNDERGROUND STORAGE TANK REGISTRATION AND ANNUAL RENEWAL FEE BE ONE HUNDRED DOLLARS; AND TO AMEND SECTION 44-2-60, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND CERTAIN FEES, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AMONG OTHER THINGS.
Without Reference
H. 3978 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO AMEND THE DEFINITION OF "PROOF OF FINANCIAL RESPONSIBILITY", TO DELETE A SPECIFIC MONETARY DAMAGE AMOUNT AND INSTEAD REFER TO A GENERAL POLICY REQUIREMENT; TO AMEND SECTION 56-9-353, RELATING TO A TYPE AND TERM OF A POLICY OR BOND, SO AS TO DELETE A SPECIFIC MONETARY AMOUNT AND INSTEAD REFER TO A GENERAL POLICY REQUIREMENT; AND TO AMEND SECTION 56-9-480, RELATING TO THE SATISFACTION OF JUDGMENTS, SO AS TO DELETE REFERENCE TO A SPECIFIC MONETARY AMOUNT AND INSTEAD REFER TO A GENERAL POLICY PROVISION.
Referred to Committee on Labor, Commerce and Industry
H. 3979 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-621 SO AS TO PROVIDE A BIENNIAL REGISTRATION FEE FOR A MOTOR HOME; AND TO AMEND SECTION 56-3-20, RELATING TO CERTAIN DEFINITIONS CONCERNING MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO DEFINE A MOTOR HOME.
Referred to Committee on Education and Public Works
H. 3980 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLE", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUANCE OF A REPORT OF CONVICTIONS THAT OCCUR IN THE STATE OF PERSONS FROM OTHER STATES TO THE PERSONS' HOME STATE, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO PERSONS FROM CANADA AND MEXICO; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO REVISE THE DEFINITION OF THIS TERM; TO AMEND SECTION 56-1-790, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER JURISDICTIONS FOR THE PURPOSE OF REPORTING CONVICTIONS IN ONE JURISDICTION BY A PERSON HOLDING A DRIVER'S LICENSE IN ANOTHER STATE, SO AS TO PROVIDE THAT WHEN A RESIDENT OF THIS STATE HAS BEEN CONVICTED OF A MOTOR VEHICLE VIOLATION IN ANOTHER STATE FOR WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS STATE, THE CONVICTION MUST BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS RELATING TO A COMMERCIAL DRIVER'S LICENSE, SO AS TO DELETE THE TERM "CONVICTION" AND ITS DEFINITION; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, ALL RELATING TO DEFINITIONS OF CERTAIN TERMS RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE.
Referred to Committee on Judiciary
H. 3981 (Word version) -- Rep. Walker: A BILL TO AMEND SECTIONS 31-17-530, 56-15-570, 56-16-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS FOR AN APPLICANT FOR LICENSURE AS A TRAVEL TRAILER DEALER, A WHOLESALE MOTOR VEHICLE AUCTION, AND A MOTORCYCLE DEALER OR WHOLESALER, SO AS TO INCREASE THE SURETY BOND AMOUNT TO THIRTY THOUSAND DOLLARS FOR EACH OF THESE APPLICANTS.
Referred to Committee on Labor, Commerce and Industry
H. 3982 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BASIC AND CLASSIFIED DRIVERS' LICENSES ALLOWING A LICENSEE TO OPERATE A MOTORCYCLE AND CERTAIN SPECIFIED MOTOR VEHICLES WHICH DO NOT EXCEED TWENTY-SIX THOUSAND POUNDS GROSS VEHICLE WEIGHT, SO AS TO CLARIFY THE TERM "GROSS VEHICLE WEIGHT"; TO AMEND SECTIONS 56-3-2540, 56-3-3500, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4600, 56-3-7300, 56-3-7750, 56-3-7780, AS AMENDED, 56-3-7910, 56-3-8000, AS AMENDED, 56-3-8600, 56-3-8710, 56-3-9000, 56-3-9100, 56-3-9400, 56-3-9500, 56-3-9600, AS AMENDED, AND SECTION 56-3-9910, RELATING TO "CONSERVE SOUTH CAROLINA" LICENSE PLATES, "PENN CENTER" LICENSE PLATES, "SOUTH CAROLINA ELKS ASSOCIATION" LICENSE PLATES, "CAROLINA PANTHERS" LICENSE PLATES, "SHARE THE ROAD" LICENSE PLATES, "HOMEOWNERSHIP: THE AMERICAN DREAM" LICENSE PLATES, "SALTWATER FISHING" LICENSE PLATES, FRATERNITY AND SORORITY LICENSE PLATES, "VIETNAM VETERANS" LICENSE PLATES, "H. L. HUNLEY SUBMARINE" LICENSE PLATES, TAX EXEMPT ORGANIZATIONS LICENSE PLATES, "DUCKS UNLIMITED" LICENSE PLATES, "NASCAR" LICENSE PLATES, "SERTOMA INTERNATIONAL" LICENSE PLATES, "SOUTH CAROLINA TECHNOLOGY ALLIANCE" LICENSE PLATES, "MORRIS ISLAND LIGHTHOUSE" LICENSE PLATES, "GOD BLESS AMERICA" LICENSE PLATES, "NO MORE HOMELESS PETS" LICENSE PLATES, AND "GOLD STAR FAMILY" LICENSE PLATES, SO AS TO PROVIDE THAT EACH OF THESE LICENSE PLATES MAY BE ISSUED TO OWNERS OF ANY VEHICLE CLASSIFIED AS A PASSENGER MOTOR VEHICLE.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 25.
Paul Agnew Karl Allen Bill Cotty Chip Huggins James Lucas G. Murrell Smith Ralph Davenport Todd Rutherford David Mack Jerry Govan Kenneth Kennedy Thad Viers
Announcement was made that Dr. Thomas Gibbons of Columbia was the Doctor of the Day for the General Assembly.
Reps. KNIGHT, HARRELL, YOUNG and CHELLIS presented to the House the Pinewood Preparatory School Girls Varsity Swim Team, the 2006 South Carolina Independent School Association AAA Champions, their coaches and other school officials.
Reps. KNIGHT, HARRELL, YOUNG and CHELLIS presented to the House the Pinewood Preparatory School Boys Varsity Basketball Team, the 2006-2007 South Carolina Independent School Association AAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3006 (Word version)
Date: ADD:
04/25/07 STAVRINAKIS
Bill Number: H. 3138 (Word version)
Date: ADD:
04/25/07 BEDINGFIELD
Bill Number: H. 3172 (Word version)
Date: ADD:
04/25/07 WHIPPER
Bill Number: H. 3615 (Word version)
Date: ADD:
04/25/07 HAGOOD
Bill Number: H. 3006 (Word version)
Date: ADD:
04/25/07 HARRISON
Bill Number: H. 3774 (Word version)
Date: ADD:
04/25/07 MAHAFFEY
Bill Number: H. 3824 (Word version)
Date: ADD:
04/25/07 VIERS
Bill Number: H. 3572 (Word version)
Date: ADD:
04/25/07 WHIPPER
Bill Number: H. 3572 (Word version)
Date: ADD:
04/25/07 COTTY
Bill Number: H. 3781 (Word version)
Date: ADD:
04/25/07 COTTY
Bill Number: H. 3888 (Word version)
Date: ADD:
04/25/07 COTTY
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3923 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD AT THE TIME OF THE GENERAL ELECTION INSTEAD OF THE SECOND TUESDAY OF MARCH, IN APPROPRIATE YEARS, BEGINNING IN 2010 AND 2012.
H. 3818 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E. H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M. A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
H. 3828 (Word version) -- Reps. Cato, Loftis, Alexander, Duncan, Perry, Scott, Talley, Bales, Haskins, Witherspoon, Huggins, Bedingfield, Harrison, G. R. Smith, Bannister, Barfield, Battle, Branham, Chellis, Clemmons, Cooper, Crawford, Edge, Gambrell, Hardwick, Hayes, Jennings, Leach, Limehouse, Lowe, Mahaffey, Mitchell, Ott, Pinson, Rice, Sandifer, Scarborough, W. D. Smith, Taylor, Thompson, Vick, Viers, Walker and White: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 8, 2008, AT WHICH TIME IT IS DISSOLVED.
H. 3722 (Word version) -- Reps. Scott, Govan, Rutherford, Whipper, Brantley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Breeland, G. Brown, R. Brown, Clyburn, Cobb-Hunter, Funderburk, Hart, Harvin, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Knight, Mack, McLeod, Miller, Mitchell, J. H. Neal, Ott, Parks, Sellers, Vick, Weeks and Williams: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO, AMONG OTHER THINGS, ESTABLISH A STATE POLICY TO ENCOURAGE THE DEVELOPMENT AND PROMOTE THE ACCOUNTABILITY OF PROFESSIONAL ENGINEERS; TO PROVIDE STAGGERED TERMS FOR MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REVISE THE CAP ON CIVIL FINES; TO AUTHORIZE THE BOARD TO WAIVE STATE LICENSING AND CREDENTIALING REQUIREMENTS DURING A STATE OF DECLARED PUBLIC EMERGENCY; TO PROVIDE FOR THE LICENSURE AND REGULATION OF SURVEYORS, RATHER THAN LAND SURVEYORS; TO ELIMINATE CATEGORY A ENGINEER LICENSURE AND TO PROVIDE THAT CATEGORY B ENGINEERS MAY CONTINUE TO PRACTICE UNTIL JULY 1, 2020, AT WHICH TIME CATEGORY B ENGINEERING CEASES TO EXIST; TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE AS AN ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING; AND TO DELETE OBSOLETE PROVISIONS.
