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 48:10: "See, I have refined you, though not as silver; I have tested you in the furnace of affliction."
Let us pray. Lord of Grace, refine our faith and keep us in Your love as Your people. Help us to accept what Your plans are for each of these people. Sometimes when we wanted to do one thing You did something else. Refine these Representatives that the trials and afflictions they have endured are for their good and the good of the people whom they serve. Bless our Nation, President, State, Governor, Speaker, staff and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In Your holy name we pray. 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. HARRISON moved that when the House adjourns, it adjourn in memory of former Representative and Circuit Court Judge Owens Taylor Cobb, Jr., of Columbia, which was agreed to.
The following was introduced:
H. 4230 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Anderson, Anthony, Bales, 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, 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 EXPRESS APPRECIATION TO MR. JAMES E. B. "JIM" WALLACE FOR HIS SIXTEEN YEARS OF DEDICATED SERVICE AS ASSISTANT SCOUTMASTER AND SCOUTMASTER TO BOY SCOUT TROOP 312 IN IRMO.
The Resolution was adopted.
The following was introduced:
H. 4231 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO CONGRATULATE STEVE TRAYLOR OF SPARTANBURG COUNTY ON THE OCCASION OF HIS RETIREMENT AS HEAD COACH OF THE WOFFORD COLLEGE BASEBALL TEAM, AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4232 (Word version) -- Reps. Crawford, Lowe, Leach, Bales, Limehouse, Mulvaney, Scarborough and Shoopman: A BILL TO AMEND SECTION 40-15-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM CHAPTER 15 OF TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO FURTHER SPECIFY THE SCOPE OF ACTIVITIES OF INTERNS AND RESIDENTS WHO ARE EXEMPT FROM LICENSURE; AND TO AMEND SECTION 40-15-360, RELATING TO THE AUTHORIZATION OF PHARMACISTS TO FILL PRESCRIPTIONS FOR DENTISTS, SO AS TO EXTEND THIS AUTHORIZATION TO INTERNS AND RESIDENTS UNDER CERTAIN CONDITIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler 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 Loftis Lowe McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson M. A. Pitts Rice Sandifer Scarborough Scott 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 White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, June 6.
Paul Agnew Ralph Davenport Carl Anderson Harry Cato Bill Cotty James Lucas Greg Delleney David Mack William R. "Bill" Whitmire Jackson "Seth" Whipper Ted Vick Bakari Sellers Todd Rutherford Thad Viers Edward H. "Ted" Pitts
Announcement was made that Dr. Benjamin W. Lamb of Lake City was the Doctor of the Day for the General Assembly.
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:
06/06/07 WHIPPER
Bill Number: H. 3615 (Word version)
Date: ADD:
06/06/07 SANDIFER
Bill Number: H. 4143 (Word version)
Date: ADD:
06/06/07 KNIGHT
Bill Number: H. 3284 (Word version)
Date: ADD:
06/06/07 DELLENEY
The Senate Amendments to the following Bill were taken up for consideration:
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. HARRISON explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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 Senate Amendments to the following Bill were taken up for consideration:
S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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 Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4150 (Word version) -- Reps. Hagood, Stavrinakis, Limehouse, Miller, Scarborough and Young: A BILL TO AMEND ACT 340 OF 1967, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND THE GOVERNING BODY OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH PRINCIPALS OF SCHOOLS IN THE DISTRICT SHALL BE APPOINTED AND THE MANNER IN WHICH TEACHERS AND OTHER PERSONNEL SHALL BE EMPLOYED AND ASSIGNED, AND TO DELETE CERTAIN PROVISIONS RELATING TO THE EMPLOYMENT AND TRANSFER OF TEACHERS AND OTHER EMPLOYEES.
H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
H. 4178 (Word version) -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.
H. 4200 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF KERSHAW COUNTY AND TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 534 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
S. 770 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO RENAME AND REVISE CERTAIN VOTING PRECINCTS OF SUMTER COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3145 (Word version) -- Reps. Talley and Littlejohn: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING SPARTANBURG COUNTY TO THE GOVERNING BODY OF SPARTANBURG COUNTY AND TO PROVIDE THAT THE APPOINTMENT OF MAGISTRATES IS NOT AFFECTED BY THE PROVISIONS OF THIS ACT.
S. 804 (Word version) -- Senator Alexander: A BILL TO AMEND ACT 604 OF 1994, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, SO AS TO AUTHORIZE THE COMMISSION TO APPOINT AND REMOVE THE EXECUTIVE DIRECTOR.
H. 4228 (Word version) -- Reps. Moss, Phillips and Littlejohn: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.
The following Bill was taken up:
S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.
Rep. KENNEDY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3396SD07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-160. (A) On July 1, 2009, the area of each county of this State also must be constituted as a school district and a county may not have multiple school districts within its boundaries, provided that nothing in this section prevents a portion of a county from being a part of a school district in another county.
(B) The General Assembly by local law before July 1, 2009, shall provide for the governance, fiscal authority, and administrative and operational responsibilities for a countywide school district where no provisions of law now apply."
B. All acts or parts of acts relating to a school district that is not a countywide school district required by Section 59-17-160 of the 1976 Code are repealed on July 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS raised the Point of Order that Amendment No. 1 was out of order under House Rule 9.6.
SPEAKER HARRELL stated that the Amendment was out of order in that the Amendment would affect another county other than the county originally referenced to in the local Bill. He sustained the Point of Order and ruled the Amendment out of order.
Rep. WEEKS moved to adjourn debate on the Bill until Tuesday, January 8, 2008, which was agreed to.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
Rep. W. D. SMITH moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4202 (Word version) -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
The following Bill was taken up:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES.
Rep. SCOTT moved to adjourn debate on the Bill.
Rep. WALKER moved to table the motion, which was agreed to.
Rep. SCOTT requested debate on the Bill.
Reps. OTT, GOVAN, COBB-HUNTER, WEEKS, HOSEY, WALKER and WHITMIRE requested debate on the Bill.
The following Bill was taken up:
H. 3006 (Word version) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips and Whipper: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
Rep. CRAWFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
The Veto on the following Act was taken up:
(R82) H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: 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, AND FANTASY HARBOUR TO "HARD ROCK PARK".
Rep. VIERS explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Cato Ceips Chalk Chellis Clemmons Cobb-Hunter Cooper Cotty Crawford Dantzler Edge Frye Gambrell Gullick Haley Hardwick Harrell Harrison Harvin Hayes Hiott Hosey Howard Jefferson Jennings Knight Lowe McLeod Miller Moss J. H. Neal Neilson Ott Parks Pinson Sandifer Scarborough Skelton D. C. Smith J. R. Smith Spires Taylor Thompson Toole Vick Viers Weeks White Whitmire Williams Young
Those who voted in the negative are:
Agnew Funderburk Hagood Limehouse Lucas Perry Stavrinakis
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R66) S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Rep. WALKER explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Battle Bowen Bowers Branham G. Brown Davenport Gambrell Gullick Haley Harvin Hayes Howard Jennings Kelly Kirsh Knight Lucas McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Parks Pinson E. H. Pitts Scarborough Simrill Skelton D. C. Smith F. N. Smith Spires Talley Vick Walker Weeks White Whitmire Williams
Those who voted in the negative are:
Agnew Bannister Bingham Brady Brantley Chellis Cotty Duncan Frye Funderburk Govan Hagood Hiott Jefferson Kennedy Loftis Owens Rice Scott G. R. Smith J. R. Smith Stavrinakis Stewart Taylor Thompson Toole Umphlett Viers Young
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 310:
S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: 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 THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
and asks for a Committee of Conference and has appointed Senators Peeler, O'Dell and Setzler to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WHITE, BINGHAM and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 493:
S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
and asks for a Committee of Conference and has appointed Senators Cleary, Malloy and Verdin to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. BALLENTINE, GAMBRELL and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4202 (Word version) -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted:
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
Reps. OTT, WEEKS and WHITMIRE withdrew their requests for debate on S. 726; however, other requests for debate remained on the Bill:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES.
Rep. SHOOPMAN asked unanimous consent to recall H. 3077 (Word version) from the Committee on Judiciary.
Rep. WEEKS objected.
On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 793 (Word version) -- Senators Cleary and Elliott: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
The Senate Amendments to the following Bill were taken up for consideration:
H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
Rep. KELLY made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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 TECHNOLOGY AND COMMUNICATIONS STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING THE STATE'S BROADBAND COMMUNICATIONS INFRASTRUCTURE AND ASSESSING THE AVAILABILITY OF AND NEED FOR BROADBAND SERVICES IN UNSERVED AND UNDERSERVED AREAS WITHIN THE STATE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Rep. LOFTIS proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3399SSP07):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds that:
(1) access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life;
(2) affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace;
(3) in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services;
(4) broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals;
(5) broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities;
(6) broadband service currently is being provided using a number of different technologies, each of which has unique characteristics and advantages;
(7) communications service providers in South Carolina, including those in rural areas of the State, have invested and continue to invest significant amounts of capital to deploy and maintain networks to make broadband services available to the vast majority of South Carolina citizens;
(8) access to computers and broadband access at home and at school enhances the learning environment for school age children; and
(9) changes to the 2495-2690 MHz band of the spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable EBS and BRS providers to use that spectrum in a more technologically and economically efficient manner, encourage licensees to digitize their frequencies thereby creating excess capacity on their spectrum, and allow licensees to lease up to ninety-five percent of their capacity to commercial entities.
