Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 7:10: "God is my shield, who saves the upright in heart."
Let us pray. Lord, protect these, Your people, as they represent what is right, what is good and pleasing. Be their guide both here and at home. Grant them Your blessings in dealing with all the resolutions, amendments, bills, and laws that come before them. Encourage and inspire these Representatives to do the right thing, according to what You want. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. CEIPS moved that when the House adjourns, it adjourn in memory of Lieutenant Commander Kevin Davis, a member of the "Blue Angels," which was agreed to.
The following was received:
Columbia, S.C., April 19, 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. 3509:
Very respectfully,
President
Received as information.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3943 (Word version) -- Rep. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-479.5 SO AS TO REQUIRE THE SIGNATURES OF BOTH SPOUSES AS SETTLORS OF AN IRREVOCABLE TRUST THAT
H. 3950 (Word version) -- Rep. Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO CREATE THE CHRONIC KIDNEY DISEASE INITIATIVE GOVERNING BOARD AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING MANAGING FUNDING AND IMPLEMENTING PROGRAMS TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT KIDNEY DISEASE.
Rep. KENNEDY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCARBOROUGH objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3952 (Word version) -- Rep. Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 13, TITLE 40 SO AS TO ESTABLISH THE ELECTROLOGY LICENSURE AND REGULATORY COMMITTEE, AN ADVISORY COMMITTEE UNDER THE STATE BOARD OF COSMETOLOGY; TO PROVIDE FOR THE COMMITTEE'S MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE FOR THE APPROVAL OF ELECTROLOGY EDUCATION PROGRAMS; TO PROVIDE FEES AND PENALTIES; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ELECTROLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3953 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, AND THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY; AND TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION
S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.
Referred to Committee on Judiciary
S. 175 (Word version) -- Senators Elliott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE
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.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT, SO AS TO ENACT THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, TO DEFINE TERMS, TO ESTABLISH DEADLINES TO COMPLY FOR PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO AMEND TITLE 8 BY ADDING CHAPTER 28, RELATING TO ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, SO AS TO AUTHORIZE
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.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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.
Referred to Sumter Delegation
The following was introduced:
H. 3944 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith and Spires: A HOUSE RESOLUTION TO COMMEND MRS. FRANCES PENNINGTON, DEPUTY DIRECTOR OF THE AIKEN COUNTY REGISTRATION AND ELECTIONS COMMISSION, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3945 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SHIRLEY STAPLES CARTER ON RECEIVING THE PRESTIGIOUS JOURNALISM ADMINISTRATOR OF THE YEAR AWARD FROM THE SCRIPPS HOWARD FOUNDATION, AND TO HONOR HER OUTSTANDING CONTRIBUTIONS TO JOURNALISM EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3946 (Word version) -- Reps. Hart, Duncan, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison,
Whereas, on Monday, April 16, 2007, the students and faculty of Virginia Polytechnic Institute and State University in Blacksburg, Virginia, became victims of the deadliest mass shooting in the history of the United States; and
Whereas, the ultimate toll in human suffering is yet a staggering and horrific unknown; and
Whereas, the people of South Carolina wish for all the citizens of our sister State of Virginia and, most particularly, the students and faculty of the university, to know by these presentiments that we deplore and condemn this senseless and despicable act; and
Whereas, our hearts go out to all who have suffered in this tragedy, and we pray God's healing mercies on the members of the university community and their families. 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, express to the students and faculty of Virginia Polytechnic Institute and State University the heartfelt
Be it further resolved that a copy of this resolution be forwarded to the President of Virginia Polytechnic Institute and State University, Dr. Charles W. Steger.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3947 (Word version) -- Reps. Talley and Kelly: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROEBUCK FIRE DISTRICT OF SPARTANBURG COUNTY UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, TO THANK ITS FIREFIGHTERS FOR THEIR OUTSTANDING SERVICE TO THE ROEBUCK COMMUNITY, AND TO EXTEND BEST WISHES TO THE FIRE DISTRICT FOR THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3948 (Word version) -- Reps. Huggins, McLeod, 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, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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,
The Resolution was adopted.
The following was introduced:
H. 3949 (Word version) -- Reps. Huggins, 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, 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 CONGRATULATE JACK AND GRACE HICKS ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.
The Resolution was adopted.
The following was introduced:
H. 3951 (Word version) -- Reps. Bales and G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF JOSEPH HAMPTON, JR., OF RICHLAND COUNTY AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO BE EXPENDED IN THE MANNER DETERMINED BY THIS STATE SUBJECT TO FEDERAL REQUIREMENTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman
Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Leach Limehouse Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Vick Viers Walker White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, April 24.
Richard Chalk Patsy Knight Bill Cotty Jackson "Seth" Whipper Anne Parks David Weeks Leon Howard
The SPEAKER granted Rep. WILLIAMS a leave of absence for today and tomorrow due to a conference out of town.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.
The SPEAKER granted Rep. RICE a leave of absence for the day.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the day.
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the day.
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to a family funeral.
The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. MITCHELL a leave of absence for the remainder of the day.
The SPEAKER granted Rep. KELLY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. GOVAN a leave of absence for the day.
Announcement was made that Dr. Leo Walker of Columbia 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. 3138 (Word version)
Date: ADD:
04/24/07 OWENS
Bill Number: H. 3143 (Word version)
Date: ADD:
04/24/07 G. BROWN
Bill Number: H. 3526 (Word version)
Date: ADD:
04/24/07 WHIPPER
Bill Number: H. 3526 (Word version)
Date: ADD:
04/24/07 LOFTIS
Bill Number: H. 3544 (Word version)
Date: ADD:
04/24/07 BALES
Bill Number: H. 3659 (Word version)
Date: ADD:
04/24/07 OWENS
Bill Number: H. 3751 (Word version)
Date: ADD:
04/24/07 NEILSON
Bill Number: H. 3751 (Word version)
Date: ADD:
04/24/07 WALKER
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 CLEMMONS
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 LIMEHOUSE
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 MULVANEY
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 WHIPPER
Bill Number: H. 3570 (Word version)
Date: ADD:
04/24/07 STAVRINAKIS
Bill Number: H. 3659 (Word version)
Date: ADD:
04/24/07 SCOTT
Bill Number: H. 3143 (Word version)
Date: ADD:
04/24/07 TOOLE
Bill Number: H. 3572 (Word version)
Date: ADD:
04/24/07 HART
Bill Number: H. 3659 (Word version)
Date: ADD:
04/24/07 MCLEOD
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 BARFIELD
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 LOFTIS
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 SCARBOROUGH
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 HAGOOD
Bill Number: H. 3765 (Word version)
Date: ADD:
04/24/07 STAVRINAKIS
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 THOMPSON
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 SCARBOROUGH
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 HAGOOD
Bill Number: H. 3024 (Word version)
Date: ADD:
04/24/07 BEDINGFIELD
Bill Number: H. 3569 (Word version)
Date: ADD:
04/24/07 WALKER
Bill Number: H. 3254 (Word version)
Date: ADD:
04/24/07 BEDINGFIELD
Bill Number: H. 3510 (Word version)
Date: ADD:
04/24/07 LOWE
Bill Number: H. 3751 (Word version)
Date: ADD:
04/24/07 BOWERS
Bill Number: H. 3569 (Word version)
Date: ADD:
04/24/07 BALLENTINE
Bill Number: H. 3569 (Word version)
Date: ADD:
04/24/07 HART
Bill Number: H. 3900 (Word version)
Date: ADD:
04/24/07 GULLICK
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3923 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD AT THE TIME OF THE GENERAL ELECTION INSTEAD OF THE SECOND TUESDAY OF MARCH, IN APPROPRIATE YEARS, BEGINNING IN 2010 AND 2012.
H. 3818 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO
H. 3828 (Word version) -- Reps. Cato, Loftis, Alexander, Duncan, Perry, Scott, Talley, Bales, Haskins, Witherspoon, Huggins, Bedingfield, Harrison, G. R. Smith, Bannister, Barfield, Battle, Branham, Chellis, Clemmons, Cooper, Crawford, Edge, Gambrell, Hardwick, Hayes, Jennings, Leach, Limehouse, Lowe, Mahaffey, Mitchell, Ott, Pinson, Rice, Sandifer, Scarborough, W. D. Smith, Taylor, Thompson, Vick, Viers, Walker and White: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 8, 2008, AT WHICH TIME IT IS DISSOLVED.
Rep. SANDIFER explained the Joint Resolution.
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
Rep. NEILSON explained the Bill.
The following Bill was taken up:
H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E. H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew,
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3270DW07), which was adopted:
Amend the bill, as and if amended, beginning on page 1 and line 35, by striking Section 6-23-20 in its entirety, as contained in SECTION 1, and inserting:
/ Section 6-23-20. The following terms whenever used or referred to in this chapter shall have the following respective meaning unless a different meaning clearly appears from the context:
(a)(1) 'Area generally served by the same electric supplier' shall mean means that area located in any county or counties of this State and assigned to an electric supplier by the Public Service Commission pursuant to the provisions of Section 58-27-640 and to the Public Service Authority by Article 3 of Title 58.
(b)(2) 'Bonds' shall mean electric revenue bonds, notes, certificates, or other obligations of indebtedness of a joint agency issued under pursuant to the provisions of this chapter and shall include refunding bonds.
(c)(3) 'Cost' or 'cost of a project' shall mean means, but shall is not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, or extension of any a project, including the cost of studies, plans, specifications, surveys, and estimates of costs
(d)(4) 'Governing body' shall mean means, with respect to a municipality, the board, council, commission, or other legislative body charged by law with governing the municipality.
(e)(5) 'Electric supplier' means any an electric utility regulated by the Public Service Commission, electric cooperative, or municipal electric system authorized to do business within the State or the Public Service Authority.
(f)(6) 'Joint agency' shall mean means a public body and body corporate and politic organized in accordance with pursuant to the provisions of this chapter.
(g)(7) 'Municipality' shall mean means a city or town created under pursuant to the laws of the State, or any agency, board, commission, or council thereof of it, that has owned for at least ten years a system or facilities for the generation, transmission, or distribution of electric power and energy for public and private uses.
(h)(8) 'Project' means any a system or facilities for the generation, transmission, and transformation, not distribution, of electric power and energy by any means whatsoever including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of the foregoing them or any right to the output, capacity, use, or services thereof of it.
(i)(9) 'State' shall mean means the State of South Carolina. /
Amend further, the first paragraph of Section 6-23-30, SECTION 1, page 3, beginning on line 16, by striking / ; provided, all municipal tenants-in-common shall be located within the area generally served by the same electric supplier; / and inserting / ; provided, all municipal tenants-in-common shall must be located within the area generally served by the same electric supplier; /.