H. 3372 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-3312 SO AS TO PROVIDE THAT PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING INVOLVING THE SOUTH CAROLINA REVENUE PROCEDURES ACT ARE OPEN TO THE PUBLIC; TO AMEND SECTION 6-34-40, RELATING TO TAX CREDITS FOR RETAIL FACILITIES REVITALIZATION, SO AS TO MAKE A TECHNICAL CHANGE AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY PROMULGATE REGULATIONS IN CONNECTION WITH THESE CREDITS, BUT IS NOT REQUIRED TO; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITION OF "PERSON" FOR PURPOSES OF ADMINISTRATION OF TAXES BY THE DEPARTMENT OF REVENUE, SO AS TO ADD A DEFINITION FOR "INDIVIDUAL"; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICABILITY OF THE INTERNAL REVENUE CODE TO THIS STATE, SO AS TO PROVIDE FOR A TAXPAYER FILING A STATE RETURN WITH AN APPROVAL FROM THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CORRECT A CROSS REFERENCE AND TO FURTHER PROVIDE FOR AN ELECTION BY A TAXPAYER OWNING AN INTEREST IN A PASS-THROUGH BUSINESS FOR WHICH A PORTION OF THE ACTIVE INCOME IS RELATED TO HIS PERSONAL SERVICES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL SO AS TO PROVIDE FOR CERTIFICATION FROM A SUPERVISOR OF THE TAXPAYER CLAIMING THE DEDUCTION; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT CROSS REFERENCES AND TO FURTHER PROVIDE FOR DESIGNATION OF THE CORPORATE HEADQUARTERS OF A GENERAL CONTRACTOR LICENSED IN THIS STATE; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO CREDIT AGAINST THE STATE INCOME TAX FOR REHABILITATION OF A CERTIFIED HISTORIC STRUCTURE, SO AS TO PROVIDE FOR THE FILING OF THE CERTIFICATION BY THE TAXPAYER WITH A TAX RETURN; TO AMEND SECTION 12-6-3585, RELATING TO THE TAX CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND, SO AS TO SUBSTITUTE THE WORD "SINGLE" FOR "INDIVIDUAL" WHEN DESCRIBING THE TAXPAYER AND TO PROVIDE FOR AVAILABILITY OF THE QUALIFYING FORM TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-3587, RELATING TO A TAX CREDIT FOR INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM SO AS TO SPECIFY THAT THE INSTALLATION MUST BE DONE IN A BUILDING IN THIS STATE; TO AMEND SECTION 12-6-4980, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS, SO AS TO PROVIDE FOR AN EXTENSION NOT TO EXCEED SIX MONTHS, TO DELETE THE REQUIREMENT THAT THE EXTENSION BE ALLOWED FOR GOOD CAUSE, AND TO DISALLOW ANOTHER EXTENSION FOR A TAXPAYER WHO FAILS TO MEET THE REQUIREMENT OF THE PREVIOUS EXTENSION; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING FROM A NONRESIDENT SELLER, SO AS TO PROVIDE FOR THE REMITTANCE OF WITHHELD AMOUNTS BY A LENDING INSTITUTION, REAL ESTATE AGENT, OR CLOSING ATTORNEY; TO AMEND SECTION 12-8-590, RELATING TO WITHHOLDING INCOME TAX FROM A NONRESIDENT DISTRIBUTEE SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-8-1520, AS AMENDED, RELATING TO DUTIES OF AN INCOME TAX WITHHOLDING AGENT TO DEPOSIT AND PAY WITHHOLDINGS, SO AS TO PROVIDE FOR RETURN AND REMITTANCE ON AN ANNUAL BASIS BY AN AGENT NOT REQUIRED TO WITHHOLD MORE THAN ONE THOUSAND DOLLARS IN A CALENDAR YEAR; TO AMEND SECTION 12-8-2020, RELATING TO REFUND OR CREDIT FOR OVERPAYMENT OF WITHHELD TAX, SO AS TO DELETE THE REQUIREMENT THAT THE WITHHOLDING AGENT FURNISH EVIDENCE AND TO DELETE TIME AND DOLLAR AMOUNT LIMITATIONS; TO AMEND SECTION 12-20-90, AS AMENDED, RELATING TO LICENSE FEES FOR HOLDING COMPANIES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-23-20, AS AMENDED, RELATING TO EXEMPTION FROM THE BUSINESS LICENSE TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND SECTION 12-36-2510, AS AMENDED, RELATING TO A CERTIFICATE ALLOWING A TAXPAYER TO BUY TANGIBLE PERSONAL PROPERTY TAX FREE AND THE PURCHASER TO BE LIABLE FOR TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-37-270, AS AMENDED, RELATING TO CREDITS TO THE TRUST FUND FOR TAX RELIEF IN AN AMOUNT SUFFICIENT TO PAY REIMBURSEMENT, SO AS TO PERMIT, BUT NOT REQUIRE, THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS IN THAT CONNECTION; TO AMEND SECTION 12-54-44, AS AMENDED, RELATING TO CRIMINAL PENALTIES IN CONNECTION WITH FILING A RETURN OR STATEMENT, SO AS TO PROVIDE FOR THE FELONY OF SUBMITTING A FALSE OR FRAUDULENT W-2 FORM AND TO PROVIDE PENALTIES; TO AMEND SECTION 12-54-70, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS OR PAYING TAX, SO AS TO PROVIDE FOR AN EXTENSION OF TIME NOT TO EXCEED SIX MONTHS AND TO DELETE THE REQUIREMENT THAT GOOD CAUSE BE SHOWN; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENTS, SO AS TO PROVIDE FOR THE TOTAL OF ALL TAXES REQUIRED TO BE SHOWN ON A RETURN IN CONNECTION WITH DETERMINATION OF AN UNDERSTATEMENT OF TAXES, TO PROVIDE FOR TIME LIMITS FOR ASSESSMENT OF USE TAXES, AND TO PROVIDE THAT THE TIME LIMITATIONS DO NOT APPLY TO SUCCESSOR LIABILITY STATUTES; TO AMEND SECTION 12-54-155, AS AMENDED, RELATING TO PENALTIES FOR UNDERSTATEMENT OF TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR DISCLOSURE OF THE TAXPAYER'S ADDRESS AS SHOWN ON THE RETURN, TO OMIT A CROSS REFERENCE, AND TO ALLOW THE DISCLOSURE OF INFORMATION IN CONNECTION WITH PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING OF THE ADMINISTRATIVE LAW COURT PURSUANT TO THE SOUTH CAROLINA REVENUE PROCEDURES ACT; TO AMEND SECTION 12-60-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT IN CONNECTION WITH THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO INCLUDE DISPUTES CONCERNING PROPERTY TAXES; TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO THE ADMINISTRATIVE TAX PROCESS, SO AS TO CORRECT A CROSS REFERENCE; TO REPEAL SECTION 12-58-90 RELATING TO NOTICE TO TAXPAYER OF A HEARING IN CONNECTION WITH THE TAXPAYERS' BILL OF RIGHTS AND ACT 370 OF 2002 RELATING TO THE NURSING HOME FRANCHISE FEE; TO AMEND SECTION 6-1-32, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REFUNDS OF VEHICLE REGISTRATION FEES AND PERSONAL PROPERTY TAXES ON SUCH VEHICLES WHEN A TITLE IS TRANSFERRED OR THE VEHICLE OWNER REGISTERS THE VEHICLE IN ANOTHER STATE, SO AS TO PROVIDE AN ADDITIONAL METHOD OF PROOF FOR OBTAINING THE REFUND OF PERSONAL PROPERTY TAXES ON A VEHICLE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE ASSESSOR DETERMINES NECESSARY AND TO REVISE THE PENALTY FOR TIMELY FAILURE TO NOTIFY THE ASSESSOR WHEN REAL PROPERTY NO LONGER QUALIFIES FOR THIS SPECIAL ASSESSMENT RATIO; TO AMEND SECTION 12-51-50, AS AMENDED, AND SECTION 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO REPLACE THE REFERENCE TO LEGAL SALES DATE WITH THE ADVERTISED DATE FOR THE SALE AND INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE MAXIMUM PENALTY FOR DEFAULTING ON A TAX SALE BID; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE OFFENSE OF DISCLOSURE OF TAX INFORMATION, SO AS TO REVISE AN EXEMPTION TO THIS OFFENSE; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
H. 3568 (Word version) -- Reps. Thompson and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR AGRICULTURAL REAL PROPERTY THAT DOES NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF THE PROPERTY TAX.
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
H. 3045 (Word version) -- Reps. Cooper, Cobb-Hunter, Umphlett, Mahaffey, Sandifer, G. R. Smith, Hamilton, Davenport, Mitchell, Miller, Battle, Thompson, J. R. Smith, J. H. Neal, M. A. Pitts, Cotty, Ballentine, Haley, Ceips, Funderburk, Brady, White, Kirsh, Jefferson, Vick, McLeod, Harrell, Littlejohn, Lucas, Branham, Delleney, Bowen, Gambrell, Gullick and Sellers: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2007 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS AND TO PROVIDE THAT THE GRANTS MUST BE ADMINISTERED BY THE SOUTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION IN CONJUNCTION WITH A PEER REVIEW PANEL.
H. 3495 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 8-11-160 AND 8-11-165, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO INCLUDE TECHNICAL COLLEGE PRESIDENTS AS OFFICIALS TO WHICH THESE PROVISIONS APPLY.
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
H. 3713 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-735 SO AS TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM OF THE BUDGET AND CONTROL BOARD IS DIRECTED TO DEVELOP, FOR EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THE HEALTH PLANS OFFERED BY THE EMPLOYEE INSURANCE PROGRAM, AN INCENTIVE PLAN IN ORDER TO ENCOURAGE PARTICIPATION IN PROGRAMS THAT PROMOTE HEALTH AND PREVENTION OF DISEASE, AND TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM, UPON APPROVAL OF THE BUDGET AND CONTROL BOARD, IS FURTHER DIRECTED TO IMPLEMENT A PREMIUM REDUCTION OR OTHER FINANCIAL INCENTIVE, BEGINNING ON JANUARY 1, 2008, FOR THOSE EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THESE PROGRAMS.
H. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J. R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A TAXPAYER EMPLOYING AN APPRENTICE IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
H. 3659 (Word version) -- Reps. Kirsh, Simrill, Owens, Scott and McLeod: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE THAT A STATE AGENCY OR LOCAL ENTITY THAT DOES NOT RECEIVE THE SAME AMOUNT OF REVENUE FROM THE EXCISE TAX AS IT DID FROM THE MINIBOTTLE TAX IN FISCAL YEAR 2004-2005, IT IS TO RECEIVE THE DIFFERENCE FROM THE GENERAL FUND WITHIN THIRTY DAYS AFTER THE CLOSE OF EACH QUARTER IN A CALENDAR YEAR.
H. 3233 (Word version) -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.
H. 3015 (Word version) -- Reps. W. D. Smith and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 28-2-520 SO AS TO PROVIDE THE OPTION OF A PROPERTY TAX CREDIT OR STATE INCOME TAX CREDIT, INSTEAD OF JUST COMPENSATION, FOR THE VALUE OF PROPERTY THAT IS SUBJECT TO A CONDEMNATION ACTION TO A LANDOWNER THAT GRANTS PROPERTY TO A CONDEMNOR FOR THE PURPOSE OF BUILDING A SIDEWALK OR BICYCLE PATH.
H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E. H. Pitts, G. R. Smith, Williams and Bales: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
H. 3765 (Word version) -- Reps. Edge, Merrill, Witherspoon, Hardwick, Ceips, Duncan, Herbkersman, Spires, Taylor, Viers, Chalk, Clemmons, Barfield, Loftis, Scarborough, Hagood, Stavrinakis and Limehouse: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX ON BOATS WITH SITUS IN SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE TO BE SUBJECT TO THE PROPERTY TAX FROM THIRTY DAYS TO NINETY DAYS, AND TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS NOT USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE FROM SIXTY CONSECUTIVE DAYS TO ONE HUNDRED TWENTY CONSECUTIVE DAYS.
H. 3024 (Word version) -- Reps. Rice, Harrison, E. H. Pitts, G. R. Smith, Shoopman, Kirsh, Cotty, Ballentine, Whipper, Mulvaney, Thompson, Scarborough, Hagood and Bedingfield: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
H. 3631 (Word version) -- Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson: A BILL TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 BY ENDORSEMENT REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE AND TO CLARIFY THAT CERTAIN REQUIREMENTS APPLY TO LICENSURE TO PRACTICE 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 OF ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS AND TO LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.
H. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
H. 3629 (Word version) -- Reps. Sandifer, Parks, Breeland, Cobb-Hunter and Harrison: A BILL TO AMEND SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATING REGULATIONS OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO INCREASE THE MINIMUM FINE TO ONE THOUSAND DOLLARS AND TO INCREASE THE MAXIMUM FINE TO FIVE THOUSAND DOLLARS.
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
H. 3346 (Word version) -- Reps. R. Brown, Scarborough, Hodges, Whipper, Govan, Ceips, Jefferson, Brantley, Breeland, Hosey, Kennedy, Mack, Stavrinakis, Weeks, Williams, Agnew, Jennings, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43 OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A CEMETERY OR GRAVES ARE LOCATED MUST ALLOW INGRESS AND EGRESS TO THE CEMETERY BY FAMILIES OF PERSONS BURIED THERE, PLOT OWNERS, AND PERSONS CONDUCTING GENEALOGY; TO AUTHORIZE THE PROPERTY OWNER TO DESIGNATE TIMES AND FREQUENCY OF ACCESS; TO PROVIDE THAT THE PROPERTY OWNER IS IMMUNE FROM LIABILITY IN ANY ACTION ARISING OUT OF GRANTING SUCH ACCESS; TO ESTABLISH A CAUSE OF ACTION FOR DENIAL OF REASONABLE ACCESS; AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO A DEED THAT CREATES OR RESERVES A CEMETERY ON PRIVATE PROPERTY; AND TO DESIGNATE SECTIONS 27-43-10 THROUGH 27-43-40 AS ARTICLE 1 OF CHAPTER 43, TITLE 27, ENTITLED "REMOVAL OF ABANDONED CEMETERIES" AND TO REENTITLE CHAPTER 43, TITLE 27 AS "CEMETERIES".
H. 3511 (Word version) -- Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M. A. Pitts and Viers: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS, SO AS TO PROVIDE THAT AN OFFICER IN THE MILITIA, A NOTARY PUBLIC, A DELEGATE TO A CONSTITUTIONAL CONVENTION, A LAW ENFORCEMENT OFFICER WHO HOLDS A LOCAL OFFICE AND A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE ARE NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
H. 3197 (Word version) -- Reps. Herbkersman and Talley: A BILL TO AMEND SECTION 7-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN SOUTH CAROLINA ELECTION LAW, SO AS TO DELETE THE DEFINITION "CLUB DISTRICT"; TO AMEND SECTION 7-5-460, RELATING TO CUSTODY OF BOOKS AND THEIR RETURN AFTER AN ELECTION, SO AS TO DELETE A REFERENCE TO A "CLUB" AS AN ENTITY TO WHOM THE BOOKS ARE RESPONSIBLE; TO AMEND SECTIONS 7-9-20, 7-9-30, AS AMENDED, 7-9-40, 7-9-50, AS AMENDED, 7-9-60, AND 7-9-70, AS AMENDED, RELATING TO CLUBS IN PARTY ORGANIZATIONS, SO AS TO DELETE REFERENCES TO PARTY CLUBS WHICH CLARIFIES THE ORGANIZATIONAL RELATIONS WITH ELECTION PRECINCTS; TO PROVIDE THAT ALL ELECTED PRECINCT COMMITTEEMEN MAY VOTE ON QUESTIONS BEFORE THE COUNTY COMMITTEE, TO PROVIDE THAT THE CHAIRMAN MAY VOTE IN THE CASE OF A TIE, AND TO PROVIDE THAT AN ELECTED OFFICER OF THE COUNTY COMMITTEE WHO IS NOT A PRECINCT COMMITTEEMAN MAY VOTE DE FACTO, AND TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP; AND TO AMEND SECTION 7-13-170, RELATING TO THE PROCEDURE WHEN A MANAGER FAILS TO ATTEND THE PLACE WHICH HAS BEEN SCHEDULED FOR HOLDING A POLL, SO AS TO DELETE THE TERM "CLUB" FROM THE QUALIFYING MEMBER TO BECOME A MANAGER IN THE PLACE OF ABSENT MANAGERS.
H. 3449 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
H. 3914 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3093, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3915 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3094, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3254 (Word version) -- Reps. Clyburn, Neilson, Whipper, W. D. Smith, Anderson, Bales, Breeland, R. Brown, Cobb-Hunter, Cooper, Dantzler, Delleney, Harrison, Hayes, Hosey, Howard, Jennings, Limehouse, Mack, Merrill, J. H. Neal, Ott, Owens, Rutherford, Scarborough, Sellers, Umphlett, Viers, Walker and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES AND TO PROVIDE THAT A PARENT OR GUARDIAN OF A STUDENT SCORING BELOW BASIC ON ANY PORTION OF THE STATE ASSESSMENT WHO IS REGISTERED TO ATTEND THE SCHOOL SHALL ATTEND THE ORIENTATION CLASS.
H. 3830 (Word version) -- Rep. Perry: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A MUNICIPALITY; AND TO AMEND SECTIONS 31-7-30, 31-7-80, AND 31-7-120, RELATING TO DEFINITIONS, PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS AND INTERGOVERNMENTAL AGREEMENTS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO REENACT PORTIONS OF THE DEFINITION OF "BLIGHTED AREA" INADVERTENTLY DELETED AND REVISE DEFINITIONS FOR "CONSERVATION AREA" AND "REDEVELOPMENT PROJECT AREA", TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A COUNTY, AND TO CLARIFY THE APPLICATION OF MUNICIPAL AND COUNTY TAX INCREMENT FINANCING LAWS TO INTERGOVERNMENTAL AGREEMENTS.
H. 3933 (Word version) -- Reps. Mitchell, Whipper, Branham, Cotty, Merrill, Loftis, Clyburn, Anderson, J. H. Neal, McLeod, F. N. Smith, Govan, Brantley, Ott, Alexander, Crawford, Bedingfield, Cato, Hosey, Lucas, Knight, Bingham, Agnew, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Ceips, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lowe, Mack, Mahaffey, Miller, Moss, Mulvaney, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams, Witherspoon, Young and Frye: A JOINT RESOLUTION TO CREATE A MULTI-AGENCY ADVISORY COMMITTEE TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE ENVIRONMENTAL JUSTICE IN THIS STATE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3953 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, AND THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY; AND TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN ADVISORY COUNCILS IS DETERMINED AND THE NUMBER OF MEMBERS OF EACH ADVISORY COUNCIL.
Rep. COTTY moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:
S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.
Rep. COTTY moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:
S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.
Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Rep. OTT moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
The following Bill was taken up:
H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach and Ballentine: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11583AC07), which was tabled:
Amend the bill, as and if amended, by deleting Section 20-7-650(L)(1)(c) and relettering the enumerated items in Section 20-7-650(L)(1). So when amended Section 20-7-650(L)(1) reads:
/(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person: physically or sexually abused or wilfully or recklessly neglected the child
(a) physically abused the child;
(b) sexually abused the child;
(c) severely neglected the child; or
(d) repeatedly neglected the child.
Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies; /
Amend the bill further, Section 20-7-650(L)(2)(b), page 2, lines 15-16 by deleting /, physical neglect/. So when amended Section 20-7-650(L)(2)(b) reads:
/ (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children./
Amend the bill further, by deleting SECTION 2 of the bill and inserting:
/SECTION 2. Section 20-7-650(M), (N), and (O) of the 1976 Code, as last amended by Act 325 of 2002, are further amended to read:
"(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (KL).
(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse Reserved. "/
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY moved to table the amendment, which was agreed to.
Rep. MOSS proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11589AC07):
Amend the bill, as and if amended, Section 20-7-650, page 3547-2, immediately after line 35 and before line 36 by inserting:
/(O) The department must seek an order placing a person in the Central Registry in cases filed pursuant to subsection (K), (L), or (M) in all cases Section 20-7-736 in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse physically abused, sexually abused, severely neglected, or repeatedly neglected the child./
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
Rep. LOFTIS requested debate on the Bill.
Rep. TALLEY continued speaking.
Reps. F. N. SMITH, HAMILTON, BRANTLEY, CHALK, SHOOPMAN, BATTLE, HOSEY, UMPHLETT, J. R. SMITH, HINSON, MULVANEY, MERRILL, WEEKS, PARKS, J. H. NEAL and CLYBURN requested debate on the Bill.
Rep. HAMILTON moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:
H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3289 (Word version) -- Rep. Vick: A BILL 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, LEGAL TENDER 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.
Rep. VICK explained the Bill.
H. 3817 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM AND PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.
Rep. G. M. SMITH explained the Bill.
Rep. TOOLE moved to adjourn debate upon the following Bill, which was adopted:
H. 3172 (Word version) -- Reps. Toole, Littlejohn and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792 SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2008, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2011; AND TO REQUIRE THE STATE REGISTRAR TO CARRY OUT A PUBLIC SERVICE CAMPAIGN EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.
The motion of Rep. COOPER to reconsider the vote whereby the House nonconcurred in the Senate Amendments to the following Joint Resolution was taken up and agreed to:
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:
H. 3870 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.
On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 3812 (Word version) -- Reps. G. M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3781 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, May 1, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3505 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Shoopman, Simrill, Skelton, G. M. Smith, G. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.
Rep. CATO explained the Senate Amendments.
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F. N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M. A. Pitts, Rice, Sandifer, J. R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
The following Concurrent Resolution was taken up:
H. 3706 (Word version) -- Reps. Duncan, Talley and Gullick: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.
Rep. LEACH explained the Resolution.
Rep. GULLICK spoke in favor of the Resolution.
Rep. LEACH moved to adjourn debate on the Concurrent Resolution until Thursday, April 26, which was agreed to.
The motion period was dispensed with on motion of Rep. LEACH.
The following Bill was taken up:
H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.
Rep. CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9919SSP07), which was tabled:
Amend the bill, as and if amended, Section 2-19-70, by adding an appropriately lettered subsection to read:
/ ( ) No judicial candidate may attend a function to which a member of the General Assembly is invited pursuant to Section 2-17-90 unless the lobbyist's principal or all lobbyists' principals hosting the function invite the judicial candidate. If a lobbyist's principal or lobbyists' principals extends an invitation for a function pursuant to this subsection, they must extend the invitation to all judicial candidates offering for the same seat to the function. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS continued speaking.
Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill. He stated that the Amendment dealt with functions held by lobbyist principals, while the Bill dealt with the judicial merit selection commission.
SPEAKER PRO TEMPORE W. D. SMITH stated that both the Amendment and Bill dealt with conditions regulating judicial candidates campaigning for office. He therefore overruled the Point of Order.
Rep. YOUNG moved to table the amendment.
The amendment was then tabled by a division vote of 65 to 18.
Reps. E. H. PITTS and THOMPSON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\9996SSP07), which was tabled:
Amend the bill, as and if amended, Section 2-19-70 as contained in SECTION 6, page 7, by deleting lines 5-16 and inserting:
/ (E)(F) A candidate for judicial office shall not contact a member of the General Assembly directly regarding screening for a judicial office until the qualifications of all candidates for a judicial office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly.
(G) Violations A violation of this section may be considered by the merit selection commission when it considers the candidate's qualifications and fitness. Violations A violation of this section by members a member of the General Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations A violation of this section by A nonlegislative commission members shall member must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases A case tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."/
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. YOUNG moved to table the amendment.
The amendment was then tabled by a division vote of 52 to 26.
Reps. COTTY, BALLENTINE, FRYE, PINSON, TAYLOR, BINGHAM, SKELTON, HIOTT, CRAWFORD, SHOOPMAN and TOOLE proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7267AHB07), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 2-19-70(B), as contained in SECTION 6, page 6, lines 1 through 8, and inserting:
/ (B) No A member of the General Assembly or member of his immediate family may not be elected to a judicial office while he the member is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. COTTY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Ballentine Barfield Bedingfield Bingham Bowers Brady G. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney J. M. Neal Neilson Owens Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Umphlett Walker Weeks White Whitmire Witherspoon
Those who voted in the negative are:
Alexander Anderson Bales Bannister Battle Breeland R. Brown Cobb-Hunter Coleman Davenport Delleney Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kelly Mack McLeod Miller Mitchell J. H. Neal Parks M. A. Pitts Rutherford Scott Sellers F. N. Smith Stavrinakis Vick Whipper
So, the amendment was adopted.
Rep. RUTHERFORD proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20322SD07), which was rejected:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ___. Chapter 19, Title 2 of the 1976 Code is amended by adding:
"Section 2-19-85. Notwithstanding any other provisions of law, if a sitting member of the General Assembly desires to run for a specific judgeship, he shall notify the Judicial Merit Selection Commission of his intention to run for this judgeship at the next vacancy therein, and the General Assembly is thereafter prohibited from holding an election to fill that judgeship and the Judicial Merit Selection Commission is prohibited from accepting applications for election to that judgeship until a period of fifteen months has elapsed from the time the sitting member in the General Assembly has submitted his intention to seek that judgeship."/
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
The amendment was then rejected by a division vote of 42 to 51.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Coleman Crawford Dantzler Davenport Delleney Duncan Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rice Scarborough Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Cobb-Hunter Cotty Funderburk Govan Harrison Hart Littlejohn J. H. Neal Ott Pinson Rutherford Sandifer Scott Sellers Vick
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SELLERS moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, 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 LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5256AC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A) There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 1.5 cents on each cigarette.
(B) Notwithstanding another provision of law providing for the crediting of the revenues by license or other taxes, the revenue of the surtax imposed by this section must be credited to the funds or allocated to the agencies in subsection (C) and used only for the purposes prescribed in subsection (C).
(C)(1)(a) There is created in the State Treasury the Health Care Trust Fund that is separate and distinct from the general fund of the State and all other funds. Revenue must be expended to expand coverage under the state Medicaid program to children eighteen years of age and under whose family income does not exceed one hundred percent of the federal poverty level, up to, but not more than, the expenditure of seventy million dollars. Revenue remaining from the funds expended for that purpose, or seventy million dollars, whichever is less, must be credited to the Health Care Trust Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding to provide Medicaid coverage to individuals nineteen years of age and older who are uninsured and whose family income does not exceed one hundred percent of the federal poverty level.
(b) Monies in the fund are supplementary and may not be used to replace recurring monies appropriated from the general fund of the State or from other funds for the support of the Medicaid program. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenue in the fund not expended during a fiscal year are carried forward to the succeeding fiscal year and must be used for the same purposes.
(c) Annually, the department shall revise the benefits offered pursuant to subsection (C)(1) so that no more funds are expended for this Medicaid coverage than are available in the Health Care Trust Fund.
(d) The department shall apply for any waivers necessary for the implementation of this section.
(C)(2) There is established a reserve fund for the state Medicaid program within the Department of Health and Human Services. The reserve fund derives from the department's existing reserves on hand, ongoing previous-year program refunds, and unobligated proceeds from the taxation on cigarettes. This reserve may not exceed a cap of one and one-half percent of agency appropriations for all funds as defined annually by the Office of State Budget. The reserve fund may be assessed only for unanticipated shortfalls occurring within the Department of Health and Human Service's annual operating budget. The reserve fund may not be used for new initiatives or program expansions. Requests for withdrawal from the fund must be certified by the Office of State Budget as representing operating shortfalls not generated from program expansions. Each request for withdrawal must be approved in advance by the Budget and Control Board. The reserve fund is a restricted account under the direction of the State Treasurer's Office with interest accruing to the fund. Interest earnings, previous-year program refunds, and unobligated proceeds from the taxation on cigarettes must accrue to the state general fund for use for nonrecurring capital projects when the reserve fund reaches the one and one-half percent cap limit.
(C)(3)(a) There is created in the state treasury, separate and distinct from the general fund of the State, the Youth Smoking Prevention and Cessation Fund. Five percent of the revenue generated by the tax imposed pursuant to this section must be credited to the Youth Smoking Prevention and Cessation Fund and monies in the fund must be used by the Department of Health and Environmental Control in accordance with the Centers for Disease Control recommended comprehensive programs using best practices for youth smoking prevention and cessation programs.
(b) There is allocated to the Department of Health and Environmental Control Superb Fund one cent of the surtax imposed on each pack of cigarettes pursuant to this section to be used only for the purpose of satisfying any existing Environmental Protection Agency deficiency. After satisfaction of that deficiency, this one-cent amount must be deposited in the Reserve Trust Fund with the Department of Health and Human Services as provided in (C)(2).
(C)(4) One million dollars of the revenue generated by the surtax imposed pursuant to this section must be credited to the Department of Agriculture for research and promotion of healthy lifestyles with food grown in this State.
(D) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620."
SECTION 2. Section 12-36-910(D) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three one and one-half percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2007-2008 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two three and one-half percent sales tax differential provided pursuant to this subsection (D)(1).