(B) It is the goal of the General Assembly to ensure that:
(1) all South Carolinians have affordable access to broadband products and services as quickly as possible; and
(2) the policies of this State promote technological neutrality, competition, investment, and innovation so that broadband service providers have sufficient incentive to develop and offer these products and services.
(C) There is created a committee to be known as the "South Carolina Broadband Technology and Communications Study Committee", composed of the following seventeen members, of whom fourteen are voting members and three are nonvoting members:
(1) two members of the Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(4) two members of the private sector appointed by the Speaker of the House of Representatives, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(5) one member from the private sector who has a background of substantial duration and expertise in telecommunications or broadband issues appointed by the Governor;
(6) one member to represent the Municipal Association of South Carolina appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(7) one member to represent the South Carolina Association of Counties appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(8) the President of Trident Technical College or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(9) the Secretary of Commerce or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(10) the President of the South Carolina Educational Television or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(11) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(12) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve ex officio in a nonvoting and advisory capacity; and
(13) the Director of the State Library, or his designee, who shall serve ex officio in a nonvoting and advisory capacity.
(D) The President Pro Tempore of the Senate shall designate a co-chairperson to the committee from the Senate membership of the committee and the Speaker of the House of Representatives shall designate a co-chairperson of the committee from the House of Representatives membership of the committee.
(E) Committee members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the committee while they hold that office. A vacancy in the membership of the committee must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Committee members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13, Title 8 of the Code. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(F) Committee members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the committee.
(G) The committee has no authority over the portion of the spectrum allocated to public safety services or the broadband assets of the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina.
(H) The committee has the following powers and duties:
(1) evaluate how to best foster a partnership between the private sector and public sector to accomplish the goals of this section;
(2) engage consultants and counsel with expertise in issues relating to the operation of large broadband networks to advise and assist the committee in the evaluation of information and data;
(3) evaluate the state's broadband communications infrastructure to determine whether and where broadband services are available, by whom they are provided, and by what manner of technology;
(4) assess the need for broadband services in unserved and underserved areas within the State;
(5) develop an inventory of locations within the State at which broadband services are not available or are underutilized;
(6) identify the types and locations of infrastructure and different technologies and services required to satisfy the need for broadband services;
(7) make recommendations to the General Assembly regarding the best method of leasing the excess capacity of EBS licensees and other assets in this State. In making its recommendations, the committee must consider whether broadband service expansion should be accomplished in a manner that allows South Carolina based broadband providers a reasonable opportunity to contribute toward the realization of the goals of this section. Excess capacity must not be leased prior to the issuance of the recommendations of the study committee. Upon issuance of favorable recommendations of the study committee, the EBS licensees are authorized to lease excess capacity and other assets in cooperation with the Division of the CIO. The awarding of contracts for the lease of excess capacity must be done by competitive solicitation in accordance with the South Carolina Consolidated Procurement Code. In entering into contracts to allow third parties to lease the EBS licensee's excess capacity, the EBS licensee and the Division of the CIO must not impose any pricing requirements on those third parties. The committee must make recommendations to the General Assembly as to how best to utilize the funds received from the lease of excess capacity. The committee must consider, at a minimum, whether the funds should be used to offset the costs of broadband service for qualified low-income subscribers, whether the licensee or other state entity should receive all or a portion of the funds, or any other use of the funds to the benefit of the State; and
(8) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State to advance the goal of providing all South Carolinians with affordable access to broadband products and services; provided that any policies recommended by the committee should promote technological competition, investment, and innovation to ensure that broadband service providers have sufficient incentive to develop and offer these products and services.
(I) In performing its powers and duties, the committee must act in the public interest. For purposes of this section, "public interest" includes, but is not limited to, a balancing of the following:
(1) concerns of the using and consuming public with respect to broadband services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina;
(3) recognition of the investments made in existing broadband networks; and
(4) encouragement of continued private investment in and maintenance of broadband facilities so as to provide reliable and high quality broadband services.
(J) The committee must use clerical and professional employees of the Senate and the House of Representatives for its staff, as approved and designated by the President Pro Tempore of the Senate and the Speaker of the House, respectively. Upon request by the committee, the Division of the CIO and ETV must make available to the committee technical and professional staff. The costs and expenses of the legislative members of the committee must be paid from the approved accounts of the Senate and the House of Representatives, respectively, in the exercise of the duties of and work on behalf of the committee. Other committee members' allowable expenses must be paid for by the Division of the CIO.
(K) The committee must submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2007.
(L) Notwithstanding Section 11-45-105(2), as last amended by Senate Bill 91 enrolled for ratification on June 5, 2007, the study committee may issue a report to allow the sale, lease, or other disposition of telecommunications and information technology infrastructure of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. SANDIFER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.
Rep. CATO explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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 Concurrent Resolution was taken up:
S. 787 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. COOPER moved to adjourn debate on the Concurrent Resolution, which was agreed to.
The following Concurrent Resolution was taken up:
S. 796 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY FROM MILE MARKER THREE TO MILE MARKER FIVE THE "CORPORAL MARK D. JONES HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL MARK D. JONES HIGHWAY".
Whereas, on February 27, 2005, Corporal Mark D. Jones tragically lost his life in the line of duty in a one-car accident along Interstate Highway 95 in Jasper County. He was thirty-four years old; and
Whereas, he was born on October 7, 1970, in DuBois, Pennsylvania, the son of Mark D. and Darlene H. Jones; and
Whereas, Corporal Jones grew up in Beaufort, South Carolina, was married to Deanna H. Jones, and was the father of four children; and
Whereas, prior to his death, he was a member of the City of Hardeeville Police Department known for his dedication, kindness, work ethic, and love for his family and community; and
Whereas, it is fitting and proper for the members of the South Carolina General Assembly to pay a lasting tribute to Corporal Mark D. Jones by having a portion of Interstate Highway 95 in Jasper County named in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of Interstate Highway 95 in Jasper County from mile marker three to mile marker five the "Corporal Mark D. Jones Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Corporal Mark D. Jones Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4193 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE CROSSWALK ATOP THE LAKE ASHWOOD DAM IN LEE COUNTY THE "WAYNE W. BROWN CROSSWALK" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS CROSSWALK THAT CONTAIN THE WORDS "WAYNE W. BROWN CROSSWALK".
Whereas, the Honorable Wayne W. Brown is a retired magistrate that served the people of Lee County and the State of South Carolina faithfully for many years; and
Whereas, Judge Brown is a retired employee of the DuPont Corporation where he was well known for the outstanding service that he provided this major corporate leader; and
Whereas, he is also regarded as a conservationist whose love for maintaining the pristine nature of Lake Ashwood is to be commended; and
Whereas, it is fitting and proper for the members of the South Carolina General Assembly to forever recognize the great contributions that Judge Brown has made to Lee County's judicial system, business sector, and environment by naming the crosswalk atop the Lake Ashwood Dam in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Natural Resources name the crosswalk atop the Lake Ashwood Dam in Lee County the "Wayne W. Brown Crosswalk" and erect appropriate markers or signs along this crosswalk that contain the words "Wayne W. Brown Crosswalk".
Be it further resolved that a copy of this resolution be forwarded to the Department of Natural Resources.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4196 (Word version) -- Reps. G. Brown, Weeks, J. H. Neal, Lowe and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 521 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY".
Whereas, Bill Pinkney is a native son of South Carolina, born in Dalzell on August 15, 1925; and
Whereas, he volunteered for the United States Army at age seventeen and took part in the Normandy Invasion, fighting his way across Europe, earning four Bronze Stars and a Presidential Citation; and
Whereas, after the war, Bill Pinkney became an outstanding player with the New York Blue Sox of the Negro Baseball League; and
Whereas, while in New York, Bill Pinkney and others, including renowned South Carolina vocal artist, the late Brook Benton, first formed and performed as "The Southern Knights" gospel quartet; and
Whereas, shortly thereafter, he met and became friends with well-known vocalist, the late Clyde McPhatter, and together they founded "The Drifters" vocal group; and
Whereas, "The Drifters", beginning with the song "Money Honey" on the Atlantic label in 1953 became one of the most beloved, durable, prolific, and popular rhythm and blues groups the world has ever known; and
Whereas, even today almost fifty-four years later, Bill Pinkney, as leader of "Bill Pinkney and the Original Drifters", continues to entertain, enthrall, and delight audiences and fans, and as such, continues as an outstanding ambassador of good will from the Palmetto State; and
Whereas, his music has been and continues to be a positive force for bringing together people of diverse background, race, religion, sex, and age; and
Whereas, Bill Pinkney has never lost or forsaken his deep roots, embracing love of God and love of country, and regularly includes gospel and patriotic selections in his performances; and
Whereas, he has been awarded The Order of the Palmetto, the highest civilian award bestowed by the State of South Carolina, and has been inducted into the Rock and Roll Hall of Fame and the South Carolina Music and Entertainment Hall of Fame; and
Whereas, a public park in Dalzell has been developed and named in his honor; and
Whereas, he has led an exemplary life of dedication as a soldier, patriot, gospel vocalist, athlete, and popular music superstar and legend; and
Whereas, the members of the General Assembly believe that it would be fitting and proper to forever recognize this beloved son of South Carolina by naming a portion of United States Highway 521 in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of United States Highway 521 from its intersection with South Carolina Highway 441 to its intersection with Charles Jackson Road "Bill Pinkney of the Original Drifters Highway" and erect appropriate markers or signs along this highway that contain the words "Bill Pinkney of the Original Drifters Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FRYE.