When amended the first paragraph of Section 6-23-30 reads:
/(1) The governing body of two or more municipalities may determine, by resolution or ordinance, determine that it is in the best interests of the respective municipalities and their electric customers in accomplishing the purposes of this chapter to create a joint agency for the purpose of undertaking the planning, financing, development, acquisition, purchase, construction, reconstruction, improvement, enlargement, ownership, operation, and maintenance of a project or
"(B) The Public Service Commission is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consist of an electric generating plant or plants and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts, or which consist of electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or generating facilities, or for facilities for distribution or transformation, or any of them, of electric power and energy. However, the joint agency may not acquire or purchase projects or capacity if, after the purchase or acquisition, the joint power agency would own, contract for, or control generating resources exceeding one hundred eighty-five percent of the member municipalities historical territorial peak. In determining whether it is beneficial to the joint agency, the Public Service Commission shall take into consideration, but is not limited to, the following:
(1) the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;
(2) the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;
(3) the estimated useful life of the project;
(4) the estimated time necessary for the planning, development, acquisition, or construction of the project and the length
(5) the reliability and availability of existing or alternative power supply sources and the costs of the existing or alternative power supply sources; and
(6) the load forecast of capacity of a project and the utilization of the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project.; and
(7) effect of the proposed acquisition on the ability of the joint agency to satisfy existing financial and contractual obligations that it may have incurred in the acquisition of any previously acquired projects." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained 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:
H. 3722 (Word version) -- Reps. Scott, Govan, Rutherford, Whipper, Brantley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Breeland, G. Brown, R. Brown, Clyburn, Cobb-Hunter, Funderburk, Hart, Harvin, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Knight, Mack, McLeod, Miller, Mitchell, J. H. Neal, Ott, Parks, Sellers, Vick, Weeks and Williams: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO, AMONG OTHER THINGS, ESTABLISH A STATE POLICY TO ENCOURAGE THE DEVELOPMENT AND PROMOTE THE ACCOUNTABILITY OF PROFESSIONAL ENGINEERS; TO PROVIDE STAGGERED TERMS FOR MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REVISE THE CAP ON CIVIL FINES; TO AUTHORIZE THE BOARD TO WAIVE STATE LICENSING AND CREDENTIALING REQUIREMENTS DURING A STATE OF
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 11543AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-22-220(B)(2) on page 17, lines 21-40 and inserting:
/ (2) graduation in an approved engineering curriculum from a school or college approved by the board as being in satisfactory standing other than those in item (1), a baccalaureate degree program and completion of an engineering curriculum found to be substantially equivalent to an engineering curriculum accredited by EAC/ABET or graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of four or more years of progressive engineering work of a character satisfactory to the board and passing written or electronic NCEES examinations in engineering subjects designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited engineering curriculum, and passing of the examination as required in item (1). Upon graduation an applicant qualifying under this item may take the written or electronic examination as required by the board; however, the applicant may be certified as an engineer-in-training only after having first attained four years of progressive experience in engineering work of a character satisfactory to as required by the board. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained 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:
H. 3372 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-3312 SO AS TO PROVIDE THAT PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING INVOLVING THE SOUTH CAROLINA REVENUE PROCEDURES ACT ARE OPEN TO THE PUBLIC; TO AMEND SECTION 6-34-40, RELATING TO TAX CREDITS FOR RETAIL FACILITIES REVITALIZATION, SO AS TO MAKE A TECHNICAL CHANGE AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY PROMULGATE REGULATIONS IN CONNECTION WITH THESE CREDITS, BUT IS NOT REQUIRED TO; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITION OF "PERSON" FOR PURPOSES OF ADMINISTRATION OF TAXES BY THE DEPARTMENT OF REVENUE, SO AS TO ADD A DEFINITION FOR "INDIVIDUAL"; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICABILITY OF THE INTERNAL REVENUE CODE TO THIS STATE, SO AS TO PROVIDE FOR A TAXPAYER FILING A STATE RETURN WITH AN APPROVAL FROM THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CORRECT A CROSS REFERENCE AND TO FURTHER PROVIDE FOR AN ELECTION BY A TAXPAYER OWNING AN INTEREST IN A PASS-THROUGH BUSINESS FOR WHICH A PORTION OF THE ACTIVE INCOME IS RELATED TO HIS PERSONAL SERVICES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL SO AS TO PROVIDE FOR CERTIFICATION FROM A SUPERVISOR OF THE TAXPAYER CLAIMING THE DEDUCTION; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT CROSS REFERENCES AND TO FURTHER
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22832MM07), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 26 and SECTION 33B through K in their entirety.
"Section 12-4-535. (A) the department may issue a department determination directing the appropriate county official to comply with all applicable state law relating to the valuation, assessment, or taxation of property.
(B) Within fifteen days of the date the department determination is sent by first class mail or delivered to the county official, the official must respond in writing by first class mail or hand delivery to the department and state its agreement or disagreement with the department determination.
(C) If the county official disagrees with the department determination, the department may request a contested case hearing before the Administrative Law Court within thirty days after date the county disagreement notice was mailed or hand delivered. A request for a contested case hearing before the Administrative Law Court must be made in accordance with its rules."
SECTION ____. Section 12-4-320 of the 1976 Code is amended by adding an appropriately numbered item at the end:
"( ) enter into an installment payment agreement with a taxpayer."
SECTION ____. Section 12-6-40(A)(1)(a) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"(a) Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 20052006, and includes the effective date provisions contained in it."
SECTION ____.A. Section 12-6-50(2) of the 1976 Code is amended to read:
"(2) Sections 22 through 5354, 515, 853, 901 through 908, and 960 relating to tax credits;"
B. This section takes effect upon approval by the Governor and applies to tax years beginning after December 31, 2005.
SECTION ____. Section 12-6-3360(B)(5)(f) and (h) of the 1976 Code, as added by Act 161 of 2005 and Act 386 of 2006, respectively, is amended to read:
"(f) In a county in which one employer has lost at least 1,500 jobs in a calendar year, the credit allowed is one tier higher than the credit for which the county would otherwise qualify. The one-tier-higher
(h) In a county in which one employer has lost at least 1,500 jobs in calendar year 2006, the credit allowed is three tiers higher than the credit for which the county would otherwise qualify. The three-tier-higher credit allowed by this subsection is allowed for five taxable years beginning for jobs created in 2007 and 2008. This subsection does not apply to a job created in a county eligible for a higher tier pursuant to another provision of this section."
SECTION ____.A. Section 12-6-3362(B) of the 1976 Code, as added by Act 389 of 2006, is amended to read:
"(B) Beginning with the first full month wages are paid for year the new full-time jobs are created, the taxpayer is allowed a jobs tax credit in an amount equal to 8.33 percent of the maximum credit amount calculated pursuant to Section 12-6-3360(C)(2) each month, for not more than sixty consecutive months, multiplied by the number of new full-time jobs for which wages are paid for the full month five consecutive years. A credit is not allowed for any month a year in which the new employment full-time job increase falls below the minimum level of two. To claim the credits allowed pursuant to Section 12-6-3360(C)(2)(a), the minimum gross wages requirement is met if the gross wages paid for the month, when annualized, meet the minimum requirement."
B. This section takes effect upon approval by the Governor and applies to tax years beginning after December 31, 2005.
SECTION ____. Section 12-6-3585(A) of the 1976 Code, as added by Act 319 of 2006, is amended to read:
"(A) A taxpayer may claim as a credit against his state income tax imposed by Chapter 6 of Title 12, bank tax imposed by Chapter 11 of Title 12, license fees imposed by Chapter 20 of Title 12, or insurance premiums imposed by Chapter 7 of Title 38, or any combination of them, one hundred percent of an amount contributed to the Industry Partnership Fund at the South Carolina Research Authority, or an SCRA-designated affiliate, or both, pursuant to Section 13-17-88(E), up to a maximum credit of six hundred fifty thousand dollars for an individual taxpayer, not to exceed an aggregate credit of two million dollars for all taxpayers in tax year 2006; up to a maximum credit of one million three hundred thousand dollars for an individual taxpayer,
"(44) electricity used to irrigate crops or electricity used by greenhouses to irrigate plants;"
B. This section takes effect the first day of the second month after approval by the Governor.
SECTION ____. A. Section 12-36-2120(67) of the 1976 Code, as added by Act 384 of 2006, is amended to read:
"(67) effective July 1, 2011, construction materials used in the construction of a new or expanded single manufacturing and or distribution facility, or one that serves both purposes, with a capital investment of at least one hundred million in real and personal property at a single site in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51)."
B. Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a single manufacturing or distribution facility, as provided in item (67), is four percent for sales from July 1, 2007, through June 30, 2008, three percent for sales from July 1, 2008, through June 30, 2009, two percent for sales from July 1, 2009, through June 30, 2010, and one percent for sales from July 1, 2010, through June 30, 2011.
SECTION ____.A. Section 12-36-2120 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately numbered item at the end:
"( )(a) antitoxins, antivirals, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies purchased and stockpiled by the State of South Carolina for use only during a federal or state-declared emergency, major disaster, public health emergency, state of emergency, or influenza pandemic.
(b) antitoxins, antivirals, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies purchased by the State of South Carolina for use during the time period covered by a federal or state-declared emergency, major disaster, public health emergency, state of emergency, or influenza pandemic."
B. This section takes effect on approval by the Governor. However, notwithstanding the provisions of Section 12-60-470 and the effective date of this exemption, any sales tax or use tax paid to the retailer by the State of South Carolina Department of Health and Environmental Control on those transactions before the enactment of the exemption must be refunded to the South Carolina Department of Health and Environmental Control by the South Carolina Department of Revenue upon written application.
SECTION ____. Section 12-54-200(C) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(C) If A person is required to maintain a separate account, he must give the name of the financial institution, the account number, and other information the department requires. Taxes, penalties, and interest due must be withdrawn from the account by preprinted, consecutively numbered checks signed by a properly authorized officer, partner, manager, employee, or member of the taxpayer and made payable to the department. Monies deposited in the account may must not be commingled with other funds. The department, at its discretion, may apply Section 12-54-250, if the amount due from the taxpayer is twenty fifteen thousand dollars or more."
SECTION ____. Section 12-54-240(B) of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding appropriately numbered items at the end:
"( ) disclosure of information to the State Treasurer necessary for the administration and enforcement of the Uniform Unclaimed Property Act;
( ) exchange of information between the department, the Department of Commerce and its agency, the Venture Capital Authority, and the Department of Insurance for the purpose of registering and verifying the existence, possession, transfer, and use of tax credits pursuant to Chapter 45 of Title 11."
"(A)(1) The South Carolina Department of Revenue may require, consistent with the cash management policies of the State Treasurer, that any a person owing fifteen thousand dollars or more in connection with any return, report, or other document to be filed with the department or a withholding agent making at least twenty-four payments in a year pursuant to Section 12-8-1520(D) shall pay the tax liability to the State no later than the date the payment is required by law to be made, in funds which that are available immediately to the State on the date of payment. 'Payment in immediately available funds' may be made means payment by cash to the main office of the department before five o'clock p.m. or by any electronic means established by the department, with the approval of the State Treasurer, which ensures the availability settlement of those funds to in the State state's account on or before the banking day following the due date of payment the tax as provided by law.
(2) Evidence of the payment must be furnished to the department Initiation of the transfer of funds must occur on or before the due date of the tax as provided by law. If payment is made by means other than cash and settlement to the state's account does not occur on or before the banking day following the due date of the tax, payment is deemed to occur on the date settlement occurs.
(3) Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments.
(B) The department by rule may prescribe provide alternative periodic filing and payment dates later than the dates otherwise provided by law for any taxes collected by the department in those instances where it is considered to be in the best interest interests of the State. An alternative date may must not be later than the last day of the month in which the tax was otherwise due."
SECTION ____. Section 12-60-430 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(A) If a taxpayer fails or refuses to make a report or to file a return required by the provisions of this title or required to be filed with the department, the department may make an estimate of the tax liability from the best information available and issue a proposed assessment for the taxes, including penalties and interest.
(B) If the department determines a return or report filed by a taxpayer is frivolous, the department may make an estimate of the tax liability from the best information available and issue a proposed assessment for the tax, including penalties and interest.
(C) The information used by the department to estimate a tax liability pursuant to this section is admissible in any court of law in this State including the Administrative Law Court."
SECTION ____. Section 11-11-156(D) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(D) Notwithstanding any other another provision of this section, in the case of a redevelopment project area created pursuant to Chapter 6, 7, or 12 of Title 31, the reimbursements provided pursuant to this section for the property tax exemption allowed by Section 12-37-220(B)(47) must include full payment to each taxing entity for the incremental property tax that, in the absence of such exemption, would otherwise be payable to such taxing entity with respect to owner-occupied residential real property located in a redevelopment project area pursuant to the tax increment financing law for cities, counties, or redevelopment authorities. Such payment for incremental property taxes shall be calculated in accordance with the applicable tax increment financing law and shall be based on the assessed value of, and the school operating millage rate otherwise applicable to, the owner-occupied residential property in question the city or county creating the redevelopment project area for amounts that would have been payable to the special tax allocation fund created pursuant to that chapter if no such exemption existed."
SECTION ____. Section 11-45-55(I) of the 1976 Code, as added by Act 125 of 2005, is amended by adding at the end:
"(3) Notwithstanding Section 12-54-240(A), the authority, the Department of Commerce, the Department of Revenue, and the Department of Insurance may exchange information for the purpose of registering and verifying the existence, possession, transfer, and use of tax credits pursuant to this chapter."
SECTION ____. A taxpayer must not be penalized for following the provisions of Section 401 of the Federal Tax Increase Prevention and Reconciliation Act of 2005 for South Carolina purposes.
SECTION ____. The Department of Revenue may amend the 2007 Index of Taxpaying Ability, as defined in Section 59-20-20(3), for purposes of calculating the 2007 Index of Taxpaying Ability.