(3) Notwithstanding the rate of the tax imposed pursuant to subsection (D)(1), the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is reduced to one and one-half percent effective January 1, 2008. There is transferred from the general fund of the State to the EIA Fund the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the loss of this sales tax revenue."
SECTION 4. Article 2, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-157. (A) The Department of Health and Human Services shall expand coverage under the state Medicaid program to children eighteen years of age and under whose family income does not exceed one hundred percent of the federal poverty level.
(B) Revenue generated pursuant to Section 12-21-625 must be expended to fund the Medicaid coverage provided for in subsection (A), and the remaining funds must be credited to the Health Care Trust Fund created pursuant to Section 12-21-625(C)(1).
(C) Revenue remaining from the funds expended pursuant to subsection (B) must be credited to the Health Care Trust Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding to provide Medicaid coverage to individuals nineteen years of age and older who are uninsured and whose family income does not exceed one hundred percent of the federal poverty level. Annually, the department shall revise the benefits offered pursuant to this subsection so no more funds are expended for this Medicaid coverage than are available in the Health Care Trust Fund.
(D) The department shall apply for any waivers necessary for the implementation of this section."
SECTION 5.A. Section 12-21-90 of the 1976 Code is amended to read:
"Section 12-21-90. In case any goods, wares or merchandise If cigarettes upon which business or soft drinks license stamps or soft drinks license crowns cigarette tax stamps have been placed or have been sold and shipped to a regular dealer in such articles cigarettes in another state, the seller in this State shall be is entitled to a refund of the actual amount of the tax paid upon condition that if the seller in this State shall make makes an affidavit that the goods were so sold and shipped and that if he shall furnish furnishes from the purchaser a written acknowledgment that he the purchaser has received such the goods and the amount of stamps or crowns thereon on it, together with the name and address of the purchaser. Upon receipt of such the affidavit and acknowledgment the department shall issue to the seller in this State its warrant or order upon the State Treasurer for the amount thereof of the refund, which warrant or order shall must be paid by the State Treasurer or, in the case of soft drink license stamps or crowns, such stamps or crowns of sufficient value to cover the refund."
B. The first undesignated paragraph of Section 12-21-660 of the 1976 Code is amended to read:
"Section 12-21-660. Every A person who is engaged in the business of purchasing, selling, or distributing cigars, cheroots, stogies, cigarettes, snuff or smoking or chewing tobacco at wholesale tobacco products and is required to remit the tax via stamps, tax returns, or both, in accordance with this article, or who is engaged in the business of selling or distributing cigarettes or tobacco products at wholesale or through vending machines within the State and all a cigarette, cigar, and tobacco product manufacturers' sales representatives representative who conduct conducts business in this State shall file with the Department of Revenue an application for a license permitting him to engage in such the business. When such the business is conducted at two or more separate places, a separate license for each place of business shall be is required. A person whose business is conducted through vending machines needs to shall obtain only one license but shall maintain an up-to-date list of the location of each vending machine operated under this license and each manufacturers' sales representative needs to must obtain only one license. The provisions of this section shall do not apply to persons who own and stock vending machines for use on their own premises."
C. Section 12-21-735 of the 1976 Code is amended to read:
"Section 12-21-735. Each person or distributor of cigarettes taxable under this article, first receiving untaxed cigarettes for sale or distribution in this State, is subject to the tax imposed in Section 12-21-620. Each distributor required to pay the tax shall make a report to the department, in the form the department prescribes, of all cigarettes sold or disposed of in this State, and pay taxes due thereon not later than the twentieth day of the month next succeeding the month of the sale or disposition. However, any person or distributor making shipments of cigarettes to retail locations in and out of this State shall apply to the department for a license which enables them to purchase cigarettes free of tax, and report and pay tax as provided in this section on sales of cigarettes sold to locations in this State.
The department shall require bonds or statements of financial stability satisfactory to the department to cover possible losses resulting from failure to remit taxes due. When the return required by this section is timely filed and the taxes shown to be due are paid by the date specified in this section, the person or distributor may deduct three and one-half percent of the tax due. (A) A person or distributor of cigarettes taxable pursuant to this article, first receiving untaxed cigarettes for sale or distribution in this State, is subject to the tax imposed in Section 12-21-620.
(B)(1) The tax imposed on cigarettes is paid by affixing stamps as described in this section. A person or distributor subject to the tax shall affix stamps to each individual package received in the State. In the case of a distributor, including a wholesaler, jobber, and similar business, the individual packages must be stamped within seventy-two hours after the cigarettes are received by them. In the case of a retailer and other persons, the individual packages must be stamped within twenty-four hours after the cigarettes are received by them, except that all individual packages must be stamped before being offered for sale. In the case of cigarettes manufactured within this State and sold directly to consumers, the individual packages must be stamped when and as sold.
(2) A stamp evidencing the tax must not be of a denomination of less than one cent and if the tax computed at the rate prescribed in this article is a specified amount plus a fractional part of one cent, the package must be stamped for the next full cent.
(3) The stamps must be purchased from the department and the department must allow a discount of five percent on the entire amount of the purchase if the total purchase is equal to or greater than twenty-five dollars. The discount is not allowed for the purchase of stamps with respect to stamp purchases made by a person as a result of a discovery by the department that the cigarettes were not stamped in a manner as required by this section.
(4) For purposes of this section, stamps include other tax indicia as approved by the department including, but not limited to, meter impressions.
(5) For purposes of a penalty imposed for failure properly to affix stamps, each individual package not properly stamped constitutes a separate failure. An illegible tax indicia also constitutes a failure properly to affix a tax stamp.
(C) A person or distributor subject to the tax shall make a report each month to the department, in the form the department prescribes, of (i) the beginning inventory, purchases, and ending inventory of cigarettes for South Carolina; (ii) the beginning inventory, purchases, and ending inventory of tax stamps for South Carolina purposes; and (iii) other information considered necessary by the department. The person also must pay taxes due on the sale or disposition of cigarettes in South Carolina during the month they were not stamped before sale or disposition during the month. The report and any tax due must be filed with and paid to the department not later than the twentieth day of the month next succeeding the month for which the report is filed.
(D)(1) A person or distributor making shipments of cigarettes to retail locations in and out of this State shall apply to the department for a license that enables him to purchase cigarettes free of tax, and stamp, report, and pay tax as provided in this section on sales of cigarettes sold to locations in this State.
(2) Cigarettes maintained in the State and stamped with the tax indicia of another state, or not otherwise stamped, for the purpose of shipping the cigarettes to another state, must be kept in a compartment separate from South Carolina-stamped cigarettes pursuant to guidelines established by the department."
D. Section 12-21-750 of the 1976 Code is amended to read:
"Section 12-21-750. All A retail dealers dealer in manufactured tobacco products, shells, cartridges or playing cards purchasing or receiving such the commodities from without the State, whether they shall have been ordered through a wholesaler or jobber in this State, by drop shipment or otherwise, shall, within five days after receipt of them, shall mail a duplicate invoice of all such the purchases or receipts to the department. Failure to furnish duplicate invoices as required shall be is a misdemeanor and, upon conviction, be is punishable by a fine of not more than one hundred dollars for each offense or imprisonment for a period not exceeding thirty days."
E. Section 12-21-770 of the 1976 Code is amended to read:
"Section 12-21-770. Every Any person, firm, corporation, club, or association who sells, stores, or receives for the purpose of distribution to any person, firm, corporation, club, or association any shotgun or other shells, cartridges, manufactured tobacco products or playing cards otherwise taxable under pursuant to the provisions of this chapter shall must pay the tax at the rates provided in this article for the sale of such articles those products."
SECTION 6. This act takes effect January 1, 2008./
Renumber sections to conform.
Amend title to conform.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 1.5 CENTS ON EACH CIGARETTE, TO ESTABLISH THE HEALTH CARE TRUST FUND TO PROVIDE FOR MEDICAID BENEFITS FOR CURRENTLY UNINSURED CHILDREN, TO ESTABLISH A RESERVE TRUST FUND AND PROVIDE FOR ITS EXCESS BALANCE, AND TO PROVIDE THAT A PORTION OF THE REVENUE BE ALLOCATED TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, FOR SMOKING CESSATION PROGRAMS AND TO ITS SUPERB FUND TO SATISFY ANY ENVIRONMENTAL PROTECTION AGENCY DEFICIENCY, AND TO THE DEPARTMENT OF AGRICULTURE FOR THE PROMOTION OF HEALTHY FOODS, AND TO PROVIDE FOR A ONE AND ONE-HALF-CENT REDUCTION OF THE STATE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OR SALES PRICE OF UNPREPARED FOOD, AND TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE FOR A ONE AND ONE-HALF PERCENT SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OR SALES PRICE OF UNPREPARED FOOD; TO ADD SECTION 44-6-157 SO AS TO PROVIDE FURTHER FOR THE EXPANSION OF THE STATE MEDICAID PROGRAM AND THE CREATION OF THE HEALTH CARE TRUST FUND; AND TO AMEND SECTIONS 12-21-90, 12-21-660, 12-21-735, 12-21-750, AND 12-21-770, ALL RELATING TO THE STAMP TAX ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO PROVIDE FOR THE PROPER AFFIXING OF STAMPS OR OTHER TAX INDICIA TO CIGARETTES, INCLUDING PROVISIONS FOR IN-STATE AND OUT-OF-STATE CIGARETTES AND FOR MONTHLY REPORTS.
Rep. RICE explained the amendment.
Rep. COOPER spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. RICE spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Cato Chalk Clemmons Cooper Delleney Duncan Edge Frye Gambrell Haley Hardwick Harrell Harrison Hinson Kelly Kennedy Kirsh Leach Lowe Lucas Merrill Mulvaney Perry M. A. Pitts Sandifer Shoopman G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Ceips Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Hagood Hamilton Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Jennings Knight Limehouse Littlejohn Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rice Rutherford Scarborough Scott Sellers Simrill Skelton D. C. Smith G. M. Smith Stavrinakis Vick Weeks Whipper Whitmire
So, the House refused to table the amendment.