The following Bill was taken up:
H. 3964 (Word version) -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, Littlejohn, M. A. Pitts and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7343AHB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-245. Notwithstanding another provision of law, if a person is involuntarily committed to the Department of Mental Health pursuant to Chapter 17 of Title 44, documents concerning the involuntary commitment filed with a department or division of the State, must be transmitted to the State Law Enforcement Division (SLED) to be utilized by SLED when determining, pursuant to federal law or another provision of law, whether a person is qualified to obtain a concealable weapons permit."
SECTION 2. Section 23-31-215(M) of the 1976 Code is amended to read:
"(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed, unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein in this section may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145."
SECTION 3. Section 16-23-20(9) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:
"(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle, or under a seat; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;"
SECTION 4. Section 16-23-420(A) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:
"(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION 5. Section 16-23-430(1) of the 1976 Code is amended to read:
"(1) It shall be is unlawful for any a person, except state, county, or municipal law-enforcement law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device, or object which may be used to inflict bodily injury or death; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION 6. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. BALLENTINE proposed the following Amendment No. 4 (Doc Name COUNCIL\AGM\18863CM07), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ____. Section 16-23-430 of the 1976 Code is amended by adding at the end:
"(3) If a person who is under the age of eighteen carries a firearm in violation of this section, and has a parent or guardian who is found to be the owner of the firearm, then:
(a) the parent or guardian is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both; and
(b) in addition to the provisions contained in subitem (a), the parent or guardian also may be held liable for civil damages for injury, death, or property damage that are proximately caused by brandishing the firearm." /
Renumber sections to conform.
Amend title to conform.
Rep. BALLENTINE explained the amendment.
Rep. M. A. PITTS raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with the possession of firearms on the premises of school property and the Amendment merely dealt with extending the penalties related to possessing them on school property. He overruled the Point of Order.
Rep. BALLENTINE spoke in favor of the amendment.
Rep. M. A. PITTS moved to table the amendment, which was agreed to.
Rep. COOPER proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\5328CM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Sections 16-23-20, 16-23-420, 16-23-430, 16-23-465, and Article 4, Chapter 31, Title 23 of the 1976 Code are repealed.
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-210. A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring another person, or who carries a dangerous or deadly weapon within a state institution or upon the grounds or lands owned or leased for the use of the institution, without the approval of the warden or superintendent of the institution is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than two hundred dollars, or both.
Section 23-31-220. (A) A person may not knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this subsection for the first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, or fined not more than one thousand dollars, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, or fined not more than five thousand dollars, or both.
(B) A person may not knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. a person who violates this subsection for the first offense is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than one thousand dollars, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, or fined not more than five thousand dollars, or both.
(C) This section does not apply to:
(1) a law enforcement officer engaged in law enforcement duties; or
(2) the possession and use of firearms or dangerous or deadly weapons if the school board, or the superintendent or principal, if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.
(D) As used in this section:
(1) 'school property' means any property owned by a school, including motor vehicles;
(2) 'owned by the school' means owned, leased, controlled or subcontracted by the school;
(3) 'dangerous or deadly weapon' has the same meaning as contained in Section 23-31-230(2); and
(4) 'firearm' has the same meaning as contained in Section 23-31-230(3).
(E) The provisions of this section shall not limit or restrict prosecution for another offense.
Section 23-31-230. (A) As used in this section:
(1) 'courthouse' means a building or any portion of a building designated by the Supreme Court of South Carolina as a courthouse;
(2) dangerous or deadly weapon' means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury;
(3) 'firearm' means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun; and
(4) 'secured building' means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel, for storage of checked firearms.
(B) A person who, while within a courthouse and without authorization from the court, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, or fined not more than five hundred dollars, or both if he:
(1) carries or has in his possession a firearm; or
(2) knowingly carries or has in his possession a dangerous or deadly weapon, other than a firearm.
(C) Notice of the provisions of subsection (B) of this section must be posted conspicuously at each public entrance to each courthouse.
(D) Dangerous or deadly weapons are not allowed in a courthouse that has been certified by the court to be a secured building./
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 13 (Doc Name COUNCIL\NBD\11774AC07), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 3 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. CLEMMONS proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\11704AC07), which was adopted:
Amend the bill, as and if amended, Section 23-31-250, page 1, immediately after line 35 by inserting:
/Each public school, elementary school, secondary school, college, university, technical college, and post secondary institution, in consultation with the law enforcement agency having jurisdiction over the premises or property owned, operated, or controlled by the school or institution, shall develop procedures for responding to a shooting incident that occurs on the premises or property of the school or institution, and these procedures must be coordinated with the law enforcement agency response./
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Rep. SELLERS moved to reconsider the vote whereby Amendment No. 6 was adopted.
Rep. M. A. PITTS moved to table the motion to reconsider, which was agreed to.
Rep. MCLEOD moved that the House recede until 2:00 p.m., which was rejected by a division vote of 45 to 54.
Rep. M. A. PITTS moved cloture on the entire matter.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Delleney Edge Frye Gambrell Gullick Hamilton Hardwick Harrell Herbkersman Hiott Kelly Kirsh Leach Limehouse Loftis Lowe Lucas Merrill Mulvaney Neilson Owens Pinson M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Toole Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Bowers Branham Brantley Breeland R. Brown Clyburn Davenport Funderburk Govan Hagood Hart Harvin Hayes Hodges Hosey Huggins Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Perry Scott Sellers Skelton F. N. Smith Stavrinakis Thompson Weeks Whipper
So, cloture was ordered.
I did not have the opportunity to vote on the cloture motion on H. 3964, as I was quickly working on an amendment to take the Bill back to the version as amended by House Judiciary Committee, with the exception of the "under the seat" provision.
Although I strongly support the intent of Rep. COOPER'S amendment, it was not the intent of the original legislation filed by me. The original intent of this legislation was to allow law-abiding Concealed Weapons Permit holders to have access to a firearm in areas currently prohibited by law, in the event they needed this firearm to defend themselves and the children in our schools or on our campuses.
Had I had the opportunity to vote for cloture, I would have voted against the motion, in order to allow my amendment described above to be introduced.
Rep. Jeff Duncan
Rep. M. A. PITTS moved that the House recede until 2:00 p.m., which was agreed to by a division vote of 73 to 9.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments, cloture having been ordered.
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.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered:
H. 3964 (Word version) -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, Littlejohn, M. A. Pitts and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.
Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary.
Rep. SIMRILL moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Barfield Bedingfield Bowen Chalk Cooper Cotty Crawford Davenport Delleney Duncan Frye Gambrell Hamilton Hardwick Herbkersman Hiott Kelly Kirsh Loftis Lowe Lucas Moss Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Scarborough Shoopman Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Thompson Toole Umphlett Viers White Witherspoon Young
Those who voted in the negative are:
Alexander Bales Ballentine Bannister Battle Brady Branham Brantley Breeland Clyburn Cobb-Hunter Dantzler Funderburk Govan Gullick Hagood Harrison Hart Harvin Haskins Hayes Hodges Hosey Huggins Jefferson Jennings Kennedy Knight Mack McLeod Miller J. H. Neal Neilson Parks Rutherford Scott Sellers Skelton F. N. Smith Stavrinakis Williams
So, the motion to recommit the Bill was tabled.
Rep. HASKINS proposed the following Amendment No. 14 (Doc Name COUNCIL\AGM\18905MM07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-31-215(A) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:
"(A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty-dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant. ; and
(8) proof of American citizenship by presentation of an American passport, federal documentation of American citizenship, or birth certificate indicating American citizenship." /
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. CRAWFORD raised the Point of Order that Amendment No. 14 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Amendment simply reinserted language that was in the original Bill and he overruled the Point of Order.
Rep. CRAWFORD moved to table the amendment, which was agreed to by a division vote of 46 to 34.
Rep. SCOTT moved to continue the Bill.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bales Bannister Branham Brantley Breeland R. Brown Clyburn Cobb-Hunter Dantzler Govan Hart Harvin Hayes Hosey Jefferson Jennings Mack McLeod Miller J. H. Neal J. M. Neal Parks Rutherford Scott Sellers Skelton Stavrinakis Weeks Whipper Williams
Those who voted in the negative are:
Agnew Anthony Barfield Battle Bedingfield Bingham Bowen Bowers Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Davenport Delleney Duncan Frye Funderburk Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Kelly Kennedy Kirsh Knight Limehouse Loftis Lowe Lucas Merrill Moss Mulvaney Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker White Witherspoon Young
So, the House refused to continue the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. SELLERS spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. DUNCAN spoke in favor of the Bill.