SECTION ____. A. Article 17, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-2252. (A) A taxpayer whose principal business in this State is (i) manufacturing or a form of collecting, buying, assembling, or processing goods and materials within this State, or (ii) selling, distributing, or dealing in tangible personal property within this State, shall make returns and pay annually an income tax that includes its income apportioned to this State. Its income apportioned to this State is determined by multiplying the net income remaining after allocation pursuant to Sections 12-6-2220 and 12-6-2230 by the sales factor defined in Section 12-6-2280.
(B) If a sales factor does not exist, the remaining net income is apportioned to the business's principal place of business."
B. This section takes effect upon approval by the Governor and applies for taxable years beginning after 2006.
SECTION ____. A. Article 17, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-2295. (A) The terms 'sales' as used in Section 12-6-2280 and 'gross receipts' as used in Section 12-6-2290 include, but are not limited to, the following items if they have not been separately allocated:
(1) receipts from the sale or rental of property maintained for sale or rental to customers in the ordinary course of the taxpayer's trade or business including inventory;
(2) receipts from the sale of accounts receivable acquired in the ordinary course of trade or business for services rendered or from the sale or rental of property maintained for sale or rental to customers in the ordinary course of the taxpayer's trade or business if the accounts receivable were created by the taxpayer or a related party. For purposes of this item, a related person includes a person that bears a relationship to the taxpayer as described in Section 267 of the Internal Revenue Code;
(3) receipts from the use of intangible property in this State including, but not limited to, royalties from patents, copyrights, trademarks, and trade names;
(4) net gain from the sale of property used in the trade or business. For purposes of this subsection, property used in the trade or business means property subject to the allowance for depreciation, real property used in the trade or business, and intangible property used in the trade or business which is:
(a) not property of a kind that properly would be includible in inventory of the business if on hand at the close of the taxable year; or
(b) held by the business primarily for sale to customers in the ordinary course of the trade or business;
(5) receipts from services if the entire income-producing activity is within this State. If the income-producing activity is performed partly within and partly without this State, sales are attributable to this State to the extent the income-producing activity is performed within this State;
(6) receipts from the sale of intangible property which are unable to be attributed to any particular state or states are excluded from the numerator and denominator of the factor.
(B) The terms 'sales' as used in Section 12-6-2280 and 'gross receipts' as used in Section 12-6-2290 do not include:
(1) repayment, maturity, or redemption of the principal of a loan, bond, or mutual fund or certificate of deposit or similar marketable instrument;
(2) the principal amount received under a repurchase agreement or other transaction properly characterized as a loan;
(3) proceeds from the issuance of the taxpayer's stock or from sale of treasury stock;
(4) damages and other amounts received as the result of litigation;
(5) property acquired by an agent on behalf of another;
(6) tax refunds and other tax benefit recoveries;
(7) pension reversions;
(8) contributions to capital, except for sales of securities by securities dealers;
(9) income from forgiveness of indebtedness; or
(10) amounts realized from exchanges of inventory that are not recognized by the Internal Revenue Code."
B. This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006.
SECTION ____.A. Section 12-6-2250 of the 1976 Code, as last amended by Act 384 of 2006, is further amended to read:
"Section 12-6-2250. A taxpayer whose principal business in this State is (i) manufacturing or any form of collecting, buying, assembling, or processing goods and materials within this State, or (ii) selling, distributing, or dealing in tangible personal property within this State, shall make returns and pay annually an income tax that includes its income apportioned to this State. Its income apportioned to this State is determined by multiplying the net income remaining after allocation pursuant to Sections 12-6-2220 and 12-6-2230 by a fraction,
(B) For taxable years beginning in 2007 through 2010 only, a taxpayer in subsection (A) shall apportion income by using the method provided in Section 12-6-2250(A) and, if applicable, the method provided in Section 12-6-2252. If the calculation permitted in Section 12-6-2252 results in a reduction in income allocated to this State, the reduction is allowed as follows:
Taxable year beginning in: Percentage of reduction allowed
2007 20
2008 40
2009 60
2010 80."
(C) For purposes of calculation of the license fee pursuant to Section 12-20-60, the percentage reduction is applied in the same manner as in subsection (B).
B. This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006.
SECTION ____.A. Section 12-6-2280 of the 1976 Code is amended to read:
"Section 12-6-2280. (A) The sales factor is a fraction in which the numerator is the total sales of the taxpayer in this State during the taxable year and the denominator is the total sales of the taxpayer everywhere during the taxable year.
(B) The term 'sales in this State' includes sales of goods, merchandise, or property received by a purchaser in this State other than the .United States Government. The place where goods are received by the purchaser after all transportation is completed is considered as the place at which the goods are received by the purchaser. Direct delivery into this State by the taxpayer to a person designated by a purchaser constitutes delivery to the purchaser in this State.
(C) The word 'sales' includes, but is not limited to:
(1) rentals from tangible personal property located in this State which are not separately allocated; and
(2) sales of intangible personal property and receipts from services if the entire income-producing activity is within this State. If the income-producing activity is performed partly within and partly without this State, sales are attributable to this State to the extent the income-producing activity is performed within this State. Sales of tangible personal property to the United States government are not included in the numerator or the denominator of the sales factor. Only sales for which the United States government makes direct payment to the seller pursuant to the terms of a contract constitute sales to the United States government.
(D) For purposes of this section, items included in sales are as provided in Section 12-6-2295."
B. This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006.
SECTION ____. Section 12-6-2290 of the 1976 Code is amended to read:
"Section 12-6-2290. If the principal profits or income of a taxpayer are derived from sources other than those described in Section 12-6-2250 or Section 12-6-2310, the taxpayer shall apportion its remaining net income using a fraction in which the numerator is gross receipts from within this State during the taxable year and the denominator is total gross receipts from everywhere during the taxable year. For purposes of this section, items included in gross receipts are as provided in Section 12-6-2295. "
B. This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2006.
"(6) In computing the depletion deduction pursuant to Internal Revenue Code Sections 611 through 613, a taxpayer who allocates or apportions income under pursuant to the provisions of Article 17 of this chapter has the option of:
(a) apportioning the deduction according to the appropriate South Carolina apportionment percentage provided in Sections 12-6-2250 12-6-2252 through 12-6-2310; or
(b) allocating the deduction to South Carolina with respect to mines, oil and gas wells, and other natural deposits located in this State. The amount allocated to South Carolina may not exceed fifty percent of the net income apportioned to South Carolina by Sections 12-6-2250 12-6-2252 through 12-6-2310."
B. Section 12-6-2240 of the 1976 Code is amended to read:
"Section 12-6-2240. All income remaining after allocation under pursuant to Sections 12-6-2220 and 12-6-2230 is apportioned in accordance with Sections 12-6-2250 Section 12-6-2252, or one of the special apportionment formulas provided in Sections 12-6-2290 through 12-6-2310."
C. Section 12-6-2290 of the 1976 Code is amended to read:
"Section 12-6-2290. If the principal profits or income of a taxpayer are derived from sources other than those described in Section 12-6-2250 12-6-2252 or Section 12-6-2310, the taxpayer shall apportion its remaining net income using a fraction in which the numerator is gross receipts from within this State during the taxable year and the denominator is total gross receipts from everywhere during the taxable year. For purposes of this section, items included in gross receipts are as provided in Section 12-6-2295."
D. Sections 12-6-2250, 12-6-2260, and 12-6-2270 are repealed.
E. This section takes effect for tax years after 2010.
SECTION ____. A. Section 12-6-590(B) of the 1976 Code is amended to read:
"(B) If Internal Revenue Code Section 1374 (Tax Imposed on Certain Built-In Gains and Capital Gains) or 1375 (Tax Imposed on Certain Passive Investment Income) imposes a federal income tax, a South Carolina tax is similarly imposed using the rates set forth in Section 12-6-530. If the exception in Internal Revenue Code Section 1374(c) is effective for federal tax purposes, then this exception is applicable for South Carolina income tax purposes. A taxpayer who is a shareholder in a bank, as defined in Section 581 of the IRC, having a
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18785MM07), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 4-12-30(C), (D), and (K) of the 1976 Code, as last amended by Act 384 of 2006, is further amended to read:
"(C)(1) From the end of the property tax year in which the sponsor and the county execute an inducement agreement, the sponsor has five years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the sponsor and the county execute the initial lease agreement, the sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the sponsor does not anticipate completing the project within five years, the sponsor may apply to the county before the end of the five-year period for making the minimum investment for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing, and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed five years. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or
(3) For those sponsors that, after qualifying pursuant to (D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year period for completing the project is fifteen years.
(4) The annual fee provided by subsection (D)(2) is available for no more than twenty years for an applicable piece of property, unless extended for up to an additional ten years by resolution of the county. For projects completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years, unless extended for up to an additional ten years as provided in this item, to a maximum total of thirty forty years for the fee for a single project which has been granted an extension. For those sponsors qualifying under subsection (D)(4), the annual fee is available for no more than thirty years for an applicable piece of property and for those projects placed in service in more than one year the annual fee is available for a maximum of forty years, or for those sponsors qualifying pursuant to subsection (C)(3), forty-five years.
(5) Annually, during the time period allowed to meet the minimum investment level, the sponsor shall provide the total amount invested to the appropriate county official.
(D)The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property is subject to an annual fee payment, as provided in Section 4-12-20.
(b) Any undeveloped land before being developed and placed in service, is subject to an annual fee payment as provided in Section 4-12-20. The time during which fee payments are made under Section 4-12-20 is not considered part of the maximum periods provided in subsections (C)(2) through (C)(4), and a lease is not considered an "initial lease agreement" for purposes of this subsection until the first day of the calendar year for which a fee payment is due under item (2) in connection with the lease.
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, or four percent of those projects qualifying pursuant to subsection (D)(4), a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the department as follows:
( i) for real property, using the original income tax basis for South Carolina income tax purposes without regard to depreciation, if real property is constructed for the fee or is purchased in an arm's length transaction; otherwise, the property must be reported at its fair market value for ad valorem property tax purposes as determined by appraisal. The fair market value estimate established for the first year of the fee remains the fair market value of the real property for the life of the fee; and
(ii) for personal property, using the original tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the sponsor is not entitled to any extraordinary obsolescence.
(b) an annual payment as provided in subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes is due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(4)(a) The assessment ratio may not be lower than four percent:
( i) in the case of a single sponsor investing at least one hundred fifty million dollars, resulting in a total investment of at least three hundred million dollars when added to previous investments by a sponsor, and creating at least one hundred twenty-five new full-time jobs at a project;
(ii) in the case of a single sponsor investing at least four six hundred million dollars and which is creating at least two hundred new full-time jobs at a project in this State;
(iii) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; or
(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a).
(b) The new full-time jobs requirement of this item does not apply in the case of a sponsor which for more than the twenty-five years ending on the date of the agreement paid more than fifty percent of all property taxes actually collected in the county.
(c) In an instance in which the governing body of a county has by contractual agreement provided for a change in fee in lieu of taxes arrangements conditioned on a future legislative enactment, any new enactment shall not bind the original parties to the agreement unless the change is ratified by the governing body of the county.
(5) Notwithstanding the use of the term "assessment ratio", a sponsor qualifying for the fee may negotiate an inducement agreement with a county using differing assessment ratios for different assessment years or levels of investment covered by the inducement agreement. However, the lowest assessment ratio allowed is the lowest ratio for which the sponsor may qualify under this section.
(K)(1) For a project not located in an industrial development park, as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable, but without regard to an exemption otherwise available to the project pursuant to Section 12-37-220 for that year.
(2) For a project located in an industrial development park, as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(3)(a) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds or the requirements of Section 4-29-68(A)(4) to offset improvement costs by providing a credit against the fee due from a sponsor. A direct payment of cash may not be made to the sponsor:
( i) for a project not located in an industrial development park, to the extent that the cumulative credit taken does not exceed the lesser of:
A. the improvement costs of the project; or
B. the county's share of fees distributed from the project pursuant to Section 4-12-30(B);
(ii) for a project located within an industrial development park, to the extent that the cumulative credit taken does not exceed the lesser or:
A. the improvement costs of the project; or
B. the total amount of fees the county is entitled to retain pursuant to the industrial development park agreement.
(b) For purposes of item (3), improvement costs include the cost of designing, acquiring, constructing, improving, or expanding:
( i) the infrastructure serving the project; and
(ii) improved and unimproved real property, buildings, and structural components of buildings used in the operation of a project in order to enhance economic development.