The amendment was then adopted.
I mistakenly voted on the prevailing side for Amendment No. 1. I am not for increasing government, which this Amendment did. I am for a cigarette tax if it is revenue neutral. This Amendment did not do this.
Rep. Converse A. Chellis III
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11594AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 12-21-625(C)(1)(a) and inserting:
/ (C)(1)(a) There is created in the State Treasury the Health Care Trust Fund that is separate and distinct from the general fund of the State and all other funds. Except as otherwise provided for in this subsection, up to, but not more than, seventy million dollars of the revenue generated from the additional surtax imposed pursuant to subsection (A) must be credited to the Health Care Trust Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding to provide Medicaid coverage to individuals nineteen years of age and older who are uninsured and whose family income does not exceed one hundred percent of the federal poverty level. /
Amend the bill further, by deleting Section 44-6-157 and inserting:
/ Section 44-6-157. (A) Except as otherwise provided for in Section 12-21-625, up to, but not more than, seventy million dollars of the revenue generated pursuant to Section 12-21-625(A) must be credited to the Health Care Trust Fund created pursuant to Section 12-21-625(C)(1)(a) and used by the Department of Health and Human Services as the State match for federal Medicaid funding to provide Medicaid coverage to individuals nineteen years of age and older who are uninsured and whose family income does not exceed one hundred percent of the federal poverty level. Annually, the department shall revise the benefits offered pursuant to this subsection so no more funds are expended for this Medicaid coverage than are available in the Health Care Trust Fund.
(B) The department shall apply for any waivers necessary for the implementation of this section./
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Reps. CRAWFORD and HARRELL proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\18790MM07), which was rejected:
Amend the bill, as and if amended, Section 12-21-625 as found in SECTION 1, page 3567-1 through 3567-3, by deleting subsections (B) and (C) in their entirety and inserting:
/ (B) Notwithstanding another provision of law providing for the crediting of the revenues by license or other taxes, the revenue of the surtax imposed by this section must be credited to the Groceries' Sales Tax Relief Fund established pursuant to subsection (C) and used only for the purpose prescribed in subsection (C).
(C)(1) There is created the Groceries' Sales Tax Relief Fund into which must be deposited the revenue of the surtax collected pursuant to subsection (A). The fund must be separate and distinct from the general fund and may be used only for the purpose prescribed in this subsection. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund, except as otherwise provided in this subsection.
(2) Monies in the fund must be used to reduce the state sales and use tax imposed on the gross proceeds of the sale or sales price of unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons.
(3) Monies in the fund must be transferred by the State Treasurer to the general fund each fiscal year in the amount estimated by the Board of Economic Advisors to equal revenue not received as a result of the reduction of the sales and use tax on unprepared food as provided in this subsection.
(4) Monies not expended from the fund during a fiscal year must be carried forward to the succeeding fiscal year and used for the same purpose. /
Amend the bill further, Section 12-36-910(D) as found in SECTION 2, page 3567-3, by deleting Section 12-36-910(D) in its entirety and inserting:
/ "(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three one and four-tenths percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2007-2008 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two one and six-tenths percent sales tax differential provided pursuant to this subsection (D)(1).
(3) Notwithstanding the rate of the tax imposed pursuant to subsection (D)(1), the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is reduced to one and four-tenths percent effective January 1, 2008. There is transferred from the general fund of the State to the EIA Fund the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the loss of this sales tax revenue." /
Amend the bill further, the amended title, by deleting the amended title beginning on page 3567-7 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Rep. OTT spoke against the amendment.
Rep. BOWEN spoke in favor of the amendment.
Rep. AGNEW spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Funderburk Haley Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Owens Parks Rice Rutherford Scott Sellers G. M. Smith Spires Stavrinakis Vick Weeks Whipper
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Neilson Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the amendment.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. Smith in favor of the motion to table Amendment No. 3.
Rep. OTT spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. MACK spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. BRANHAM spoke against the amendment.
Rep. RICE spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. CRAWFORD spoke in favor of the amendment.
Rep. RICE spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Bedingfield Bingham Bowen Cato Chalk Chellis Clemmons Cooper Crawford Delleney Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hinson Kelly Kirsh Leach Limehouse Loftis Lowe Lucas Merrill Mulvaney Perry E. H. Pitts M. A. Pitts Sandifer Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Battle Bowers Brady Branham Brantley Breeland G. Brown R. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Knight Littlejohn Mack Mahaffey McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson Rice Rutherford Scarborough Scott Sellers G. M. Smith Stavrinakis Vick Weeks Whipper Whitmire
So, the amendment was rejected.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. Smith against Amendment No. 3.
Rep. DUNCAN proposed the following Amendment No. 6 (Doc Name COUNCIL\AGM\18792MM07), which was tabled:
Amend the bill, as and if amended, by striking all beginning after line 35, page 3567-1, through line 32 on page 3567-8 and inserting:
/ (C)(1) There is created the Groceries' Sales Tax Relief Fund into which must be deposited the revenue of the surtax collected pursuant to subsection (A). The fund must be separate and distinct from the general fund and may be used only for the purpose prescribed in this subsection. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund, except as otherwise provided in this subsection.
(2) Monies in the fund must be used to eliminate the state sales and use tax imposed on the gross proceeds of the sale or sales price of unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons.
(3) Monies in the fund must be transferred by the State Treasurer to the general fund each fiscal year in the amount estimated by the Board of Economic Advisors to equal revenue not received as a result of the elimination of the sales and use tax on unprepared food as provided in this subsection.
(4) Monies not expended from the fund during a fiscal year must be carried forward to the succeeding fiscal year and used for the same purpose.
(D) For all purposes of reporting, payment, collection, and enforcement, the surtax imposed by this section is deemed to be imposed pursuant to Section 12-21-620(1)."
SECTION 2. Section 12-36-910(D) of the 1976 Code, as last amended by Act 388 of 2006, is further amended to read:
"(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three percent eliminated.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2006-2007 2007-2008 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two percent elimination of the sales tax differential provided pursuant to this subsection."
SECTION 3. Section 12-36-2120 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an undesignated item at the end to read:
"( ) unprepared food that lawfully may be purchased with United States Department of Agricultural food coupons."
SECTION 4. This act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COOPER proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20327SD07), which was rejected:
Amend the bill, as and if amended, by striking subsections A., B., and C. of SECTION 5 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. RICE spoke against the amendment.
Rep. RICE moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Bingham Bowers Branham Brantley Breeland G. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Frye Funderburk Hamilton Hart Harvin Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Knight Littlejohn Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Rice Rutherford Scott Sellers Spires Stavrinakis Vick Weeks Whipper
Those who voted in the negative are:
Barfield Battle Bedingfield Bowen Brady Chellis Clemmons Cooper Crawford Delleney Duncan Edge Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Herbkersman Hinson Kelly Kennedy Kirsh Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Miller Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the amendment.
Rep. JENNINGS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bedingfield Bowen Brady Chellis Clemmons Cooper Crawford Delleney Duncan Edge Gambrell Gullick Hagood Hardwick Harrell Harrison Hayes Herbkersman Hinson Kelly Kennedy Kirsh Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Miller Mulvaney Owens Perry Pinson E. H. Pitts Sandifer Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Bingham Bowers Branham Brantley Breeland G. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Frye Funderburk Haley Hamilton Hart Harvin Hiott Hodges Hosey Howard Huggins Jefferson Jennings Knight Littlejohn Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks M. A. Pitts Rice Rutherford Scarborough Sellers Shoopman Spires Stavrinakis Vick Weeks Whipper
So, the amendment was rejected.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. Smith against Amendment No. 9.
Rep. M. A. PITTS moved to reconsider the vote whereby Amendment No. 9 was rejected.
Rep. RICE moved to table the motion to reconsider.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bingham Bowers Brady Brantley Breeland G. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Frye Funderburk Hamilton Hart Harvin Hiott Hodges Hosey Howard Huggins Jefferson Jennings Knight Littlejohn Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Rice Rutherford Scarborough Scott Sellers Shoopman Spires Stavrinakis Vick Weeks Whipper
Those who voted in the negative are:
Bannister Barfield Battle Bedingfield Bowen Branham Chellis Clemmons Cooper Crawford Delleney Duncan Edge Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Hayes Herbkersman Hinson Kelly Kennedy Kirsh Leach Limehouse Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Sandifer Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bowen Brady Branham Chellis Clemmons Cooper Crawford Delleney Duncan Edge Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Hayes Herbkersman Hinson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Mulvaney Perry Pinson E. H. Pitts M. A. Pitts Sandifer Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bingham Bowers Brantley Breeland G. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Frye Funderburk Hamilton Hart Harvin Hiott Hodges Hosey Howard Huggins Jefferson Jennings Knight Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scarborough Scott Sellers Spires Stavrinakis Vick Weeks Whipper
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bowen Brady Branham Chellis Clemmons Cooper Crawford Delleney Duncan Edge Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Hayes Herbkersman Hinson Huggins Kelly Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney Neilson Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Bingham Bowers Brantley Breeland G. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Frye Funderburk Hamilton Hart Harvin Hiott Hodges Hosey Howard Jefferson Jennings Knight Mack McLeod Mitchell J. H. Neal J. M. Neal Ott Owens Parks Rice Rutherford Scarborough Sellers Stavrinakis Vick Weeks Whipper
So, the amendment was adopted.
I voted for Amendment No. 9 on the last vote. I intended to vote against this Amendment. Indeed, I voted against this Amendment during the first vote. Because there were several votes after the original vote, e.g., motion to table, motion to reconsider, motion to adopt, etc., at the time of the final vote, I mistakenly voted "yea."