Rep. M. A. PITTS spoke against the Bill.
Rep. M. A. PITTS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. AGNEW moved to reconsider the vote whereby the Veto on the following Act was sustained, which was agreed to:
(R66) S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Bales Ballentine Bannister Barfield Bowen Bowers Brady Branham Brantley Breeland R. Brown Ceips Chalk Clemmons Clyburn Cobb-Hunter Crawford Dantzler Davenport Delleney Edge Funderburk Gambrell Govan Gullick Hamilton Hardwick Harrison Harvin Haskins Hayes Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Lowe Lucas Mack McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson E. H. Pitts Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Talley Vick Walker Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Bedingfield Bingham Cotty Duncan Frye Hagood Harrell Herbkersman Hiott Limehouse Loftis Merrill Owens Rice Shoopman G. M. Smith Taylor Thompson Viers
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bill was taken up:
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7351AHB07), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-8-220, as contained in SECTION 4, beginning on page 9 and line 36.
Amend the bill further, by adding an appropriately numbered SECTION immediately after the enacting clause to read:
/ SECTION ___. The General Assembly finds that:
(1) It is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and criminal gang members. It is not the intent of this article to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(2) The State of South Carolina is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. The State has a compelling interest in preventing criminal gang activity, and the General Assembly finds that the provisions of this act are necessary to maintain the public order and safety.
(3) It is the intent of the General Assembly to eradicate the terror created by criminal gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment. /
Amend the bill further, by deleting in its entirety Section 16-8-300, as contained in SECTION 4, page 16, lines 20-23.
Amend the bill further, by deleting in its entirety Section 16-8-320, as contained in SECTION 4, beginning on page 16 and line 33.
Amend the bill further, by deleting Section 16-8-330, as contained in SECTION 4, page 17, lines 3-35, and inserting:
/ Section 16-8-330. (A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article.
(B) Further, upon conviction of Section 16-8-240 or Section 16-8-250, a separate judicial proceeding must be conducted to determine by clear and convincing evidence that the person is a member of a criminal gang. No person's name may be entered into a registry prior to the judicial determination of criminal gang membership.
(C) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database in accordance with subsection (B).
(D) The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1:
(1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and affirmatively approved by the General Assembly; and
(2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act and to amend those regulations to reflect changes made in the criteria that must be affirmatively approved by the General Assembly." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. (A) There is created a Gang Prevention Study Committee consisting of the following fifteen members:
(1) the Attorney General, or his designee, who shall serve as chairman;
(2) three members of the House of Representatives, appointed by the Speaker of the House of Representatives;
(3) three members of the Senate, appointed by the President Pro Tempore of the Senate;
(4) one person appointed by the Chief of the State Law Enforcement Division;
(5) one person appointed by the South Carolina Sheriffs' Association;
(6) one person appointed by the Director of the Department of Juvenile Justice;
(7) one person appointed by the Director of the Department of Corrections;
(8) one person appointed by the Director of the Department of Social Services;
(9) one person appointed by the South Carolina Municipal Association; and
(10) two persons appointed by the Governor, one of which must be a member of the faith-based community.
(B) The members of the committee shall serve without compensation and may not receive per diem, mileage, or subsistence when serving on the committee.
(C) The committee shall study and keep abreast of issues and problems in South Carolina concerning criminal gang activity. Issues that the committee shall study include, but are not limited to, gang court, gang-out programs, school support programs, counseling and faith-based support programs, and the creation of a gang commission.
(D) The committee shall file a report before January 30, 2008, containing its findings and recommendations and specifically recommending support programs to assist in eliminating gang violence. This report shall be filed with the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. HART moved to continue the Bill, which was rejected.
Rep. STAVRINAKIS proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7354AHB07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. (A) If It is unlawful for a person is to be in possession of a firearm or visibly displays display what appears to be a firearm or visibly displays display a knife during the commission of a:
(1) violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. ;
(2) most serious offense and is convicted of committing or attempting to commit a most serious offense as defined in Section 17-25-45(C)(1); or
(3) serious offense and is convicted of committing or attempting to commit a serious offense as defined in Section 17-25-45(C)(2).
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of not less than five years nor more than twenty-five years, in addition to the punishment prescribed for the principal offense. This sentence does not apply in cases when the death penalty or a life sentence without parole is imposed for the principal offense.
(C) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently, and the court must impose this mandatory sentence to run consecutively to a sentence imposed for the principal offense.
(C)(D) The person sentenced under pursuant to this section is not eligible during this five-year period sentence for parole, work release, or extended work release. The five years No part of this sentence may not be suspended nor probation granted, and the person may not complete his term of imprisonment in less than five years early pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(E) As used in this section,:
(1) 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; and
(2) 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment.
(F) The penalties prescribed in this section may not be imposed unless the person is convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60 of a qualifying principal offense as contained in this section." /
Renumber sections to conform.
Amend title to conform
Rep. STAVRINAKIS explained the amendment.
Rep. G. M. SMITH raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with adding criminal gang activity to the State Grand Jury's jurisdiction, the Amendment attempted to expand the crime of the possession of weapons. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. SCOTT proposed the following Amendment No. 10 (Doc Name COUNCIL\MS\7356AHB07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-770. (A) As used in this section, 'illegal graffiti vandalism' means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property.
(B) It is unlawful for a person to engage in the offense of illegal graffiti vandalism and, upon conviction, for a:
(1) first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not less than thirty days nor more than ninety days;
(2) second offense, is guilty of a misdemeanor and must be fined not more than two thousand five hundred dollars or imprisoned not more than one year; and
(3) third or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars or imprisoned not more than five years.
(C) In addition to the penalties provided in subsection (B), a person convicted of the offense of illegal graffiti vandalism also may be ordered by the court to remove the illegal graffiti, pay the cost of the removal of the graffiti, or make further restitution in the discretion of the court." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. G. M. SMITH moved to table the amendment, which was agreed to.
Reps. SELLERS and HART proposed the following Amendment No. 14 (Doc Name COUNCIL\BBM\10130HTC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. There is established in the appropriate office of the State Budget and Control Board a Community Safety Anti-gang Matching Grants program to provide funding for local programs to prevent youth idleness and intervene with at-risk youth. These grants may be awarded to counties and municipalities upon application for after school programs, summer youth employment programs, and police and sheriff anti-gang task forces. Grants must be awarded on a two-for-one matching basis with the local match component consisting of cash. Grant applications must be reviewed and rated by the Governor's Committee on Criminal Justice, Crime, and Delinquency, but responsibility for the award of grants is solely with the board. Funding for these grants must be in the amount as the General Assembly shall provide by law. /
Renumber sections to conform.
Amend title to conform.
Rep. SELLERS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 15 (Doc Name COUNCIL\MS\7377AHB07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. (A) Any A person who after being charged with a criminal offense and such the charge is discharged or, proceedings against such the person are dismissed, or the person is found to be innocent of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall may be retained by any municipal, county, or state law enforcement agency.
(B) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with adding criminal gang activity to the State Grand Jury's jurisdiction, the Amendment dealt with procedures related to criminal records beyond the substantial effect of the Bill. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. G. M. SMITH proposed the following Amendment No. 16 (Doc Name COUNCIL\MS\7389AHB07), which was adopted:
Amend the bill, as and if amended, by deleting lines 18-20 on page 141-2, and inserting in the appropriate place in SECTION 4 the following:
/ Section 16-8-320. The State Law Enforcement Division must include the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center among those National Crime Information Center data available for direct access by authorized criminal justice agencies. State, county, and municipal law enforcement agencies must maintain a record of all persons who are found to be criminal gang members in the Violent Gang and Terrorist Organization File in accordance with the National Crime Information Center entry criteria. All gang-related incidents must be appropriately annotated in the South Carolina Incident Based Reporting System pursuant to the intent and purpose of this article. /
Amend the bill further, by deleting Section 16-8-330 in its entirety, beginning on page 141-2 and line 23, and inserting:
/ Section 16-8-330. (A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article.
(B) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database.
(C) The State Law Enforcement Division may determine if information relating to criminal gangs, gang-related incidents, patterns of gang activity, or members or associates of criminal gangs received from federal law enforcement agencies and law enforcement agencies of other states is to be included in the database.
(D) Criminal information relating to a criminal gang and collected pursuant to this article must be consistent with the criteria required on the effective date of this act by the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center. The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1 of the Code of Laws:
(1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and affirmatively approved by the General Assembly;
(2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act, which are to be affirmatively approved by the General Assembly, and to amend those regulations to reflect changes made in the criteria; and
(3) to promulgate permanent regulations concerning the punishment associated with intentional misuse of the database.
(E) Information relating to a person who does not have a criminal arrest record and is not a member of a criminal gang must be used only for intelligence, investigative, and tracking purposes.
(F) The information contained in this database is not subject to the provisions of the Freedom of Information Act." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 17 (Doc Name COUNCIL\MS\7377AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. (A) Any A person who after being charged with a criminal offense and such the charge is discharged or, proceedings against such the person are dismissed, or the person is found to be innocent of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall may be retained by any municipal, county, or state law enforcement agency.