(4) Misallocations of the distribution of the fee in lieu of taxes on the project pursuant to this chapter may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations. To the extent distributions are made improperly in previous years, a claim for adjustment must be made within one year of the distribution."
"(4)(a) The assessment ratio may not be lower than four percent:
( i) in the case of a single sponsor investing at least one hundred fifty million dollars, resulting in a total investment of at least three hundred million dollars when added to previous investments by a sponsor, and which is creating at least one hundred twenty-five new full-time jobs at the project;
(ii) in the case of a single sponsor investing at least four six hundred million dollars and which is creating at least two hundred new full-time jobs at the project in this State;
(iii) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; or
(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a).
(b) The new full-time jobs requirement of this item does not apply in the case of a business that paid more than fifty percent of all property taxes actually collected in the county for more than the twenty-five years ending on the date of the inducement agreement.
(c) In an instance in which the governing body of a county has provided, by contractual agreement, for a change in fee in lieu of taxes arrangements conditioned on a future legislative enactment, a new enactment does not bind the original parties to the agreement unless the change is ratified by the governing body of the county."
SECTION ___. Section 12-6-3620(A) of the 1976 Code, as added by Act 386 of 2006, is amended to read:
"(A) For taxable years beginning after 2006, there is allowed a tax credit against the tax imposed pursuant to Section 12-6-530 for twenty-five percent of the costs incurred by a taxpayer for use of methane gas taken from a landfill to provide power energy for a manufacturing facility."
SECTION ___. Section 12-43-220(a) of the 1976 Code is amended to read:
"(a) All real and personal property owned by or leased to manufacturers and utilities and used by the manufacturer or utility in
(1) Real property owned by or leased to a manufacturer and used primarily for research and development is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section. The term "research and development" means basic and applied research in the sciences and engineering and the design and development of prototypes and processes.
(2) Real property owned by or leased to a manufacturer and used primarily as an office building is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section if the office building is not located on the premises of or contiguous to the plant site of the manufacturer.
(3) Real property owned by or leased to a manufacturer and used primarily for warehousing and wholesale distribution of clothing and wearing apparel is not considered used by a manufacturer in the conduct of the business of the manufacturer for purposes of classification of property under item (a) of this section if the property is not located on the premises of or contiguous to the manufacturing site of the manufacturer."
SECTION ___. A. Section 12-44-10 of the 1976 Code is amended to read:
"Section 12-44-10. This act may be cited as the 'Fee in Lieu of Tax Simplification Act of 1997."
B. Section 12-44-30(7), (14), and (20) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(7)(a) 'Enhanced investment' means a project which results in a total investment:
(a)( i) by a single sponsor of at least two hundred million dollars, resulting in a total investment of at least four hundred million dollars when added to the previous investments, and creating at least two hundred investing at least one hundred fifty million dollars and creating at least one hundred twenty-five new full-time jobs at the project;
(b )(ii) by a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project;
(c) by a single sponsor investing at least six hundred million dollars in this State;
(d)(iii) at least four hundred million dollars in the building of a project consisting of gas-fired combined-cycle power facility by a sponsor which creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project and invests an additional five hundred million dollars in this State. The investment must be made by a sponsor which consists of a corporation, its subsidiaries, and its limited liability companies. The new full-time jobs requirement of this subsection does not apply to a taxpayer which paid more than fifty percent of all property taxes actually collected in the county for more than twenty-five years ending on the date of the fee agreement; or
(e)(iv) that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a).
(b) The new full-time jobs requirement of this item does not apply in the case of a sponsor which, for more than the twenty-five years ending on the date of the fee agreement, paid more than fifty percent of all property taxes actually collected in the county.
(14) 'Minimum investment' means a project that results in a total level of investment by a sponsor of not less than five in the project of at least two and one-half million dollars that must be invested within the investment period. If a county has an average annual unemployment rate of at least twice the state average during the last twenty-four month period based on data available on the most recent November first, the minimum investment is one million dollars. The department shall designate these reduced investment counties by December thirty-first of each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The designations are effective for a sponsor whose fee agreement is signed in the calendar year following the county designation. For all purposes of this chapter, the minimum investment may include amounts expended by a sponsor or sponsor affiliate as a nonresponsible party in a voluntary cleanup contract on the property pursuant to Article 7, Chapter 56 of Title 44, the Brownfields Voluntary Cleanup Program, if the Department of Health and Environmental Control certifies completion of the cleanup. If the amounts under the Brownfields Voluntary Cleanup Program equal at least one million dollars, the investment threshold requirement of this chapter is deemed to have been met.
(20) 'Termination date' means the date which is the last day of a property tax year which is the nineteenth year following the first property tax year in which an applicable piece of economic
"(E) If a fee agreement is not executed within five years after the inducement resolution agreement is adopted executed by the sponsor and the county council, the real property or tangible personal property of a sponsor for which expenditures have been incurred by the sponsor with respect to the project do not qualify as economic development property." /
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. E. H. PITTS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20315SD07), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 53-1-150(B) of the 1976 Code, as last amended by Act 134 of 1995, is further amended to read:
"(B) The provisions of Chapter 1 of Title 53 do not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A). After a county area has collected more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the exclusion from the provisions of Chapter 1 of Title 53 will continue from year to year irrespective of whether revenue falls below nine hundred thousand dollars in subsequent years." /
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Reps. HINSON and LIMEHOUSE proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\9993SSP07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 62, Title 12 of the 1976 Code is amended to read:
Section 12-62-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.
Section 12-62-20. For purposes of As used in this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce, including the South Carolina Film Commission and the Coordinating Council for Economic Development.
(3) 'Live sporting event' means a scheduled sporting competition, game, or race that is not originated by a production company, but originated solely by an amateur, collegiate, or professional organization, institution, or association for live or tape-delayed television or satellite broadcast. The term does not include commercial advertising, an episodic television series, a television pilot, music video, motion picture, or documentary production where any sporting events are presented through archived historical footage or similar footage depicting earlier live sporting events that originated more than thirty days before the time of the usage.
(4) 'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term 'motion picture' does not include the production of television coverage of news and athletic live sporting events or a production produced by a motion picture production company if records, as
(4)(5) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on taxes owed or a loan made by the State, or political subdivision or a loan guaranteed by the State.
(5)(6) 'Payroll' means salary, or wages, or other compensation subject to South Carolina income tax withholdings.
(6)(7) 'Secretary' means the Secretary of the Department of Commerce or his designee.
Section 12-62-30. A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state and local sales and use taxes administered and collected by the Department of Revenue on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic live sporting events is specifically excluded from the provisions of this chapter.
Section 12-62-40. (A) A motion picture production company that intends to film all or parts of a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the secretary.
(3) Once the application is approved by the secretary, the The Department of Revenue shall issue a sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary.
(D) A motion picture production company that is approved and receives a sales and use tax exemption certificate but fails to expend two hundred fifty thousand dollars in South Carolina within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture in South Carolina.
Section 12-62-50. (A)(1) The South Carolina Film Commission department may rebate to a motion picture production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture or pictures. The rebate may not exceed fifteen twenty percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed
(2)(a) For purposes of this section, an employee is an individual directly involved in the filming physical production or post-production of a motion picture performed in South Carolina and who is an employee of a:
( i) motion picture production company that is directly involved in the filming physical production or post-production of a motion picture in South Carolina; or
(ii) personal service corporation retained by a motion picture production company to provide persons used directly in the filming physical production or post-production of a motion picture in South Carolina; or
(iii) payroll services or loan out company that is retained by a motion picture production company to provide employees who work directly in the filming physical production or post-production of a motion picture in South Carolina.
(b) For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding withheld and remitted to the Department of Revenue by a company described in item (2)(a).
(3) The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming in South Carolina the rebate is applied for, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue department, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company. A personal services corporation, payroll services company, or loan out company which is a subcontractor to another
(B)(1) The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming physical production or post-production activity in South Carolina in connection with the motion picture, whichever is later. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming physical production or post-production activity in South Carolina is complete. The motion picture production company must shall provide the information the department considers necessary to determine if the one million dollar expenditure requirement has been met.
(2) A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes or loans due and owing the State or political subdivisions at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State or political subdivisions, the motion picture production company is may be permanently barred from claiming the rebate.
(3) The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(C) A motion picture production company claiming a rebate pursuant to this section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production company claiming the rebate, at the time of filing, must provide a report to both the commission and the department that includes the project's name, the name of each employee that worked on the motion picture, the social security number for each employee, the dates
(D) For purposes of this section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department and the Department of Revenue may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.
Section 12-62-55. At the time the motion picture production company is certified by the department, it may make, with the approval of the coordinating council department, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 or 12-62-60 to a designated trustee. The assignment shall specify whether one or both rebates are being assigned. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the council motion picture production company to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The qualifying motion picture production company must file an application for the assignment with the secretary department no later than thirty days after filming begins in South Carolina.
Section 12-62-60. (A)(1) An amount equal to twenty-six percent of the general fund portion of admissions tax collected by the State of South Carolina for this State in the previous fiscal year plus ten million dollars must be appropriated annually to the department in the general appropriations act and these appropriations must be funded made available annually by September first to the department for the exclusive use of the South Carolina Film Commission. The department
(2) This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(B) Up to seven percent of the amount provided appropriated to the department in pursuant to subsection (A) may be used exclusively for marketing and special events.
(C) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development department. The Coordinating Council for Economic Development department may adopt prescribe rules, and promulgate regulations policies, and procedures for the application for and award of the rebate.
(D) An additional one percent of the general fund portion of admissions tax collected by the State of South Carolina this State for the previous fiscal year must be funded appropriated to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt may prescribe rules, and promulgate regulations policies, and procedures necessary to administer this section. Unexpended funds from this source may be carried over appropriation may carry forward to the next and succeeding fiscal years and must be used for the same purposes.
(E) The department shall report annually to the coordinating council on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.
Section 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal within three business days that determination of underutilization to the State Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture, but only properties used directly in filming and not as support locations are covered by this provision. A property may be used for a total of only twenty-one thirty days without location or facility fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the motion picture production company. State-owned or political subdivision- owned properties also may recoup a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property' s normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision, and each production company may designate only four locations a film a day.
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment and development of motion pictures and the motion picture industry in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act', except that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.
Section 12-62-100. To the extent not already provided, the department may adopt prescribe rules and promulgate regulations to carry out the intent and purposes of this chapter." /
Renumber sections to conform
Amend title to conform
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name COUNCIL\AGM\18787MM07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 6-5-10(a) of the 1976 Code is amended to read:
"(a) The governing body of any municipality, county, school district, or other local government unit or political subdivision and county treasurers may invest money subject to their control and jurisdiction in:
(1) Obligations of the United States and its agencies thereof; , the principal and interest of which is fully guaranteed by the United States;
(2) Obligations issued by the Federal Financing Bank, Federal Farm Credit Bank, the Bank of Cooperatives, the Federal Intermediate Credit Bank, the Federal Land Banks, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Housing Administration, and the Farmers Home Administration, if, at the time of investment, the obligor has a long-term, unenhanced, unsecured debt rating in one of the top two
(23)(i) General obligations of the State of South Carolina or any of its political units; or (ii) revenue obligations of the State of South Carolina or its political units, ifat the time of investment, the obligor has a long-term, unenhanced, unsecured debt rating in one of the top two ratings categories, without regard to a refinement or gradation of rating category by numerical modifier or otherwise, issued by at least two nationally recognized credit rating organizations;
(34) Savings and Loan Associations to the extent that the same are insured by an agency of the federal government;
(45) Certificates of deposit where the certificates are collaterally secured by securities of the type described in (1) and (2) above held by a third party as escrow agent or custodian, of a market value not less than the amount of the certificates of deposit so secured, including interest; provided, however, such collateral shall not be required to the extent the same are insured by an agency of the federal government.
(56) Repurchase agreements when collateralized by securities as set forth in this section.
(67) No load open-end or closed-end management type investment companies or investment trusts registered under the Investment Company Act of 1940, as amended, where the investment is made by a bank or trust company or savings and loan association or other financial institution when acting as trustee or agent for a bond or other debt issue of that local government unit, political subdivision, or county treasurer if the particular portfolio of the investment company or investment trust in which the investment is made (i) is limited to obligations described in items (1), (2), (3) and (56) of this subsection, and (ii) has among its objectives the attempt to maintain a constant net asset value of one dollar a share and to that end, value its assets by the amortized cost method.