Rep. Phillip Shoopman
Rep. HERBKERSMAN moved to reconsider the vote whereby Amendment No. 3 was rejected.
Rep. HARRELL spoke in favor of the motion to reconsider.
Rep. OTT spoke against the motion to reconsider.
Rep. SCOTT spoke against the motion to reconsider.
Rep. KENNEDY spoke in favor of the motion to reconsider.
Rep. RICE spoke against the motion to reconsider.
Rep. RICE moved to table the motion to reconsider.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Knight Limehouse Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scott Sellers G. M. Smith Stavrinakis Vick Weeks Whipper
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chellis Clemmons Cooper Crawford Delleney Duncan Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Kelly Kennedy Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Perry Pinson E. H. Pitts M. A. Pitts Sandifer Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chellis Clemmons Cooper Crawford Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Perry Pinson E. H. Pitts M. A. Pitts Sandifer Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Knight Limehouse Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scott Sellers G. M. Smith Stavrinakis Vick Weeks Whipper
So, the motion to reconsider was agreed to.
Reps. CRAWFORD and HARRELL proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\18790MM07), which was adopted:
Amend the bill, as and if amended, Section 12-21-625 as found in SECTION 1, page 3567-1 through 3567-3, by deleting subsections (B) and (C) in their entirety and inserting:
/ (B) Notwithstanding another provision of law providing for the crediting of the revenues by license or other taxes, the revenue of the surtax imposed by this section must be credited to the Groceries' Sales Tax Relief Fund established pursuant to subsection (C) and used only for the purpose prescribed in subsection (C).
(C)(1) There is created the Groceries' Sales Tax Relief Fund into which must be deposited the revenue of the surtax collected pursuant to subsection (A). The fund must be separate and distinct from the general fund and may be used only for the purpose prescribed in this subsection. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund, except as otherwise provided in this subsection.
(2) Monies in the fund must be used to reduce the state sales and use tax imposed on the gross proceeds of the sale or sales price of unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons.
(3) Monies in the fund must be transferred by the State Treasurer to the general fund each fiscal year in the amount estimated by the Board of Economic Advisors to equal revenue not received as a result of the reduction of the sales and use tax on unprepared food as provided in this subsection.
(4) Monies not expended from the fund during a fiscal year must be carried forward to the succeeding fiscal year and used for the same purpose. /
Amend the bill further, Section 12-36-910(D) as found in SECTION 2, page 3567-3, by deleting Section 12-36-910(D) in its entirety and inserting:
/ "(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three one and four-tenths percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2007-2008 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two one and six-tenths percent sales tax differential provided pursuant to this subsection (D)(1).
(3) Notwithstanding the rate of the tax imposed pursuant to subsection (D)(1), the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is reduced to one and four-tenths percent effective January 1, 2008. There is transferred from the general fund of the State to the EIA Fund the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the loss of this sales tax revenue." /
Amend the bill further, the amended title, by deleting the amended title beginning on page 3567-7 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke against the amendment.
Rep. MACK spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chellis Clemmons Cooper Crawford Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Kelly Kennedy Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Ceips Clyburn Cobb-Hunter Coleman Cotty Dantzler Davenport Funderburk Hart Harvin Hayes Hiott Hodges Hosey Howard Jefferson Jennings Knight Limehouse Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Rice Rutherford Scott Sellers G. M. Smith Stavrinakis Vick Weeks Whipper
So, the amendment was adopted.
Rep. VIERS moved to recommit the Bill to the Committee on Ways and Means.
Rep. RICE moved to table the motion.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Chellis Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Dantzler Delleney Funderburk Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Hart Harvin Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Rutherford Scott Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stavrinakis Stewart Talley Taylor Umphlett Vick Walker Weeks Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Barfield Battle Cato Cooper Davenport Duncan Edge Frye Haley Kennedy Miller Mulvaney M. A. Pitts Sandifer Scarborough Sellers G. M. Smith Spires Thompson Toole Viers White
So, the motion to recommit the Bill was tabled.
Rep. OTT proposed the following Amendment No. 11 (Doc Name COUNCIL\BBM\10021HTC07), which was adopted:
Amend the bill, as and if amended, by adding a penultimate new SECTION appropriately numbered to read:
/ SECTION __. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-627. Notwithstanding any other provision of law providing for the crediting and use of the revenues of the license tax on tobacco products, in any fiscal year that the license tax on cigarettes is greater than seven cents a pack, the General Assembly shall appropriate one million dollars in the annual general appropriations act to the Department of Agriculture for research and promotion of healthy lifestyles with food grown in this State." /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Ceips Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Edge Frye Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Lowe Merrill Mulvaney Owens Perry Pinson E. H. Pitts Scarborough Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Umphlett Viers White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Duncan Funderburk Hamilton Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Knight Lucas Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks M. A. Pitts Rice Rutherford Sandifer Scott Sellers Skelton G. M. Smith Spires Stavrinakis Talley Thompson Toole Vick Weeks Whipper
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Duncan Funderburk Hart Harvin Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Knight Lucas Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Pinson M. A. Pitts Rice Rutherford Sandifer Scott Sellers Skelton G. M. Smith Spires Stavrinakis Talley Thompson Toole Vick Walker Weeks Whipper Witherspoon
Those who voted in the negative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Ceips Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Lowe Mahaffey Merrill Mulvaney Owens Perry E. H. Pitts Scarborough Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Umphlett Viers White Whitmire Young
So, the amendment was adopted.
Rep. RICE spoke in favor of the Bill.
Rep. OTT spoke in favor of the Bill.
Rep. MILLER proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\20329SD07), which was tabled:
Amend the bill, as and if amended, by striking Section 12-21-625 of the 1976 Code, as contained in SECTION 1, and inserting:
/ Section 12-21-625. (A) There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 1.5 cents on each cigarette.
(B) Notwithstanding another provision of law providing for the crediting of the revenues by license or other taxes, the revenue of the surtax imposed by this section must be used only for the purposes prescribed in subsection (C).
(C)(1)(a) There is created in the State Treasury the Health Care Trust Fund that is separate and distinct from the general fund of the State and all other funds. Revenue must be expended in the manner the General Assembly shall provide to expand coverage under the state Medicaid program to children eighteen years of age and under whose family income does not exceed one hundred percent of the federal poverty level.
A portion of this revenue as the General Assembly shall provide must also be credited to the Health Care Trust Fund and used by the Department of Health and Human Services as the state match for federal Medicaid funding to provide Medicaid coverage to individuals nineteen years of age and older who are uninsured and whose family income does not exceed one hundred percent of the federal poverty level.
(b) Monies in the fund are supplementary and may not be used to replace recurring monies appropriated from the general fund of the State or from other funds for the support of the Medicaid program. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenue in the fund not expended during a fiscal year are carried forward to the succeeding fiscal year and must be used for the same purposes.
(c) Annually, the department shall revise the benefits offered pursuant to subsection (C)(1) so that no more funds are expended for this Medicaid coverage than are available in the Health Care Trust Fund.
(d) The department shall apply for any waivers necessary for the implementation of this section
(e) The General Assembly may also provide for other uses of these funds for health care purposes in the manner it provides by law. /
Amend the bill further, as and if amended, by striking SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. MILLER moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Bingham Bowen Bowers Brady Branham Brantley Breeland Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Dantzler Delleney Funderburk Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Harvin Herbkersman Hiott Hosey Howard Huggins Jefferson Jennings Kelly Knight Limehouse Littlejohn Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss J. H. Neal J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Taylor Toole Vick Walker Whipper Whitmire
Those who voted in the negative are:
Alexander Barfield Battle Bedingfield G. Brown R. Brown Cato Cooper Davenport Duncan Edge Frye Haley Hart Hayes Hinson Hodges Kennedy Kirsh Leach Lowe Mulvaney Neilson Scott Sellers Shoopman G. M. Smith W. D. Smith Spires Talley Thompson Umphlett Viers Weeks White Witherspoon Young
So, the Bill, as amended, was read the second time and ordered to third reading.
I voted against an increase in the cigarette tax because as a fiscal conservative, I do not believe we should be raising any tax in a year in which the state's revenues have increased by over $1 billion. Further, provisions for the expenditure of revenues realized from this tax increase include recurring items, yet data gathered from other states, and even our own history, shows this is not responsible government due to the decrease in this revenue stream which is certain to occur.
Rep. Scott F. Talley
Rep. MERRILL moved to reconsider the vote whereby the following Bill, as amended, was given a second reading:
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, 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 LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
Rep. HINSON moved to table the motion to reconsider, which was agreed to.
Rep. LUCAS moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3960 (Word version) -- Reps. Viers, Barfield, Miller, Anderson, Govan, Clemmons, Edge, Hardwick, Hayes and Witherspoon: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3959 (Word version) -- Reps. Viers, Barfield, Miller, Anderson, Govan, Clemmons, Edge, Hardwick, Hayes and Witherspoon: A CONCURRENT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS REQUESTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3968 (Word version) -- Reps. G. M. Smith, Lowe, J. H. Neal, G. Brown and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH BEULAH CUTTINO ROAD TO ITS INTERSECTION WITH THE SUMTER/CLARENDON COUNTY LINE THE "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND BERKELEY COUNTY LINE NEAR MCCLELLANVILLE AS "THE HILLS BRIDGE" IN MEMORY OF WILLIAM BECKETT HILLS AND IN HONOR OF MARIE SHAW HILLS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HILLS BRIDGE".