(B) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. SCOTT, HARRISON, WHIPPER and G. M. SMITH proposed the following Amendment No. 18 (Doc Name COUNCIL\AGM\18908MM07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-770. (A) As used in this section, 'illegal graffiti vandalism' means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property.
(B) It is unlawful for a person to engage in the offense of illegal graffiti vandalism and, upon conviction, for a:
(1) first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not less than thirty days nor more than ninety days;
(2) second offense, is guilty of a misdemeanor and must be fined not more than two thousand five hundred dollars or imprisoned not more than one year; and
(3) third or subsequent offense within ten years of a first offense, is guilty of a misdemeanor and must be fined not more than three thousand dollars or imprisoned not more than three years.
(C) In addition to the penalties provided in subsection (B), a person convicted of the offense of illegal graffiti vandalism also may be ordered by the court to remove the illegal graffiti, pay the cost of the removal of the graffiti, or make further restitution in the discretion of the court." /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
Reps. W. D. SMITH and HARRELL proposed the following Amendment No. 13 (Doc Name COUNCIL\MS\7364AHB07), which was tabled:
Amend the bill, as and if amended, by deleting lines 18-20 on page 141-2, and inserting in the appropriate place in SECTION 4 the following:
/ Section 16-8-320. The State Law Enforcement Division must include the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center among those National Crime Information Center data available for direct access by authorized criminal justice agencies. State, county, and municipal law enforcement agencies must maintain a record of all persons who are found to be criminal gang members in the Violent Gang and Terrorist Organization File in accordance with the National Crime Information Center entry criteria. All gang-related incidents must be appropriately annotated in the South Carolina Incident Based Reporting System pursuant to the intent and purpose of this article. /
Amend the bill further, by deleting Section 16-8-330 in its entirety, beginning on page 141-2 and line 23, and inserting:
/ Section 16-8-330. (A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article.
(B) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database.
(C) The State Law Enforcement Division may determine if information relating to criminal gangs, gang-related incidents, patterns of gang activity, or members or associates of criminal gangs received from federal law enforcement agencies and law enforcement agencies of other states is to be included in the database.
(D) Criminal information relating to a criminal gang and collected pursuant to this article must be consistent with the criteria required on the effective date of this act by the Violent Gang and Terrorist Organization File of the Federal Bureau of Investigation's National Crime Information Center. The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1 of the Code of Laws:
(1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and approved by the General Assembly; and
(2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act and to amend those regulations to reflect changes made in the criteria.
(E) Information relating to a person who does not have a criminal arrest record and is not a member of a criminal gang must be used only for intelligence, investigative, and tracking purposes." /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH moved to table the amendment, which was agreed to.
Reps. SCOTT, HARRISON, WHIPPER and G. M. SMITH proposed the following Amendment No. 19 (Doc Name COUNCIL\AGM\18908MM07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-770. (A) As used in this section, 'illegal graffiti vandalism' means an inscription, writing, drawing, marking, or design that is painted, sprayed, etched, scratched, or otherwise placed on structures, buildings, dwellings, statues, monuments, fences, vehicles, or other similar materials that are on public or private property and that are publicly viewable, without the consent of the owner, manager, or agent in charge of the property.
(B) It is unlawful for a person to engage in the offense of illegal graffiti vandalism and, upon conviction, for a:
(1) first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars or imprisoned not less than thirty days nor more than ninety days;
(2) second offense within 10 years, is guilty of a misdemeanor and must be fined not more than two thousand five hundred dollars or imprisoned not more than one year; and
(3) third or subsequent offense within ten years of a first offense, is guilty of a misdemeanor and must be fined not more than three thousand dollars or imprisoned not more than three years.
(C) In addition to the penalties provided in subsection (B), a person convicted of the offense of illegal graffiti vandalism also may be ordered by the court to remove the illegal graffiti, pay the cost of the removal of the graffiti, or make further restitution in the discretion of the court." /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lowe Lucas McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Scarborough Scott Sellers Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Brantley Breeland Harvin Hodges Jefferson Kennedy Mack J. H. Neal Rutherford
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber on constituent business during the final vote on S. 141. Had I been present in the Chamber, I would have voted "yea" in favor of the Bill.
Rep. Phillip W. Shoopman
The following Bill was taken up:
S. 370 (Word version) -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7382AHB07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-3-655 of the 1976 Code, as last amended by Act 346 of 2006, is further amended by adding a new subsection at the end to read:
"(__) A person is guilty of sexual conduct between minors if the person is seventeen or eighteen years of age and engages in consensual sexual intercourse, cunnilingus, fellatio, or anal intercourse with a younger person who is at least fourteen years of age but less than sixteen years of age. A person convicted of a violation of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three years. A person convicted of a violation of this subsection is not subject to the provisions of Title 23, Charter 3, Article 7." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill expanded the list of crimes included in the statutory aggravating circumstances for purposes of the death penalty while the Amendment dealt with criminal sexual conduct offenses. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7383AHB07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-3-430(F) and (G) of the 1976 Code are amended to read:
"(F) If an offender receives a pardon for the offense for which he was required to register, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that the Bill expanded the list of crimes included in the statutory aggravating circumstances for purposes of the death penalty while the Amendment dealt with criminal sexual conduct offenses. He therefore sustained the Point of Order and ruled the Amendment out of order.
Rep. W. D. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7387AHB07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that the Bill expanded the list of crimes included in the statutory aggravating circumstances for purposes of the death penalty while the Amendment dealt with criminal sexual conduct offenses. He therefore sustained the Point of Order and ruled the Amendment out of order.
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 Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hodges Hosey Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lowe Lucas Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Scarborough Scott Shoopman Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Hart Harvin Kennedy J. H. Neal Sellers
So, the Bill was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. HIOTT a leave of absence for the remainder of the day.
The SPEAKER PRO TEMPORE granted Rep. STAVRINAKIS a temporary leave of absence to take care of a constituent matter.
The following Bill was taken up:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES.
Rep. MERRILL moved to waive Rule 5.12.
The yeas and nays were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Cato Ceips Chalk Chellis Clemmons Clyburn Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hosey Huggins Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lowe Lucas Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire
Those who voted in the negative are:
Allen Anderson Breeland Cobb-Hunter Hart Harvin Howard Jefferson Kennedy Mack J. H. Neal Rutherford Scott Whipper
So, Rule 5.12 was waived.
Rep. J. H. NEAL proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18896MM07), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-230. (A)(1) A school district board of trustees may authorize, to be taught in the district's high schools, an elective course concerning and comparing the history and literature of the world's recognized religious texts, specifically:
(a) Baha'i Faith texts - 'Gleanings' from the Writings of the Baha'u'lah;
(b) Buddhist text - 'The Dhammapada';
(c) Chinese Classics - 'Confucian Analects', 'Doctrine of the Mean', 'The Great Learning';
(d) Christian texts - 'The apocrypha', 'The Old Testament', 'The New Testament';
(e) The Book of Mormon - 'Another Testament of Jesus Christ';
(f) Hindu texts - 'Bhagavad Gita', 'Upanishads';
(g) Islamic texts - 'The Qur'an';
(h) Jainism - writings of Mahavira Sutrakritanga;
(i) Judaic texts - 'Torah' (The Law), 'Nevi'im' (The Prophets), 'Ketuvim' (The Writings);
(j) Sikhism - writings of Guru Granth Sahib;
(k) The Texts of Taoism - 'Tao Te Ching';
(l) Unitarianism; and
(m) Zoroastrianism.
(2) Each course offered must be taught in an objective manner with no attempt to influence the students as to either the truth or falsity of the materials presented.
(3) Students must be awarded the same number of Carnegie units that are awarded to other classes of similar duration.
(4) A particular version of the world's religious texts to be used in the course may be recommended by the board of trustees; except, that the teacher of the course and students enrolled in the course may use any version of the sacred texts.
(B) The board of trustees of a district that offers a course pursuant to this section must:
(a) maintain supervision and control of the course;
(b) hire any new teachers that it determines are required to teach the course in the same manner all other teachers are hired;
(c) assure that all teachers teaching the course are certified by the State; and
(d) make no inquiry into the religious beliefs, or the lack of religious beliefs, held by a teacher when determining which teacher shall teach the class.
(C) The State Board of Education shall develop and adopt academic standards and appropriate instructional materials that must be used by high schools offering a course pursuant to this section. These academic standards and instructional materials must ensure that the courses do not disparage or encourage a commitment to a set of religious beliefs.
(D) The academic standards and appropriate instructional materials developed and adopted by the board must be designed to help students gain a greater appreciation of the world's recognized religious texts as great works of literature, art, and music; assist students in gaining greater insight into the many historical events recorded in the sacred writings; and provide students with a greater awareness of the many social customs that the these religious texts have significantly influenced; and
(E) The academic standards developed and adopted may provide that students may be assigned period appropriate secular historical and literary works to supplement the primary text."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL explained the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. WALKER 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 Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hosey Huggins Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lowe Lucas McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Talley Taylor Thompson Toole Vick Viers Walker Weeks White Whitmire Williams Young
Those who voted in the negative are:
Anderson Breeland Cobb-Hunter Howard Jefferson Kennedy Mack J. H. Neal Rutherford Whipper
So, the Bill was read the second time and ordered to third reading.