(78) A political subdivision receiving Medicaid funds appropriated by the General Assembly in the annual general appropriations act may utilize appropriated funds and other monies generated by hospital operations to participate in principal protected investments in the form of notes, bonds, guaranteed investment contracts, debentures, or other contracts issued by a bank chartered in the United States or agency of a bank if chartered in the United States, financial institution, insurance company, or other entity which provides
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. HARRELL and COOPER proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20311SD07), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. 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-
$ 0 $2,630 2.5% Times the amount
2,630 5,260 3% Times the amount less $13
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. MAHAFFEY moved to adjourn debate on the Bill, which was rejected.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING
The following Bill was taken up:
H. 3568 (Word version) -- Reps. Thompson and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR AGRICULTURAL REAL PROPERTY THAT DOES NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF THE PROPERTY TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9970HTC07), which was adopted:
Amend the bill, as and if amended, by striking Section 12-43-233, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 12-43-233. (A) In addition to and incidental to the uses required for real property to be classified as agricultural real property pursuant to Sections 12-43-220(d), 12-43-230(a), and 12-43-232, and applicable regulations, uses of tracts of agricultural real property for 'agritourism' purposes is deemed an agricultural use of the property to the extent agritourism is not the primary reason any tract is classified as agricultural real property but is supplemental and incidental to the primary purposes of the tract's use for agriculture, grazing, horticulture, forestry, dairying, and mariculture. These supplemental and incidental agritourism uses are not an 'other business for profit' for purposes of this Section 12-47-230(2). For purposes of this section, agritourism uses include, but are not limited to: wineries, educational tours, education barns, on-farm historical reenactments, farm schools,
(B) The Department of Revenue by regulation may further define those uses qualifying as agritourism and appropriate definitions for 'supplemental and incidental' as used in this section./
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained 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:
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9968HTC07), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1 and 3 and inserting:
/SECTION 1. (A) The General Assembly finds that:
(1) The Governmental Accounting Standards Board (GASB) has issued new standards to account for post-employment benefits (OPEB) other than pensions for public employees.
(2) South Carolina currently provides OPEB benefits in the form of state health and dental insurance and basic long term disability income benefit plan on a "pay as you go" basis to retirees and that this method of payment does not address the future funding needs under the new GASB OPEB accounting standards.
(3) It is desirable to establish trust funds as provided in this act so that these post-employment benefits and the liabilities they give rise to may be determined currently in a manner similar to the way in which pension fund liabilities are reported.
(B) The General Assembly further finds that bringing the accounting for OPEB into compliance with new GASB standards is solely for the purpose of GASB compliance and the trust funds established by this act and other changes in OPEB contained in this act do not in any way limit the authority of the General Assembly to alter
"Section 1-11-703. As used in this article:
(1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs.
(2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items.
(3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, individual entry age, frozen attained age, frozen entry age, and projected unit credit methods.
(4) 'Actuarial present value of total projected benefits' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment.
(5) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund.
(6) 'Actuarially sound' means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the
(7) 'Administrative expenses' means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses.
(8) 'LTDI Trust Fund' means the Long Term Disability Insurance Trust Fund established pursuant to Section 1-11-707 to fund benefits under the State's Basic Long Term Disability (BLTD) Income Benefit Plan.
(9) 'Board' means the State Budget and Control Board.
(10) 'Employee insurance program' or 'EIP' means the office of the board designated by the board to operate insurance programs pursuant to this article.
(11) 'IBNR' means unpaid health claims incurred but not reported. The liability for IBNR claims is actuarially estimated based on the most current historical claims experience of previous payments, inflation, award trends, and estimates of health care trend changes.
(12) 'Operating account' means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid.
(13) 'State-covered entity' means state agencies and institutions, however described, and school districts. It also includes political subdivisions of the State that participate in the state health and dental plans.
(14) 'State health and dental plans' means any insurance program administered by the employee insurance program pursuant to this article.
(15) 'SCRHI Trust Fund' means the South Carolina Retiree Health Insurance Trust Fund established pursuant to Section 1-11-705 to fund the employer cost for health benefits for retired state employees and retired public school district employees.
(16) 'State Retirement System' or 'State Retirement Systems' means all retirement systems established pursuant to Title 9 except for the National Guard Retirement System.
(17) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial
(18) 'Trust fund paid premiums' means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. When it is expressed as a percentage of trust fund paid premiums, it means that the SCRHI Trust Fund shall pay the stated percentage of the employer premiums, with the retiree paying the balance of the employer premiums and the entire employee premium.
Section 1-11-705. (A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Retiree Health Insurance Trust Fund (SCRHI Trust Fund) to provide for the employer costs of retiree post-employment health insurance benefits for retired state employees and retired employees of public school districts. Earnings on the SCRHI Trust Fund must be credited to it and unexpended funds carried forward in it to succeeding fiscal years.
(B) The board is the trustee of the SCRHI Trust Fund.
(C) The employee insurance program shall administer the SCRHI Trust Fund.
(D) The employee insurance program shall engage actuarial and other services as required to transact the business of the SCRHI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the board regarding operation of the SCRHI Trust Fund.
(E) Upon recommendations of the actuary, the board shall adopt generally accepted and reasonable actuarial assumptions and methods for the operation and funding of the SCRHI Trust Fund as it considers necessary and prudent. The actuarial assumptions and methods adopted by the board must be appropriate for the purposes at hand and must be reasonable, individually and in the aggregate, taking into account the experience of the plan and reasonable expectations. Utilizing the actuarial assumptions most recently adopted by the board, the actuary engaged by the employee insurance program shall set the annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund.
(F) The board may adopt rules and promulgate regulations as necessary for the proper administration of the SCRHI Trust Fund.
(G) The Retirement System Investment Commission established pursuant to Chapter 16 of Title 9 shall invest and reinvest the funds of
(H) The board annually shall determine the minimum annual required contributions to the SCRHI Trust Fund on an actuarially sound basis in accordance with Governmental Accounting Standards Board Statement No. 45, or any other Governmental Accounting Standards Board statements that may be applicable to the SCRHI Trust Fund.
(I) The board shall fund the SCRHI Trust Fund:
(1) through the employer contributions for the South Carolina Retirement Systems as provided in Section 1-11-710(A)(2). The total employer contributions collected from the State and school districts for post-employment benefits must be transferred immediately to the SCRHI Trust Fund for investment, reinvestment, and the payment of post-employment benefits; and
(2) by transfer of the Employee Insurance Program as of January thirty-first of each calendar year to the trust fund from the employee insurance program's operating account, the cash balance in the operating account in excess of one hundred forty percent of the actuarially-determined IBNR reserves of the State's health plans as of December thirty-first of the preceding year. On the reference date, an initial transfer must take place applicable to the cash balance as of December 31, 2006.
(J) Each month, the employee insurance program shall determine the monthly amount of the state-funded employer premium with respect to retired state employees and retired public school district employees who are eligible for state-paid employer premiums pursuant to Section 1-11-730, and shall transfer this amount to the operating account from the SCRHI Trust Fund. In addition, the employee insurance program shall transfer the total cost of post-employment benefits for retirees and their dependents, net of premium contributions
(K) The funds of the SCRHI Trust Fund may only be used for the payment of employer-provided other post-employment benefits under the terms of the state health and dental plans. The administrative costs related to the administration of the SCRHI Trust Fund, and the investment and reinvestment of its funds, may be funded from the earnings of the SCRHI Trust Fund.
(L) As a trust, the funds of the SCRHI Trust Fund are not assets of the state or the school districts or their respective agencies. The contributions to the SCRHI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the state health and dental plans of other post-employment benefits provided pursuant to the state health and dental plans.
Section 1-11-707. (A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Long Term Disability Insurance Trust Fund (LTDI Trust Fund) to provide for the payment of benefits under the State's Basic Long Term Disability Income Benefit Plan. Earnings on the LTDI Trust Fund must be credited to it and unexpended funds carry forward in it to succeeding fiscal years.
(B) The board is the trustee of the LTDI Trust Fund.
(C) The employee insurance program shall administer the LTDI Trust Fund.
(D) The employee insurance program shall engage actuarial and other services as required to transact the business of the LTDI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the board regarding operation of the LTDI Trust Fund.
(E) Upon recommendations of the actuary, the board shall adopt generally accepted and reasonable actuarial assumptions and methods for the operation and funding of the LTDI Trust Fund as it considers necessary and prudent. The actuarial assumptions and methods adopted by the board must be appropriate for the purposes at hand and must be reasonable, individually and in the aggregate, taking into account the experience of the plan and reasonable expectations. Utilizing the actuarial assumptions most recently adopted by the board, the actuary engaged by the employee insurance program shall set the annual actuarial valuations of normal cost, actuarial liability, actuarial
(F) The board may adopt policies and procedures as necessary for the proper administration of the LTDI Trust Fund.
(G)The Retirement System Investment Commission created pursuant to Chapter 16 of Title 9 shall invest and reinvest the funds of the LTDI Trust Fund as funds of a retirement system are invested pursuant to Section 9-1-1310 and Chapter 16 of Title 9 except where not allowed pursuant to Section 11, Article X of the Constitution of this State. The chief investment officer shall consult with the Employee Insurance Program and the Employee Insurance Program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the Employee Insurance Program with regard to payment of LTDI claims. The annual investment plan for the LTDI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year.
(H) The board annually shall determine the minimum annual required contributions to the LTDI Trust Fund on an actuarially sound basis in accordance with Governmental Accounting Standards Board Statement No. 45, or any other Governmental Accounting Standards Board statements that may be applicable to the LTDI Trust Fund.
(I) The board shall increase the employer contributions used to fund the BLTD Plan by an amount equal to or greater than the minimum annual required contribution for the LTDI Trust Fund as determined in subsection (H) of this section. The increased employer contributions remitted to the employee insurance program under this subsection must be deposited in the LTDI Trust Fund.
(J) Each month, the employee insurance program shall transfer to the operating account from the LTDI Trust Fund the amount invoiced by the third-party administrator for the BLTD Plan for payment of LTDI claims, including reasonable expenses associated with claims administration of the BLTD Plan.
(K) The assets of the LTDI Trust Fund may only be used for the payment of the State's claims under the BLTD Plan along with reasonable expenses associated with the operation of the BLTD Plan, and the assets of the LTDI Trust Fund may not be used for any other purpose. The administrative costs related to the administration of the LTDI Trust Fund, and the investment and reinvestment of its funds, must be funded from the earnings of the LTDI Trust Fund.
(L) As a trust, the funds of the LTDI Trust Fund are not assets of the state or the school districts or their respective agencies. The contributions to the LTDI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the State Basic Long Term Disability Income Benefit Plan of other post-employment benefits provided pursuant to the State Basic Long Term Disability Income Benefit Plan.
Section 1-11-709. The Retirement System Investment Commission, on the terms and with the fees it considers prudent, may contract with an employer trust or a multi-employer trust to invest trust fund assets for trusts created solely to fund OPEB liabilities of political subdivisions of the State related to retiree health premiums for employees of political subdivisions of the State. If the Retirement System Investment Commission enters into a contract to provide investment services to an employer trust fund or multi-employer trust fund pursuant to this section, the commission may invest the assets of that trust fund as funds of a retirement system are invested pursuant to Section 9-1-1310 and Chapter 16 of Title 9, except where not allowed pursuant to Section 11, Article X of the Constitution of this State." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. COOPER and KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10014HTC07), which was adopted:
Amend the bill, as and if amended, by striking subsections (F), (G), and (I) of Section 1-11-705, as contained in SECTION 3, beginning on page 3789-4 and inserting:
/ (F) The board may adopt policies and procedures as necessary for the proper administration of the SCRHI Trust Fund.
(G) (1)The funds of the SCRHI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees.
(2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the SCRHI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the SCRHI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year.