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3983 (Word version) -- Rep. Anderson: A BILL TO PROVIDE THAT BEGINNING JULY 1, 2007, THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT SHALL CONSIST OF SEVEN MEMBERS APPOINTED FROM THE DISTRICT AT LARGE BY THE GOVERNOR UPON THE RECOMMENDATION OF THE WILLIAMSBURG COUNTY LEGISLATIVE DELEGATION, TO PROVIDE FOR THEIR TERMS OF OFFICE, AND TO REPEAL SECTION 1 OF ACT 632 OF 1980, ACT 577 OF 1982, ACT 798 OF 1988, AND ACT 471 OF 2002 RELATING TO THE ELECTION OR TERMS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY.
On motion of Rep. ANDERSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3990 (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 3096, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3991 (Word version) -- Reps. McLeod, Haley, Toole, Spires, Huggins, Ott, E. H. Pitts, Bingham, Ballentine and Frye: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3992 (Word version) -- Rep. Toole: 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 MEMBERS SHALL SERVE TERMS OF FOUR YEARS, NOT TO EXCEED THREE TERMS; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO SPECIFY THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
Rep. TOOLE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Judiciary
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
On motion of Rep. DUNCAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3994 (Word version) -- Reps. J. H. Neal, Clyburn, Rutherford, Sellers, Brantley, Hodges, Jefferson, Hart, Mitchell, Alexander, Anthony, Breeland, G. Brown, R. Brown, Cobb-Hunter, Harvin and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-510 SO AS TO ENACT THE "SOUTH CAROLINA HIGH SCHOOL DROPOUT PREVENTION ACT OF 2007" SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT DURING A SCHOOL YEAR WHO HAS CUMULATIVELY FAILED TO PASS AT LEAST TWO UNITS OF INSTRUCTION REQUIRED FOR A HIGH SCHOOL DIPLOMA IN THE STUDENT'S PROGRAM OF STUDY OR WHO HAS SCORED IN THE TWENTY-FIVE PERCENTILE OR LOWER ON APPLICABLE END-OF-YEAR ASSESSMENT TESTS MUST MEET WITH HIS HIGH SCHOOL GUIDANCE COUNSELOR AND HIS PARENTS OR LEGAL GUARDIAN BEFORE THE START OF THE NEXT SCHOOL YEAR TO REVIEW THE STUDENT'S INDIVIDUALIZED EDUCATIONAL PLAN AND HIS ACADEMIC PROGRESS TO DETERMINE IF MODIFICATIONS IN THE PLAN OR CHANGES IN THE STUDENT'S PROGRAM OF STUDY ARE REQUIRED IN ORDER TO ALLOW THE STUDENT TO ACHIEVE GREATER EDUCATIONAL BENEFITS AND ALSO TO PREVENT THE STUDENT FROM DROPPING OUT OF SCHOOL; TO AMEND SECTION 59-63-230, RELATING TO NOTIFICATION TO PARENTS OR LEGAL GUARDIAN OF A PUPIL WHO HAS BEEN SUSPENDED FROM A CLASS OR SCHOOL AND CONFERENCES IN REGARD TO THE SUSPENSION WITH THE STUDENT'S PARENTS OR LEGAL GUARDIAN WHICH ARE AVAILABLE WITH SCHOOL ADMINISTRATORS, SO AS TO REQUIRE THE CONFERENCE TO BE HELD AND FURTHER PROVIDE FOR THE INFORMATION TO BE COVERED AT THE CONFERENCE; TO AMEND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR A LEGAL GUARDIAN TO CAUSE THEIR CHILD TO ATTEND SCHOOL DURING CERTAIN AGES, SO AS TO PROVIDE THAT A CHILD WHO HAS NOT ATTAINED THE AGE OF NINETEEN RATHER THAN SEVENTEEN AND WHO HAS NOT GRADUATED FROM HIGH SCHOOL IS REQUIRED TO ATTEND SCHOOL.
Referred to Committee on Education and Public Works
H. 3995 (Word version) -- Reps. Parks, Clyburn, Agnew, Duncan, Frye, Harvin, McLeod, Phillips, M. A. Pitts, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 77 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO THE MEMBERS OF THE GLEAMNS HUMAN RESOURCES COMMISSION FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM.
Referred to Committee on Education and Public Works
S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
On motion of Rep. SCOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 695 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSING PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 696 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3984 (Word version) -- Reps. Huggins, Ballentine, Haley, Toole and E. H. Pitts: A CONCURRENT RESOLUTION TO DECLARE APRIL 2007 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.
Whereas, the year 2007 marks the thirty-ninth anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly referred to as the "Federal Fair Housing Act", declaring a national policy to provide fair housing throughout the United States; and
Whereas, Title VIII of the Civil Rights Act of 1968 was amended by the "Fair Housing Amendments Act of 1988" to provide stronger enforcement and a broader protected class; and
Whereas, Chapter 21 was added to Title 31 of the South Carolina Code of Laws in 1989 which enacted the "South Carolina Fair Housing Law" to provide enforcement and protection at the state level; and
Whereas, our fair housing laws prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability; and
Whereas, fairness is the foundation of our way of life and reflects the best of our traditional American values; and
Whereas, invidious discriminatory housing practices undermine the strength and vitality of South Carolina and its citizens; and
Whereas, all South Carolinians must continue to work to assure there are no victims of discriminatory housing practices and to make the ideal of fair housing a reality; and
Whereas, the "American Dream" is homeownership, and citizens within and without the real estate profession are "Keepers of the Dream" when they seek to eliminate illegal housing discrimination against persons because of their race, color, religion, national origin, familial status, sex, or disability. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares April 2007 as "Fair Housing Month" in South Carolina and recognizes and supports "Fair Housing Month" in our State.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Association of Realtors.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3985 (Word version) -- Reps. Ott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CALHOUN COUNTY HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.
The Resolution was adopted.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3986 (Word version) -- Reps. Ott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CALHOUN COUNTY HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Calhoun County High School varsity boys basketball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending the team on its outstanding season and for capturing the 2007 Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3988 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO COMMEND JOSEPH DUFFIELD, AGE NINE, AND JESSIE DUFFIELD, AGE SIX, OF YORK COUNTY, FOR THEIR EXEMPLARY WORK IN RAISING FUNDS TO SUPPLY MEDICINES FOR CHILDREN IN AFRICA WHO ARE AIDS VICTIMS.
The Resolution was adopted.
The following was introduced:
H. 3989 (Word version) -- Reps. Davenport, Haskins, Bedingfield, G. R. Smith, Ceips, Duncan, Littlejohn, Witherspoon, Agnew, Brantley, Chellis, Frye, Kelly, M. A. Pitts, Taylor and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL OR DECLINE IMPLEMENTATION OF THE "REAL ID ACT OF 2005" AND TO OPPOSE THE CREATION OF A FEDERAL NATIONAL IDENTIFICATION CARD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 665 (Word version) -- Senators Alexander, Knotts, Williams, Malloy, Verdin, Ryberg, Leatherman, Land, Setzler, Bryant, Hayes, Patterson, Gregory, Scott, Moore, Vaughn, Lourie, Campsen, Hawkins, Ritchie and Martin: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2007 AS ASTHMA AWARENESS MONTH FOR THE PURPOSE OF RAISING PUBLIC AWARENESS REGARDING ASTHMA, AND TO COMMEND THE SOUTH CAROLINA ASTHMA ALLIANCE, THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND OTHER ORGANIZATIONS THAT PROVIDE ASTHMA EDUCATION AND SUPPORT SERVICES FOR THE CITIZENS OF SOUTH CAROLINA.
Whereas, asthma is one of the most common chronic health conditions in the world, affecting over twenty million people in the United States alone; and
Whereas, responsible for more than five hundred thousand hospitalizations and five thousand deaths nationwide, asthma costs our nation approximately eleven billion dollars per year in health care; and
Whereas, asthma results in almost five billion dollars in additional costs, due to worker absenteeism and lost productivity, and is the most frequent reason for school absenteeism; and
Whereas, an affliction striking people of every age, race, ethnic group, and gender, asthma is the third leading cause of preventable hospitalizations in the United States; and
Whereas, in South Carolina, this disorder of the respiratory system, at its highest prevalence among those under eighteen years old, is the most common chronic disease among children and the leading cause of childhood disability. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina General Assembly, by this resolution, designate the month of May 2007 as Asthma Awareness Month for the purpose of raising public awareness regarding asthma, and commend the South Carolina Asthma Alliance, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Health and Human Services, and other organizations that provide asthma education and support services for the citizens of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Asthma Alliance, the South Carolina Department of Health and Environmental Control, and the South Carolina Department of Health and Human Services.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. LUCAS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3945 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SHIRLEY STAPLES CARTER ON RECEIVING THE PRESTIGIOUS JOURNALISM ADMINISTRATOR OF THE YEAR AWARD FROM THE SCRIPPS HOWARD FOUNDATION, AND TO HONOR HER OUTSTANDING CONTRIBUTIONS TO JOURNALISM EDUCATION IN SOUTH CAROLINA.
H. 3946 (Word version) -- Reps. Hart, Duncan, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS TO THE STUDENTS AND FACULTY OF VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA IN THE UNIVERSITY'S TRAGIC LOSS OF LIFE ON APRIL 16, 2007, AND TO OFFER OUR PRAYERS AND CONDOLENCES.
H. 3947 (Word version) -- Reps. Talley and Kelly: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROEBUCK FIRE DISTRICT OF SPARTANBURG COUNTY UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, TO THANK ITS FIREFIGHTERS FOR THEIR OUTSTANDING SERVICE TO THE ROEBUCK COMMUNITY, AND TO EXTEND BEST WISHES TO THE FIRE DISTRICT FOR THE FUTURE.
H. 3972 (Word version) -- Reps. Parks, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. JAMES CLARENCE PRINCE OF MCCORMICK COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 6:00 p.m. the House, in accordance with the motion of Rep. BREELAND, adjourned in memory of former Representative Joseph R. Murray, Sr., to meet at 10:00 a.m. tomorrow.
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