Rep. LUCAS moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Knotts, Sheheen and Campsen of the Committee of Free Conference on the part of the Senate on S. 327:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, 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 THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Very respectfully,
President
Received as information.
The following Bill was taken up:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10084HTC07), which was tabled:
Amend the bill, as and if amended, by striking item (3) of Section 12-36-910(D), as contained in SECTION 1, page 2 and inserting:
/ (3) While the special sales tax rate imposed pursuant to this subsection is as much as one percent, an amount of the sales tax revenue derived from the special rate on food, as calculated by the Board of Economic Advisors, equal to a sales tax rate of one percent on such food must be credited to the EIA Fund. Any balance of such revenues must be credited to the general fund of the State and used for the purposes provided pursuant to Section 59-21-1010(A). When the special sales rate on food equals .5 percent, all revenue of that special sales tax rate on food plus an equal amount of nonsales tax revenue transferred from the general fund of the State, must be credited to the EIA Fund. /
Amend further, page 2 by striking SECTION 2 and inserting:
/ SECTION 2. Section 12-36-2120 of the 1976 Code is amended by adding a new item at the end appropriately numbered to read:
"( ) effective on the July first that the provisions of Section 12-36-910(D) no longer apply, unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons. However, the exemption allowed by this item applies only to the state sales and use tax imposed pursuant to this chapter. There is transferred annually from nonsales tax revenues of the general fund of the State to the EIA Fund an amount calculated by the Board of Economic Advisors to equal the revenue of a one percent state sales tax on food exempted from sales tax pursuant to this item." /
Amend further, page 3, by striking SECTION 3 and inserting:
/ SECTION 3. Section 12-6-510(A) of the 1976 Code is amended to read:
"(A) For taxable years beginning after 1994 2006, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
over $2,220 but $56 plus 3 percent of
not over $4,440 the excess over $2,220;
over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
over $11,100 $456 plus 7 percent of
the excess over $11,100.
OVER BUT NOT
OVER
$ 0 $2,630 2.5% times the amount
2,630 5,260 3% times the amount less $13
5,260 7,890 4% times the amount less $66
7,890 10,520 5% times the amount less $144
10,520 13,150 6% times the amount less $250
13,150+ or more 6.83% times the amount less $381."
SECTION 4. Except where otherwise stated, this act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COOPER proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10150HTC07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-220. (A) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly. Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds.
(B) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund."
SECTION 2. Of the first funds available from fiscal year 2006-2007 state general fund surplus revenues, an amount equal to $10,000,000 is appropriated to the State Department of Education to supplement the school districts that are negatively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability. The school districts supplemented by these funds must be separate from the school districts supplemented by the Education Finance Act reserve funds. Funds appropriated pursuant to this section not expended before July 1, 2008, revert to the state general fund.
In fiscal year 2007-2008, school districts that receive a higher amount of state Education Finance Act funds as a result of the lack of revision of the 2007 Final Index of Taxpaying Ability shall direct the excess funds towards nonrecurring allowable expenditures.
The Department of Revenue shall build the 2008 Index of Taxpaying Ability on the 2007 Index of Taxpaying Ability as if it was amended.
SECTION 3. A. 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 percent and effective November 1, 2007, one percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2006-2007 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two percent sales tax differential provided pursuant to this subsection. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, the then applicable state sales and use tax rate imposed on unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is reduced, effective the following July first, by one-half of one percentage point. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of this subsection no longer apply.
(3) Twenty percent of the sales and use tax revenue attributable to the then applicable special rate imposed pursuant to this subsection, as estimated by the Board of Economic Advisors, must be credited to the EIA Fund. The balance of the revenue must be credited to the general fund of the State and used for the purposes provided for pursuant to Section 59-21-1010(A)."
B. Section 12-36-2120 of the 1976 Code is amended by adding a new item at the end appropriately numbered to read:
"( ) effective on the July first that the provisions of Section 12-36-910(D) no longer apply, unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons. However, the exemption allowed by this item applies only to the state sales and use tax imposed pursuant to this chapter."
C. Notwithstanding any other provision of law, for fiscal year 2007-2008 only, there must be transferred from the general fund of the State to the EIA Fund an amount estimated by the Board of Economic Advisors to equal the difference between EIA Fund revenues from the sales tax on food in fiscal year 2007-2008 and the amount of such revenue to the EIA Fund in fiscal year 2006-2007.
SECTION 4. Section 12-6-510(A) of the 1976 Code is amended to read:
"(A) For taxable years beginning after 1994 2006, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
over $2,220 but $56 plus 3 percent of
not over $4,440 the excess over $2,220;
over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
over $11,100 $456 plus 7 percent of
the excess over $11,100.
OVER BUT NOT
OVER
$ 0 $ 2,630 2.5% Times the amount
2,630 5,260 3% Times the amount
less $13
5,260 7,890 4% Times the amount
less $66
7,890 10,520 5% Times the amount
less $144
10,520 13,150 6% Times the amount
less $250
13,150 or more 6.83% Times the amount
less $381."
SECTION 5. There is appropriated from the Contingency Reserve Fund to the South Carolina Research Authority for hydrogen grants the sum of $5,000,000.
SECTION 6. Except where otherwise specified, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. COOPER spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5344CM07), which was adopted:
Amend the bill, as and if amended, Section 24-21-1300(C), as contained in SECTION 1, by deleting Section 24-21-1300(C) on pages 1 and 2, and inserting:
/ (C) 'Eligible inmate' means a person sentenced to imprisonment for more than three months, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) an A, B, or C felony, as provided for in Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D); or
(4) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible inmate' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services. /
Amend the bill further, Section 24-21-1300(D), as contained in SECTION 1, by deleting Section 24-21-1300(D) as contained on page 2, and inserting:
/ (D) 'Eligible offender' means a person placed on probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) an A, B, or C felony, as provided for in Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D); or
(4) a crime which required a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible offender' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services. /
Amend the bill further, Section 24-21-1320(A)(2), as contained in SECTION 1, by deleting line 7 on page 3, and inserting:
/ (2) participate in any educational, vocational training, counseling, or mentoring program recommended by the department; /
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 22-5-110 of the 1976 Code is amended to read:
"Section 22-5-110. (A) Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.
(B) Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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 TECHNOLOGY AND COMMUNICATIONS STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING THE STATE'S BROADBAND COMMUNICATIONS INFRASTRUCTURE AND ASSESSING THE AVAILABILITY OF AND NEED FOR BROADBAND SERVICES IN UNSERVED AND UNDERSERVED AREAS WITHIN THE STATE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Rep. LOFTIS proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3399SSP07):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds that:
(1) access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life;
(2) affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace;
(3) in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services;
(4) broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals;
(5) broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities;
(6) broadband service currently is being provided using a number of different technologies, each of which has unique characteristics and advantages;
(7) communications service providers in South Carolina, including those in rural areas of the State, have invested and continue to invest significant amounts of capital to deploy and maintain networks to make broadband services available to the vast majority of South Carolina citizens;
(8) access to computers and broadband access at home and at school enhances the learning environment for school age children; and
(9) changes to the 2495-2690 MHz band of the spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable EBS and BRS providers to use that spectrum in a more technologically and economically efficient manner, encourage licensees to digitize their frequencies thereby creating excess capacity on their spectrum, and allow licensees to lease up to ninety-five percent of their capacity to commercial entities.
(B) It is the goal of the General Assembly to ensure that:
(1) all South Carolinians have affordable access to broadband products and services as quickly as possible; and
(2) the policies of this State promote technological neutrality, competition, investment, and innovation so that broadband service providers have sufficient incentive to develop and offer these products and services.
(C) There is created a committee to be known as the "South Carolina Broadband Technology and Communications Study Committee", composed of the following seventeen members, of whom fourteen are voting members and three are nonvoting members:
(1) two members of the Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(4) two members of the private sector appointed by the Speaker of the House of Representatives, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(5) one member from the private sector who has a background of substantial duration and expertise in telecommunications or broadband issues appointed by the Governor;
(6) one member to represent the Municipal Association of South Carolina appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(7) one member to represent the South Carolina Association of Counties appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(8) the President of Trident Technical College or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(9) the Secretary of Commerce or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(10) the President of the South Carolina Educational Television or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(11) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(12) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve ex officio in a nonvoting and advisory capacity; and
(13) the Director of the State Library, or his designee, who shall serve ex officio in a nonvoting and advisory capacity.
(D) The President Pro Tempore of the Senate shall designate a co-chairperson to the committee from the Senate membership of the committee and the Speaker of the House of Representatives shall designate a co-chairperson of the committee from the House of Representatives membership of the committee.
(E) Committee members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the committee while they hold that office. A vacancy in the membership of the committee must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Committee members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13, Title 8 of the Code. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(F) Committee members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the committee.
(G) The committee has no authority over the portion of the spectrum allocated to public safety services or the broadband assets of the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina.