(I)The board shall fund the SCRHI Trust Fund:
(1) through the employer contributions for the South Carolina Retirement Systems as provided in Section 1-11-710(A)(2). The total employer contributions collected from the State and school districts for post-employment benefits must be transferred immediately to the SCRHI Trust Fund for investment, reinvestment, and the payment of post-employment benefits;
(2) by transfer of the Employee Insurance Program as of January thirty-first of each calendar year to the trust fund from the employee insurance program's operating account, the cash balance in the operating account in excess of one hundred forty percent of the actuarially-determined IBNR reserves of the State's health plans as of December thirty-first of the preceding year. On the reference date, an initial transfer must take place applicable to the cash balance as of December 31, 2006; and
(3) with funding as authorized by the General Assembly pursuant to Section 1-11-710(D). /
Amend further, as and if amended, by striking subsection (G) of Section 1-11-707, as contained in SECTION 3, page 3789-7, and inserting:
/ (G) (1) The funds of the LTDI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash
(2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the LTDI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the LTDI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year. /
Amend further, as and if amended, in SECTION 3, page 3789-8, by striking Section 1-11-709.
Amend further, beginning on page 9, by striking SECTION 4 and inserting:
/ SECTION 4. A. Section 1-11-710(A) of the 1976 Code is amended to read:
"(A) The State Budget and Control Board shall:
(1) make available to active and retired employees of this State and its public school districts and their eligible dependents group health, dental, life, accidental death and dismemberment, and disability insurance plans and benefits in an equitable manner and of maximum benefit to those covered within the available resources.;
(2) approve by August fifteenth of each year a plan of benefits, eligibility, and employer, employee, retiree, and dependent contributions for the next calendar year. The board shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. Provided that the Budget and Control Board, and by July 1 first of the current fiscal year, shall develop and implement a plan increasing the employer contribution rates of the State Retirement System Systems to a level adequate to cover the employer's share for the current fiscal year's cost of providing health and dental insurance to retired state and school district employees. The plan state health and dental plans must include a method for the
(3) adjust the plan, benefits, or contributions, at any time to insure the fiscal stability of the system.;
(4) set aside in separate continuing accounts in the State Treasury, appropriately identified, all funds, state-appropriated and other, received for actual health and dental insurance premiums due. Funds credited to these accounts may be used to pay the costs of administering the state health and dental insurance programs plans and may not be used for purposes of other than providing insurance benefits for employees and retirees. A reserve equal to not less than an average of one and one-half months' claims must be maintained in the accounts and all funds in excess of the reserve must be used to reduce premium rates or improve or expand benefits as funding permits."
B. Section 1-11-710 of the 1976 Code is amended by adding a new subsection at the end to read:
"(D) The General Assembly intends to authorize funding for the SCRHI Trust Fund in order to make progress toward reaching or maintaining the minimum annual required contribution under Governmental Accounting Standards Board Statement No. 45. The board shall determine the minimum annual required contribution pursuant to Section 1-11-705(H)." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER explained the Bill.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5231CM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-51-10. This chapter is known and may be cited as the 'Volunteer Strategic Assistance and Fire Equipment Act of 2007 (V-SAFE)'.
Section 23-51-20. The General Assembly shall appropriate in the general appropriations act not more than three million dollars annually to offer grants of not more than thirty thousand dollars to eligible
Section 23-51-30. (A) As contained in this chapter:
(1) 'fire department' means a public or governmental sponsored organization providing fire suppression activities with a minimum of a Class 9 rating from the Insurance Services Office;
(2) 'volunteer fire department' means a fire department whose personnel serves with no compensation or is paid on a per call basis; and
(3) 'combination fire department' means a fire department with both members who are paid and members who serve as volunteer firefighters.
(B) Volunteer fire departments and combination fire departments with a staffing level that is at least fifty percent volunteer are eligible to receive grants pursuant to this chapter. A fire department that receives a grant must comply with the firefighter registration provisions of Act 60 of 2001 and sign the statewide mutual aid agreement with the South Carolina Emergency Management Division.
Section 23-51-40. The amount of the grants awarded shall not exceed thirty thousand dollars per year for each eligible fire department with no matching or in-kind money required. A fire department may be awarded only one grant in a three-year period.
Section 23-51-50. The grant money received by a fire department must be used for the following purposes:
(1) fire suppression equipment;
(2) self-contained breathing apparatus;
(3) portable air refilling systems;
(4) hazardous materials spill leak detection, repair, and recover equipment;
(5) protective clothing and equipment;
(6) new and used fire apparatus;
(7) incident command vehicles;
(8) special operations vehicles;
(9) training;
(10) rescue equipment;
(11) medical equipment;
(12) decontamination equipment; and
(13) safety equipment.
Section 23-51-60. (A) The State Fire Marshal shall administer the grants in conjunction with a peer review panel.
(B) The peer review panel shall consist of nine voting members who shall serve without compensation. Seven members must be fire chiefs from each of the seven regions of the State as defined by the State Fire Marshal. The Chairman of the House Ways and Means Committee shall appoint fire chiefs from Regions 1, 2, 3, and 7. The Chairman of the Senate Finance Committee shall appoint fire chiefs from Regions 4, 5, and 6. The State Fire Marshal also shall serve as a member. The President of the South Carolina State Firefighters' Association shall serve as chairman of the committee.
(C) The peer review committee shall establish performance-based guidelines for a successful grant application and award grants based on these guidelines.
(D) The State Fire Marshal shall:
(1) develop a grant application package utilizing the guidelines developed by the peer review committee;
(2) establish and market a written and electronic version of the grant application package;
(3) provide an annual report of all grant awards and corresponding fire department purchases to the respective Chairmen of the House Ways and Means Committee and Senate Finance Committee;
(4) provide all administrative support to the peer review committee; and
(5) provide a grants web page for electronic applications.
Section 23-51-70. Three percent of these funds must be awarded to the South Carolina State Firefighters' Association annually for the express purpose of establishing and maintaining a recruitment and retention program for volunteer firefighters.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained 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:
H. 3495 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 8-11-160 AND 8-11-165, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO INCLUDE TECHNICAL COLLEGE PRESIDENTS AS OFFICIALS TO WHICH THESE PROVISIONS APPLY.
Rep. NEILSON explained the Bill.
Rep. OTT requested debate on the Bill.
The Bill was read second time and ordered to third reading.
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.
Rep. NEILSON moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3954 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR FELTON AND DORIS BURTON OF GREENWOOD COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE CARE OF MENTALLY HANDICAPPED SOUTH CAROLINIANS, AND TO WISH THEM ALL THE BEST IN THE COMING YEARS.
The Resolution was adopted.
The following was introduced:
H. 3955 (Word version) -- Rep. Bedingfield: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE HARLEY OWNERS GROUP OF SOUTH CAROLINA AND TO PROCLAIM SEPTEMBER 22, 2007, H.O.G. DAY IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3956 (Word version) -- Rep. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-35 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH A MANDATORY CONTINUING EDUCATION PROGRAM FOR SCHOOL BOARD TRUSTEES, TO PROVIDE THAT EACH TRUSTEE MUST ATTEND SIX HOURS OF CONTINUING EDUCATION ANNUALLY, TO PROVIDE FOR THE CONTENTS OF THE REQUIRED INSTRUCTION, AND TO PROVIDE THAT THE SCHOOL TRUSTEE CONTINUING EDUCATION PROGRAM MUST BE FUNDED BY THE STATE AND THE STATE DEPARTMENT OF EDUCATION MAY USE ITS OWN RESOURCES OR CONTRACT WITH PUBLIC OR PRIVATE ENTITIES TO CONDUCT THE PROGRAM.
Referred to Committee on Education and Public Works
Rep. LOFTIS moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up:
H. 3713 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-735 SO AS TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM OF THE BUDGET AND CONTROL BOARD IS DIRECTED TO DEVELOP, FOR EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THE HEALTH PLANS OFFERED BY THE EMPLOYEE INSURANCE PROGRAM, AN INCENTIVE PLAN IN ORDER TO ENCOURAGE PARTICIPATION IN PROGRAMS THAT PROMOTE HEALTH AND PREVENTION OF DISEASE, AND TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM, UPON APPROVAL OF THE BUDGET AND CONTROL BOARD, IS FURTHER
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20300SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 1-11-735 of the 1976 Code, as contained in SECTION 1, and inserting:
/ The Employee Insurance Program of the Budget and Control Board is directed to review the health plans offered by the Employee Insurance Program in order to identify possible incentives to be offered to plan participants to encourage participation in programs, offered by the Employee Insurance Program, that promote health and prevention of disease. The Employee Insurance Program is further directed to develop a proposal based on the review that shall include, but not be limited to, possible premium reductions or other financial incentives for those plan participants who participate in these programs. The proposal shall be submitted to the Senate Finance Committee and the House Ways and Means Committee by January 15, 2008./
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained 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:
H. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J. R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9859HTC07), which was adopted:
Amend the bill, as and if amended, in Section 12-6-3477 as contained in SECTION 1, page 1, by inserting before the period on line 33 /for each apprentice employed / so that when amended, Section 12-6-3477 reads:
/ Section 12-6-3477. A taxpayer who employs an apprentice pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor is allowed a credit against an income tax imposed pursuant to this chapter equal to one thousand dollars for each apprentice employed. A credit is not allowed unless the apprentice was in the employ of the taxpayer for at least seven full months of the taxable year and a credit is not allowed for an individual apprentice for more than four taxable years. The department shall prescribe a form to claim this credit that provides information to the department sufficient for the proper administration of this credit. /
Amend further, in SECTION 2, line 41, by striking / taxable years beginning after 2007 / and inserting / employees beginning apprenticeships after 2007 / so that when amended, SECTION 2 reads:
/ SECTION 2. This act takes effect upon approval by the Governor and applies for employees beginning apprenticeships after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR explained 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:
H. 3659 (Word version) -- Reps. Kirsh, Simrill, Owens, Scott and McLeod: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE THAT A STATE AGENCY OR LOCAL ENTITY THAT DOES NOT RECEIVE THE SAME AMOUNT OF REVENUE FROM THE EXCISE TAX AS IT DID FROM THE MINIBOTTLE TAX IN FISCAL YEAR 2004-2005, IT IS TO RECEIVE THE DIFFERENCE FROM THE GENERAL FUND WITHIN THIRTY DAYS AFTER THE CLOSE OF EACH QUARTER IN A CALENDAR YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20303SD07), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. COTTY explained the Bill.
H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E. H. Pitts, G. R. Smith, Williams and Bales: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER
Rep. COTTY explained the Bill.
The following Bill was taken up:
H. 3015 (Word version) -- Reps. W. D. Smith and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 28-2-520 SO AS TO PROVIDE THE OPTION OF A PROPERTY TAX CREDIT OR STATE INCOME TAX CREDIT, INSTEAD OF JUST COMPENSATION, FOR THE VALUE OF PROPERTY THAT IS SUBJECT TO A CONDEMNATION ACTION TO A LANDOWNER THAT GRANTS PROPERTY TO A CONDEMNOR FOR THE PURPOSE OF BUILDING A SIDEWALK OR BICYCLE PATH.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20235SD07), which was adopted:
Amend the bill, as and if amended, by striking item (2), subsection (A) of Section 28-2-520 of the 1976 Code and inserting:
/ (2) condemnor uses the landowner's property to build a sidewalk, trail, bicycle path, or other pedestrian nonvehicular pathway for public use; /
Amend the bill further, as and if amended, in Section 28-2-520 by adding a new subsection (E) to read:
/ (E) Only a county or municipality or an agency, department, or institution of this State with authority to exercise the right of eminent domain may act as a condemner under the provisions of this section. /
When amended Section 28-2-520 shall read:
"Section 28-2-520. (A) A landowner may avoid a condemnation action if the:
(1) landowner's property is otherwise subject to a condemnation action;
(2) condemnor uses the landowner's property to build a sidewalk, trail, bicycle path, or other pedestrian nonvehicular pathway for public use;
(3) landowner agrees to grant the property to the condemnor in exchange for a tax credit as provided in subsection (B), instead of an amount that constitutes just compensation; and
(4) landowner agrees to forgo all compensation from the condemnor, except the value received from the tax credit provided in this section.
(B) The tax credit allowed pursuant to this section is either a property tax credit pursuant to subsection (C) or a state income tax credit pursuant to subsection (D). The tax credit elected by the landowner is irrevocable.
(C) For purposes of this section, a landowner may elect a property tax credit pursuant to subsection (A) to reduce the property tax otherwise due to the condemnor by exempting an amount equal to the fair market value of the subject property. The condemnor shall cause the property to be appraised to determine the fair market value and shall make the appraisal available to the landowner. The property tax credit is allowed against property tax imposed by the condemnor on the real or personal property of the landowner. The credit is a nonrefundable and nontransferable benefit to the landowner originally granting the property. The landowner may carry forward the unused portion of the credit against property taxes for five years. For purposes of generating the credit, a sufficient amount of the fair market value of the subject property is exempt from the assessment of property tax imposed by the condemnor. This exemption does not apply to property taxes imposed by a taxing entity that is not a condemnor for purposes of this section.
(D)(1) For purposes of this section, a landowner may elect a nonrefundable state income tax credit pursuant to subsection (A) to reduce the landowner's state income tax liability by an amount equal to the fair market value of the subject property. The condemnor shall cause the property to be appraised to determine the fair market value and shall make the appraisal available to the landowner. For purposes of this subsection, the condemnor and landowner must submit the appraisal and other evidence verifying the fair market value of the subject property to the governing body of the county in which the property is located. The county governing body, by resolution, shall approve the fair market value attributed to the subject property using guidelines adopted by the South Carolina Department of Revenue. The landowner may carry forward the unused portion of the credit against state income tax liability for five years.
(2) The South Carolina Department of Revenue shall promulgate regulations to verify the fair market value of the subject property for purposes of this subsection.
(E) Only a county or municipality or an agency, department, or institution of this State with authority to exercise the right of eminent domain may act as a condemnor under the provisions of this section."
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained 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:
H. 3765 (Word version) -- Reps. Edge, Merrill, Witherspoon, Hardwick, Ceips, Duncan, Herbkersman, Spires, Taylor, Viers, Chalk, Clemmons, Barfield, Loftis, Scarborough, Hagood, Stavrinakis and Limehouse: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX ON BOATS WITH SITUS IN SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE TO BE SUBJECT TO THE PROPERTY TAX FROM THIRTY DAYS TO NINETY DAYS, AND TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS NOT USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE FROM SIXTY CONSECUTIVE DAYS TO ONE HUNDRED TWENTY CONSECUTIVE DAYS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20302SD07), which was adopted:
(b) By ordinance, a governing body of a county may exempt from the property tax, forty-two and 75/100 percent of the fair market value of a watercraft and its motor. This exemption for a watercraft motor applies whether the motor is located in, attached to, or detached from the watercraft."
SECTION 2. This act takes effect upon approval by the Governor and is applicable for tax years beginning after 2007./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendments.
Rep. BALLENTINE moved that the House recur to the Morning Hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendments:
H. 3765 (Word version) -- Reps. Edge, Merrill, Witherspoon, Hardwick, Ceips, Duncan, Herbkersman, Spires, Taylor, Viers, Chalk, Clemmons, Barfield, Loftis, Scarborough, Hagood, Stavrinakis and Limehouse: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX
Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10004SSP07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-37-714 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"Section 12-37-714. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State.
(3) When a boat, or motor if separately taxed, is subject to a written contract for repairs and located in a marine repair facility in this State, the time periods provided pursuant to items (1) and (2) of this section are tolled." /
Rep. COTTY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. BALLENTINE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kirsh Knight Leach Limehouse Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Scott Sellers Shoopman Simrill
Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Vick Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3024 (Word version) -- Reps. Rice, Harrison, E. H. Pitts, G. R. Smith, Shoopman, Kirsh, Cotty, Ballentine, Whipper, Mulvaney, Thompson, Scarborough, Hagood and Bedingfield: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11517AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 1-24-60 and inserting:
(1) June 30, 2008, the termination date for:
(a) Department of Health and Environmental Control;
(b) Department of Natural Resources;
(c) Department of Parks, Recreation and Tourism;
(d) South Carolina State Forestry Commission;
(e) Department of Agriculture.
(2) June 30, 2009, the termination date for:
(a) Department of Corrections;
(b) Department of Juvenile Justice;
(c) Department of Probation, Parole and Pardon Services;
(d) John de la Howe School;
(e) South Carolina Administrative Law Court.
(3) June 30, 2010, the termination date for:
(a) Department of Health and Human Services;
(b) State Department of Insurance;
(c) State Accident Fund;
(d) South Carolina Workers' Compensation Commission;
(e) South Carolina Second Injury Fund;
(f) Patients' Compensation Fund.
(4) June 30, 2011, the termination date for:
(a) State Department of Education;
(b) South Carolina Educational Television Commission;
(c) South Carolina School for the Deaf and the Blind;
(d) South Carolina Department of Archives and History;
(e) Wil Lou Gray Opportunity School.
(5) June 30, 2012, the termination date for:
(a) Department of Social Services;
(b) South Carolina State Housing, Finance and Development Authority;
(c) South Carolina Commission for the Blind;
(d) State Human Affairs Commission;
(e) State Commission for Minority Affairs.
(6) June 30, 2013, the termination date for:
(a) Department of Disabilities and Special Needs;
(b) Department of Revenue;
(c) Department of Labor, Licensing and Regulation;
(d) Patriots Point Development Authority;
(e) State Election Commission.
(7) June 30, 2014, the termination date for:
(a) Department of Mental Health;
(b) Department of Alcohol and Other Drug Abuse Services;
(c) South Carolina Museum Commission;
(d) South Carolina Arts Commission;
(e) Office of Secretary of State.
(8) June 30, 2015, the termination date for:
(a) South Carolina Department of Transportation;
(b) Commission on Indigent Defense;
(c) Attorney General's Office;
(d) Commission on Prosecution Coordination;
(e) South Carolina Office of Appellate Defense;
(f) Department of Motor Vehicles.
(9) June 30, 2016, the termination date for:
(a) State Budget and Control Board;
(b) Governor's Office;
(c) State Treasurer's Office;
(d) Board of Financial Institutions;
(e) Comptroller General's Office;
(f) Lieutenant Governor's Office.
(10) June 30, 2017, the termination date for:
(a) State Board for Technical and Comprehensive Education;
(b) State Commission on Higher Education;
(c) Higher Education Tuition Grants Commission;
(d) South Carolina State Library;
(e) South Carolina Sea Grant Consortium.
(11) June 30, 2018, the termination date for:
(a) Department of Public Safety;
(b) South Carolina Law Enforcement Division;
(c) Adjutant General's Office;
(d) South Carolina Public Service Commission;
(e) Department of Consumer Affairs.
(12) June 30, 2019, the termination date for:
(a) South Carolina Employment Security Commission;
(b) South Carolina Department of Commerce;
(c) State Agency of Vocational Rehabilitation;
(d) South Carolina Jobs-Economic Development Authority;
(e) State Ethics Commission.
(B) The General Assembly if it determines the circumstances warrant it and by concurrent resolution, may advance the termination date and sunset review scheduled for an agency as provided in subsection (A) of this section./
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Brantley Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kirsh Knight Leach Limehouse Loftis Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Owens Parks Perry
Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Scott Sellers Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Vick Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
Skelton
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. HART a temporary leave of absence.
Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3631 (Word version) -- Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson: A BILL TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE BY ENDORSEMENT REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE AND TO CLARIFY THAT CERTAIN REQUIREMENTS APPLY TO LICENSURE TO PRACTICE AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED,
Rep. PARKS explained the Bill.
H. 3629 (Word version) -- Reps. Sandifer, Parks, Breeland, Cobb-Hunter and Harrison: A BILL TO AMEND SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATING REGULATIONS OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO INCREASE THE MINIMUM FINE TO ONE THOUSAND DOLLARS AND TO INCREASE THE MAXIMUM FINE TO FIVE THOUSAND DOLLARS.
Rep. SANDIFER explained the Bill.
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Rep. G. R. SMITH explained the Bill.
The following Bill was taken up:
H. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO
Rep. PARKS explained the Bill.
Rep. G. M. SMITH requested debate on the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley, White and Hart: A BILL 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 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7263AHB07):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.
SECTION 2. Chapter 22, Title 17 of the 1976 Code is amended by adding:
Section 17-22-300. This article may be cited as the 'Traffic Education Program Act'.
Section 17-22-310. (A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less.
(B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.
(C) A traffic education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.
(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic education programs.
(E) A traffic education program must include both a community service and an educational component.
Section 17-22-320. (A) A person may be considered for a traffic education program if he has no prior traffic-related offenses on his record. A person may not participate in a traffic education program more than once.
(B) A person's participation in a traffic education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.
Section 17-22-330. (A) When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic education program in order to ensure that a person does not benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic education program, then the person may be terminated from the program and the traffic-related offense reinstated by the governmental agency administering the program in the appropriate municipality or county.
(D) If a person receives a subsequent traffic violation during the six months following the issuance of the ticket for which he has entered
Section 17-22-340. Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.
Section 17-22-350. (A) A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.
(B) For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain one hundred dollars of the participation fee to support the traffic education program and the arresting jurisdiction shall retain the remaining forty dollars of the participation fee. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:
(1) 23.62 percent to the Department of Probation, Parole and Pardon Services;
(2) 15.12 percent to the Department of Public Safety;
(3) .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;
(4) 13.73 percent to the State Office of Victim Assistance;
(5) 6.01 percent to the General Fund;
(6) 10.79 percent to the Office of Indigent Defense;
(7) 1.34 percent to the Attorney General's Office;
(8) .90 percent to the Department of Juvenile Justice Arbitration Program;
(9) .81 percent to the Department of Juvenile Justice Marine Institutes;
(10) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(11) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(12) 6.74 percent to the Circuit Solicitors;
(13) 2.68 percent to the State Law Enforcement Division;
(14) 2.68 percent to the Department of Corrections;
(15) .67 percent to the Judicial Department;
(16) .28 percent to the Department of Natural Resources;
(17) .18 percent to the Office of Appellate Defense; and
(18) .02 percent to the Forestry Commission.
(C) For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain the participation fees to support the traffic education program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:
(1) 10.25 percent to the Department of Probation, Parole and Pardon Services;
(2) 10.13 percent to the Department of Public Safety;
(3) .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;
(4) 7.57 percent to the State Office of Victim Assistance;
(5) 2.77 percent to the General Fund;
(6) 10.84 percent to the Office of Indigent Defense;
(7) 1.07 percent to the Attorney General's Office;
(8) .65 percent to the Department of Mental Health;
(9) 7.64 percent for the programs established pursuant to Section 56-5-2953(E);
(10) 9.93 percent to the Governor's Task Force on Litter;
(11) 9.93 percent to the Department of Juvenile Justice;
(12) .90 percent to the Department of Juvenile Justice Arbitration Program;
(13) .81 percent to the Department of Juvenile Justice Marine Institutes;
(14) .90 percent to the Department of Juvenile Justice Regional Status Offender Program;
(15) 3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;
(16) 6.74 percent to the Circuit Solicitors;
(17) 2.68 percent to the State Law Enforcement Division;
(18) 2.68 percent to the Department of Corrections;
(19) .67 percent to the Judicial Department;
(20) .28 percent to the Department of Natural Resources;
(21) .18 percent to the Office of Appellate Defense; and
(22) .02 percent to the Forestry Commission.
Section 17-22-360. Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and State Treasurer's Office for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.
Section 17-22-370. Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a governmental agency administering the program for the purpose of determining eligibility for a traffic education program."
SECTION 3. The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.
SECTION 4. This act takes effect upon approval by the Governor. All circuit solicitors shall have a traffic education program in effect by July 1, 2008, and no person has the right to apply to the program until the program is established. /
Rep. HAGOOD explained the amendment.
Rep. HAGOOD spoke in favor of the amendment.
Reps. WALKER, KIRSH, ANTHONY, DAVENPORT, MAHAFFEY, HAMILTON, LEACH, D. C. SMITH, BEDINGFIELD, G. R. SMITH, SCARBOROUGH, SCOTT, HAGOOD, MULVANEY, HARDWICK, BRANTLEY and FRYE requested debate on the Bill.
Rep. OTT moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 3958 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO CONGRATULATE DELORIS YVONNE MCBRIDE, ASSISTANT PROFESSOR OF COMPUTER INFORMATION SYSTEMS AT MORRIS COLLEGE IN SUMTER COUNTY, ON BEING NAMED A RECIPIENT OF THE EXCELLENCE IN TEACHING AWARD BY SOUTH CAROLINA INDEPENDENT COLLEGES AND UNIVERSITIES, INC.