(H) The committee has the following powers and duties:
(1) evaluate how to best foster a partnership between the private sector and public sector to accomplish the goals of this section;
(2) engage consultants and counsel with expertise in issues relating to the operation of large broadband networks to advise and assist the committee in the evaluation of information and data;
(3) evaluate the state's broadband communications infrastructure to determine whether and where broadband services are available, by whom they are provided, and by what manner of technology;
(4) assess the need for broadband services in unserved and underserved areas within the State;
(5) develop an inventory of locations within the State at which broadband services are not available or are underutilized;
(6) identify the types and locations of infrastructure and different technologies and services required to satisfy the need for broadband services;
(7) make recommendations to the General Assembly regarding the best method of leasing the excess capacity of EBS licensees and other assets in this State. In making its recommendations, the committee must consider whether broadband service expansion should be accomplished in a manner that allows South Carolina based broadband providers a reasonable opportunity to contribute toward the realization of the goals of this section. Excess capacity must not be leased prior to the issuance of the recommendations of the study committee. Upon issuance of favorable recommendations of the study committee, the EBS licensees are authorized to lease excess capacity and other assets in cooperation with the Division of the CIO. The awarding of contracts for the lease of excess capacity must be done by competitive solicitation in accordance with the South Carolina Consolidated Procurement Code. In entering into contracts to allow third parties to lease the EBS licensee's excess capacity, the EBS licensee and the Division of the CIO must not impose any pricing requirements on those third parties. The committee must make recommendations to the General Assembly as to how best to utilize the funds received from the lease of excess capacity. The committee must consider, at a minimum, whether the funds should be used to offset the costs of broadband service for qualified low-income subscribers, whether the licensee or other state entity should receive all or a portion of the funds, or any other use of the funds to the benefit of the State; and
(8) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State to advance the goal of providing all South Carolinians with affordable access to broadband products and services; provided that any policies recommended by the committee should promote technological competition, investment, and innovation to ensure that broadband service providers have sufficient incentive to develop and offer these products and services.
(I) In performing its powers and duties, the committee must act in the public interest. For purposes of this section, "public interest" includes, but is not limited to, a balancing of the following:
(1) concerns of the using and consuming public with respect to broadband services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina;
(3) recognition of the investments made in existing broadband networks; and
(4) encouragement of continued private investment in and maintenance of broadband facilities so as to provide reliable and high quality broadband services.
(J) The committee must use clerical and professional employees of the Senate and the House of Representatives for its staff, as approved and designated by the President Pro Tempore of the Senate and the Speaker of the House, respectively. Upon request by the committee, the Division of the CIO and ETV must make available to the committee technical and professional staff. The costs and expenses of the legislative members of the committee must be paid from the approved accounts of the Senate and the House of Representatives, respectively, in the exercise of the duties of and work on behalf of the committee. Other committee members' allowable expenses must be paid for by the Division of the CIO.
(K) The committee must submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2007.
(L) Notwithstanding Section 11-45-105(2), as last amended by Senate Bill 91 enrolled for ratification on June 5, 2007, the study committee may issue a report to allow the sale, lease, or other disposition of telecommunications and information technology infrastructure of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. THOMPSON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up:
S. 787 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2007, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, June 7, 2007, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session on Wednesday, June 20, 2007, at 12:00 p.m. and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 2007, for the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) consideration of resolutions affecting the Sine Die adjournment date;
(5) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(6) receipt, consideration, and disposition of conference and free conference reports, appointment of free conference committees, and receipt and consideration of messages pertaining to these reports and appointments;
(7) receipt and consideration of resolutions expressing sympathy or congratulations;
(8) receipt and consideration of legislation to continue appropriation authorizations and necessary provisos of Act 397 of 2006 beyond June 30, 2007; and
(9) receipt and consideration of S.656 relating to tax relief, including concurrence or nonconcurrence in amendments on this bill received from the other house. The authorizations contained in item (6) of this subsection also apply to this bill and additionally, notwithstanding item (6), the appointment of a conference committee and the receipt and consideration of messages pertaining to these appointments in regard to this bill is permitted.
(B) Each house by simple majority vote on or before June 22, 2007, at 5:00 p.m. may provide by concurrent resolution that the General Assembly shall additionally meet in statewide session for a specified period not to exceed three calendar days to conclude not later than Tuesday, July 31, 2007, for the consideration of those matters permitted in subsection (A) of this resolution, and when each house adjourns after this additional period, the General Assembly shall stand adjourned sine die.
(C) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may select a mutually convenient time for the ratification of acts between June 7, 2007, and June 20, 2007, and between June 22, 2007, and the beginning of the special additional period provided for in subsection (B) if any.
(D) Except as provided in subsection (B), when each house adjourns not later than 5:00 p.m. on Friday, June 22, 2007, the General Assembly shall stand adjourned Sine Die. /
Amend title to conform.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22947SD07), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:
/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2007, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, June 7, 2007, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session on Wednesday, June 20, 2007, at 12:00 p.m. and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 2007, for the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) consideration of resolutions affecting the Sine Die adjournment date;
(5) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(6) receipt, consideration, and disposition of conference and free conference reports, appointment of free conference committees, and receipt and consideration of messages pertaining to these reports and appointments;
(7) receipt and consideration of resolutions expressing sympathy or congratulations;
(8) receipt and consideration of legislation to continue appropriation authorizations and necessary provisos of Act 397 of 2006 beyond June 30, 2007; and
(9) receipt and consideration of S.656 relating to tax relief, including concurrence or nonconcurrence in amendments on this bill received from the other house. The authorizations contained in item (6) of this subsection also apply to this bill and additionally, notwithstanding item (6), the appointment of a conference committee and the receipt and consideration of messages pertaining to these appointments in regard to this bill is permitted.
(B) Each house by simple majority vote on or before June 22, 2007, at 5:00 p.m. may provide by concurrent resolution that the General Assembly shall additionally meet in statewide session for a specified period not to exceed three calendar days to conclude not later than Tuesday, July 31, 2007, for the consideration of those matters permitted in subsection (A) of this resolution, and when each house adjourns after this additional period, the General Assembly shall stand adjourned sine die.
(C) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may select a mutually convenient time for the ratification of acts between June 7, 2007, and June 20, 2007, and between June 22, 2007, and the beginning of the special additional period provided for in subsection (B) if any.
(D) Except as provided in subsection (B), when each house adjourns not later than 5:00 p.m. on Friday, June 22, 2007, the General Assembly shall stand adjourned Sine Die. /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate by a division vote of 95 to 4.
Rep. LUCAS moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 74, H. 3711 by a vote of 44 to 0:
(R74) H. 3711 (Word version) -- Reps. Sandifer and Whitmire: AN ACT TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A NEW COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it sustained the Veto by the Governor on R. 67, H. 3289 by a vote of 26 to 5, but later the vote was reconsidered and overridden by a vote of 36 to 5:
(R67) H. 3289 (Word version) -- Rep. Vick: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, 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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 456, H. 5217 by a vote of 43 to 1:
(R456, H5217 (Word version) of 2006)--Rep. Rutherford: AN ACT TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 72, H. 3490 (Word version) by a vote of 44 to 0:
(R72) H. 3490 -- Reps. G. M. Smith, E. H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 69, H. 3409 by a vote of 43 to 1:
(R69) H. 3409 (Word version) -- Reps. Scarborough and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 82, H. 3960 by a vote of 44 to 0:
(R82) H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: 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, AND FANTASY HARBOUR TO "HARD ROCK PARK".
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 76, H. 3818 by a vote of 44 to 0:
(R76) H. 3818 (Word version) -- Reps. Bowers and Brantley: AN ACT 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.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3249:
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; AND TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE-HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS.
Very respectfully,
President
On motion of Rep. SCARBOROUGH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SCARBOROUGH, HAGOOD and MCLEOD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3233:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 15:
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 283:
S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 63, S. 603 by a vote of 44 to 0:
(R63) S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: AN ACT TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE IN AN AMOUNT DETERMINED BY THE BOARD NOT EXCEED A SPECIFIED AMOUNT.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 1, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 603 (Word version), R. 63.
This Bill raises the current salary and expense allowance for members of the Colleton County School Board to no more than $7,500 annually. Under the current law, members receive a $2,000 salary and up to $1,200 in expenses.
This administration has consistently advocated the notion that decisions on the operation of local schools should be made within the community and not simply mandates handed down by Columbia. Today there is a patchwork of authorities from one school board to the next, some having fiscal autonomy and others having none. In the case of Colleton County, the school budgets must be approved by the county council which has final say on most fiscal matters.
As a result of the variation in board autonomy and composition, there is significant variation in board pay across the State, ranging from those that provide board members no pay - 34 districts fall into this category - to those that offer board members as much as $9,400 per year. I do not believe that the State should be in the business of micromanaging the affairs of every school board. Instead, we should give them the power to make decisions and make them accountable back to the people who put them in office. In the case of this Bill, I applaud the intent by the Bill sponsor to create a band of $7,500 and give the school board flexibility to work within that band.
However, as is the case with most local Bills, this legislation only perpetuates the uneven and disproportionate operations of school boards in the State. I disagree with the idea that we should continue down the path of the General Assembly sending Bill after Bill setting different standards for different boards. Instead, I believe the General Assembly should enact statewide legislation that lets each community make these decisions.
For this reason, I have vetoed S. 603, R. 63.
Sincerely,
Mark Sanford
Governor
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 58, S. 174 by a vote of 43 to 1:
(R58) S. 174 (Word version) -- Senator Elliott: AN ACT TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE AND THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, SC 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 174 (Word version), R. 58. This veto is based upon my belief that S. 174, R. 58, is unconstitutional.
This Bill increases payments for each member of the Horry County Transportation Committee from $75 to $100 for each meeting attended. The Bill also allows an additional $100 payment to the chairman of this committee for each meeting.
The state Constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." South Carolina Constitution Article III, Section 34 (IX). The General Assembly has established a general statute that prohibits county transportation committees from using "C" funds to pay per diems as administrative expenses. See S.C. Code Section 12-28-2740(B), as amended. It is unconstitutional for the General Assembly to pass special legislation like S. 174, R. 58, in contravention of general law. Each county's transportation committee should be subject to the same general law either allowing or disallowing per diems. Legislation like S. 174, R. 58, demonstrates the policy basis for Article III, Section 34's, directive that special legislation be avoided in all cases where general legislation can be enacted.
Additionally, S. 174, R. 58, affects only Horry County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."
In summary, I believe the specific nature of S. 174, R. 58, renders this Act unconstitutional. For this reason, I am returning S. 174, R. 58, to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The following was received:
Columbia, S.C., June 6, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 327:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, 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 THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Very respectfully,
President
Received as information.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report with amendments on:
S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES-FOLLY REACH IN CHARLESTON HARBOR FOR THE LATE REAR ADMIRAL RICHARD E. BENNIS.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4233 (Word version) -- Reps. Lucas and Neilson: 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. LUCAS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. VICK objected.
Referred to Chesterfield Delegation
H. 4239 (Word version) -- Reps. Whipper, Brantley, Knight, Sellers, Allen, Anderson, Breeland, G. Brown, R. Brown, Hodges, Howard, Jennings and Rice: A BILL TO AMEND SECTION 8-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO CHANGE THE MAXIMUM AMOUNT OF ACTUAL DAMAGES AN EMPLOYEE MAY RECOVER FROM FIFTEEN THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS AND TO REMOVE THE LIMIT ON THE AMOUNT OF ATTORNEY FEES THAT A COURT MAY AWARD.
Referred to Committee on Judiciary
The following was introduced:
H. 4234 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MR. M. GAULT BEESON OF MARION COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4235 (Word version) -- Reps. Harrison, 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, 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, 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 COMMEND RICHLAND COUNTY SHERIFF LEON LOTT FOR PROVIDING OUTSTANDING LEADERSHIP IN THE AREAS OF LAW ENFORCEMENT AND QUALITY OF LIFE ISSUES IN RICHLAND COUNTY AND THROUGHOUT THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4236 (Word version) -- Rep. Hagood: A HOUSE RESOLUTION TO COMMEMORATE THE THIRD ANNUAL SWEETGRASS CULTURAL ARTS FESTIVAL TO BE HELD ON JUNE 8 AND 9, 2007, AS PART OF THE PICCOLO SPOLETO CELEBRATION AND TO WISH ITS ORGANIZERS EVERY SUCCESS.
The Resolution was adopted.
The following was introduced:
H. 4237 (Word version) -- Reps. Gambrell, 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, 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, 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 CONGRATULATE MR. ROBERT "BOB" BROWN OF SPARTANBURG COUNTY UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN FIFTY YEARS AS A CATTLE AUCTIONEER, AND TO EXTEND BEST WISHES FOR MANY YEARS OF HEALTH AND HAPPINESS TO COME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4238 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION STATING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO PLACE IN ABEYANCE THE PROVISIONS OF ACT 313 OF 2004 REQUIRING THE STATE PORTS AUTHORITY TO SELL THE MARINE TERMINAL OPERATIONS PROPERTY AT PORT ROYAL AND FURTHER REQUEST THAT THE STATE BUDGET AND CONTROL BOARD REEVALUATE THE PROPERTY AT PORT ROYAL TO DETERMINE THE BEST USE OF THE PROPERTY FOR THE BENEFIT OF THE STATE.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate Amendments to the following Bill were taken up for consideration:
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.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill 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 Senate Amendments to the following Bill were taken up for consideration:
H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Rep. CATO explained the Senate Amendments.
Rep. G. M. SMITH proposed the following Amendment No. 2A (Doc Name COUNCIL\AGM\18897MM07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION 1.A. Section 40-11-170 of the 1976 Code is amended to read:
"Section 40-11-170. A Notwithstanding the provisions of Chapter 1 or any other provision of law, the department may not assess a person costs associated with the investigation or prosecution, or both, of a case in which the person is found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170."
B. Section 40-11-370 of the 1976 Code, as amended by Act 32 of 2001, is further amended to read:
"Section 40-11-370. (A) It is unlawful to use the term 'licensed contractor' or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.
(B) It is unlawful to engage in construction under a name or license number other than the exact name or exact license number which that appears on the license issued pursuant to this chapter. 'Engaging in construction' includes marketing, advertising, using site signs, and submitting contracts. It is not a violation of this requirement does not include subsection, so long as an advertisement is not misleading, if the advertisement:
(1) advertising on vehicles a vehicle, which may use uses an abbreviated version of the license name so long as the advertising is not misleading; or
(2) substantially includes the name of the licensed person or entity.
(C)(1) An entity which that does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract.
(2) An entity that enters into a contract to engage in construction in a name other than the name that appears on its license licensed pursuant to this chapter may not bring an action either at law or in equity to enforce the provisions of the a contract to engage in construction only if either:
(a) the entity entered into the contract in the name that appears on its license; or
(b) the contract contained the license number that appears on the entity's license."
C. This SECTION takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
Reps. SKELTON and WALKER proposed the following Amendment No. 1A (Doc Name COUNCIL\AGM\18904MM07), which was adopted:
Amend the bill, as and if amended, SECTION 2, as found on pages 1-2, by adding after line 42 on page 2 the following:
/Section 59-25-360. A person who has completed all requirements of this article and has been hired by a school district has the same responsibilities and rights as other teachers hired by the district. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO ACQUIRE, CONSTRUCT, RENOVATE, REPAIR, FURNISH, AND EQUIP SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO THE PROVISION OF PUBLIC EDUCATION IN DILLON COUNTY BY MEANS OF ACQUISITION AGREEMENTS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIXTY MILLION DOLLARS SUBJECT TO THE APPROVAL OF A SALES AND USE TAX TO BE IMPOSED IN DILLON COUNTY; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO THESE ACQUISITION AGREEMENTS AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; TO AUTHORIZE EACH OF THE SEVERAL SCHOOL DISTRICTS IN DILLON COUNTY TO ISSUE GENERAL OBLIGATION BONDS WITHIN THE GENERAL OBLIGATION DEBT LIMIT IMPOSED BY ARTICLE X, SECTION 15 OF THE SOUTH CAROLINA CONSTITUTION OR PURSUANT TO THE FAVORABLE RESULTS OF A REFERENDUM IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS PRIOR TO JANUARY 1, 2018; TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED; TO AUTHORIZE THE USE OF THE PROCEEDS OF THESE BONDS TO MAKE PAYMENTS WITH RESPECT TO ACQUISITION AGREEMENTS ENTERED INTO BY THE DILLON COUNTY BOARD OF EDUCATION OR TO DEFRAY THE COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, RENOVATION, REPAIR, FURNISHING, AND EQUIPPING OF SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO PUBLIC EDUCATION BY EACH SCHOOL DISTRICT; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.
The Senate Amendments were agreed to, and the Bill 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 Senate Amendments to the following Bill were taken up for consideration:
H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Rep. WALKER explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4196 (Word version) -- Reps. G. Brown, Weeks, J. H. Neal, Lowe and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 521 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY".
H. 4217 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAK SMYRL OF KERSHAW COUNTY FOR HIS DISTINGUISHED CAREER AS AN ARTIST AND WRITER AND TO THANK HIM FOR LIGHTENING THE HEARTS OF UNCOUNTED SOUTH CAROLINIANS WITH HIS CARTOON HUMOR.
H. 4218 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION WELCOMING MR. TOM JOYNER AND THE TOM JOYNER MORNING "SKY SHOW" TO THE CITY OF SPARTANBURG ON JUNE 8, 2007, AND THANKING HIM AND THE TOM JOYNER FOUNDATION FOR HIGHLIGHTING THE ACHIEVEMENTS OF, AND PROVIDING FINANCIAL SUPPORT TO, SOUTH CAROLINA'S HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
H. 4220 (Word version) -- Reps. J. H. Neal, 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. 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 EXTEND A WARM WELCOME TO HIS EXCELLENCY ABDULSALAM ABUBAKAR, FORMER PRESIDENT OF NIGERIA, TO THE STATE OF SOUTH CAROLINA AS HE SPEAKS AT COLUMBIA'S BENEDICT COLLEGE, AND TO HONOR HIM FOR HIS CONTRIBUTIONS TO ESTABLISHING A DEMOCRATICALLY ELECTED GOVERNMENT IN NIGERIA.
At 5:57 p.m. the House, in accordance with the motion of Rep. HARRISON, adjourned in memory of former Representative and Circuit Court Judge Owens Taylor Cobb, Jr., of Columbia, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, November 3, 2016 at 4:01 P.M.