The Resolution was adopted.
The following was introduced:
H. 3959 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes and Witherspoon: A CONCURRENT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS REQUESTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes and Witherspoon: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".
Referred to Committee on Invitations and Memorial Resolutions
H. 3961 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONCLUSIVENESS OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION, AN APPEAL FROM THE DECISION AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO PROVIDE FOR THE PAYMENT OF WEEKLY COMPENSATION AND THE PROVISION OF MEDICAL TREATMENT ORDERED BY THE COMMISSION DURING THE PENDENCY OF AN APPEAL AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE UNPAID PORTION OF THE AWARD NOT PAID DURING THE PENDING OF AN APPEAL.
Referred to Committee on Judiciary
H. 3962 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" AS USED IN THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE THE COST OF HEALTH, LIFE, AND DISABILITY INSURANCE PREMIUMS AND RETIREMENT CONTRIBUTIONS AND TO PROVIDE THAT WHEN ALLOWANCES ARE MADE TO AN EMPLOYEE INSTEAD OF WAGES AS PART OF A VERBAL OR WRITTEN WAGE CONTRACT THEY ARE CONSIDERED A PART OF HIS EARNINGS.
Referred to Committee on Judiciary
H. 3964 (Word version) -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Neilson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough and Witherspoon: 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.
Referred to Committee on Judiciary
H. 3965 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION WHEN THERE HAS BEEN A CHANGE IN CONDITION, SO AS TO EXTEND FROM TWELVE MONTHS TO TWO YEARS THE PERIOD FOR REQUESTING THE REVIEW OF AN AWARD FOR A CHANGE IN CONDITION.
Referred to Committee on Judiciary
H. 3967 (Word version) -- Reps. Sandifer, Cato, Perry, G. Brown, Hamilton and Phillips: A BILL TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Labor, Commerce and Industry
S. 376 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT
S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
Referred to Committee on Judiciary
The following was introduced:
H. 3968 (Word version) -- Rep. G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH BEULAH CUTTINO ROAD TO ITS INTERSECTION WITH THE SUMTER/CLARENDON COUNTY LINE THE "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was taken up:
H. 3346 (Word version) -- Reps. R. Brown, Scarborough, Hodges, Whipper, Govan, Ceips, Jefferson, Brantley, Breeland, Hosey, Kennedy, Mack, Stavrinakis, Weeks, Williams, Agnew, Jennings, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43 OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A CEMETERY OR GRAVES ARE LOCATED MUST
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11542AC07), which was adopted:
Amend the bill, as and if amended, Section 27-43-310(A)(1)(a), page 2, line 5 before the /;/ by inserting:
/or an agent who has the written permission of family members or descendents/. So when amended Section 27-43-310(A)(1)(a) reads:
/ (a) family members and descendants of deceased persons buried there or an agent who has the written permission of family members or descendants;/
Amend the bill further, page 2, by deleting Section 27-43-310(A)(1)(c) and inserting:
/(c) any person engaging in genealogy research, who has received the permission of the owner of record or the occupant of the property, or both./
Amend the bill further, Section 27-43-310(D), page 2, line 34 after /court/ by inserting /or the magistrates court/. So when amended Section 27-43-310(D) reads:
/(D) A person denied reasonable access under the provisions of this section may bring an action in the circuit court or the magistrates court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting this relief, the court may set the frequency of access, hours, and duration of the access./
Amend the bill further, page 2, immediately after line 41, by adding:
/(F) The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
Rep. HAGOOD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3511 (Word version) -- Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M. A. Pitts and Viers: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS, SO AS TO PROVIDE THAT AN OFFICER IN THE MILITIA, A NOTARY PUBLIC, A DELEGATE TO A CONSTITUTIONAL CONVENTION, A LAW ENFORCEMENT OFFICER WHO HOLDS A LOCAL OFFICE AND A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE ARE NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3274SSP07), which was adopted:
Amend the bill, as and if amended, Section 8-1-130, SECTION 2, page 2, by deleting items (4) and (5) in their entirety and inserting:
/ (4) a law enforcement officer who holds a local office in a political subdivision other than the one in which he serves as a law enforcement officer;
(5) a corrections officer of a political subdivision who holds a local office in a political subdivision other than the one in which he serves as a corrections officer; /
When amended the section reads:
(1) an officer in the militia;
(2) a notary public;
(3) a delegate to a constitutional convention;
(4) a law enforcement officer who holds a local office in a political subdivision other than the one in which he serves as a law enforcement officer;
(5) a corrections officer of a political subdivision who holds a local office in a political subdivision other than the one in which he serves as a corrections officer;
(6) Any a member of a lawfully and regularly organized fire department,;
(7) a county veterans affairs officer,;
(8) a constable,; or
(9) a municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State a political subdivision other than the one in which he sits as a judge." /
Amend further, page 2, line 15, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. This act takes effect upon approval by the Governor and upon ratification of the constitutional amendment exempting from the prohibition against holding two offices of honor or profit in the Constitution of the State a law enforcement officer and corrections officer employed by a political subdivision other than the one in which they serve as a law enforcement or corrections officer. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained 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:
H. 3197 (Word version) -- Reps. Herbkersman and Talley: A BILL TO AMEND SECTION 7-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN SOUTH CAROLINA ELECTION LAW, SO AS TO DELETE THE DEFINITION "CLUB DISTRICT"; TO AMEND SECTION 7-5-460, RELATING TO CUSTODY OF BOOKS AND THEIR RETURN AFTER AN ELECTION, SO AS TO DELETE A REFERENCE TO A "CLUB" AS AN ENTITY TO WHOM THE BOOKS ARE RESPONSIBLE; TO AMEND SECTIONS 7-9-20, 7-9-30, AS AMENDED, 7-9-40, 7-9-50, AS AMENDED, 7-9-60, AND 7-9-70, AS AMENDED, RELATING TO CLUBS IN PARTY ORGANIZATIONS, SO AS TO DELETE REFERENCES TO PARTY CLUBS WHICH CLARIFIES THE ORGANIZATIONAL RELATIONS WITH ELECTION PRECINCTS; TO PROVIDE THAT ALL ELECTED PRECINCT COMMITTEEMEN MAY VOTE ON QUESTIONS BEFORE THE COUNTY COMMITTEE, TO PROVIDE THAT THE CHAIRMAN MAY VOTE IN THE CASE OF A TIE, AND TO PROVIDE THAT AN ELECTED OFFICER OF THE COUNTY COMMITTEE WHO IS NOT A PRECINCT COMMITTEEMAN MAY VOTE DE FACTO, AND TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP; AND TO AMEND SECTION 7-13-170, RELATING TO THE PROCEDURE WHEN A MANAGER FAILS TO ATTEND THE PLACE WHICH HAS BEEN SCHEDULED FOR HOLDING A POLL, SO AS TO DELETE THE TERM "CLUB" FROM THE QUALIFYING MEMBER TO BECOME A MANAGER IN THE PLACE OF ABSENT MANAGERS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3272DW07), which was adopted:
Amend the bill, as and if amended, beginning on page 5 and line 30, by striking Section 7-9-60 as contained in SECTION 7, and inserting:
/ "Section 7-9-60. The clubs precinct in each county shall be is held together and operate operates under the control of a county committee, which shall consist consists of one member from each club precinct to be elected by the club precinct and shall also include includes the State Executive Committeeman from such each county. The committee, when elected, shall appoint its own officers, (except
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3449 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
Rep. CLEMMONS explained the Bill.
H. 3914 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
Rep. PINSON explained the Joint Resolution.
H. 3915 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3094, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PINSON explained the Joint Resolution.
H. 3830 (Word version) -- Rep. Perry: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A MUNICIPALITY; AND TO AMEND SECTIONS 31-7-30, 31-7-80, AND 31-7-120, RELATING TO DEFINITIONS, PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS AND INTERGOVERNMENTAL AGREEMENTS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO REENACT PORTIONS OF THE DEFINITION OF "BLIGHTED AREA" INADVERTENTLY DELETED AND REVISE DEFINITIONS FOR "CONSERVATION AREA" AND "REDEVELOPMENT PROJECT AREA", TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A COUNTY, AND TO CLARIFY THE APPLICATION OF MUNICIPAL AND COUNTY TAX INCREMENT FINANCING LAWS TO INTERGOVERNMENTAL AGREEMENTS.
Rep. PERRY explained the Bill.
Rep. DAVENPORT explained the Joint Resolution.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach and Ballentine: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY
The following Bill was taken up:
H. 3254 (Word version) -- Reps. Clyburn, Neilson, Whipper, W. D. Smith, Anderson, Bales, Breeland, R. Brown, Cobb-Hunter, Cooper, Dantzler, Delleney, Harrison, Hayes, Hosey, Howard, Jennings, Limehouse, Mack, Merrill, J. H. Neal, Ott, Owens, Rutherford, Scarborough, Sellers, Umphlett, Viers, Walker and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES AND TO PROVIDE THAT A PARENT OR GUARDIAN OF A STUDENT SCORING BELOW BASIC ON ANY PORTION OF THE STATE ASSESSMENT WHO IS REGISTERED TO ATTEND THE SCHOOL SHALL ATTEND THE ORIENTATION CLASS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22838SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 15, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1600. (A) A school that has received an unsatisfactory absolute academic performance rating on its most recent report card shall offer an orientation class for parents. The orientation class must focus on the following topics:
(1) the value of education;
(2) academic assistance programs that are available at the school and in the community;
(3) student discipline;
(4) school policies;
(5) explanation of information that will be presented on the school's report card issued in November; and
(6) other pertinent issues.
(B) The school shall offer the orientation class each year the school receives an unsatisfactory absolute academic performance rating on the school report card and shall provide parents with written notification of the date and time of the meeting. Schools are encouraged to offer the orientation class at a time in which the majority of parents would be able to attend. Additionally, schools are encouraged to provide orientation classes in community settings or workplaces so that the needs of parents with transportation difficulties or scheduling conflicts can be met.
(C) A parent or guardian of each student who is registered to attend the school shall attend the orientation class each year it is offered."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WHITMIRE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.
On motion of Rep. VICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
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.
On motion of Rep. TOOLE, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3172 (Word version) -- Reps. Toole and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1792 SO AS TO PROVIDE THAT AN ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE'S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2008, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2011; AND
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
Rep. COOPER explained the Senate Amendments.
The question then recurred to concur or nonconcur in the Senate Amendments.
Rep. BEDINGFIELD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bedingfield Bingham Bowen Brady Brantley Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hinson Hiott Hodges Hosey Howard
Huggins Jefferson Jennings Kirsh Knight Leach Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts M. A. Pitts Rutherford Sandifer Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Thompson Toole Vick Walker Weeks Whipper White Whitmire Witherspoon Young
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
Rep. PINSON explained the Senate Amendments.
The motion period was dispensed with on motion of Rep. YOUNG.
Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, April 25, which was adopted:
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD
The following Joint Resolution was taken up:
H. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F. N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M. A. Pitts, Rice, Sandifer, J. R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7259SSP07), which was adopted:
Amend the joint resolution, as and if amended, by deleting subitem (1) in its entirety, as contained in subsection (F) of SECTION 1, page 3, beginning on line 19, and inserting:
/ (1) develop timeframes and processes for the implementation of a statewide wireless broadband network and evaluate how to best foster a partnership between the private sector and public sector for the implementation and operation of a statewide wireless broadband network; /
Amend the joint resolution further, subitem (5) as contained in subsection (F) of SECTION 1, page 3, line 40, by deleting / otherwise disposed of /
Amend the joint resolution further, SECTION 1, by adding an appropriately lettered subsection at the end to read:
/ ( ) The University of South Carolina and its satellite campuses, Clemson University, Clemson University-Public Service Activities, the Medical University of South Carolina, and the Medical University
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER explained the Joint Resolution.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Battle Bingham Bowen Brady Brantley Breeland G. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rutherford Sandifer Scott Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis
Stewart Thompson Toole Walker Weeks White Whitmire Young
Those who voted in the negative are:
Agnew Delleney Duncan Lucas J. M. Neal Perry M. A. Pitts Sellers Vick
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. LIMEHOUSE moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3706 (Word version) -- Reps. Duncan, Talley and Gullick: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3969 (Word version) -- Reps. R. Brown, Harrell, Young, Breeland, Chellis and Knight: A HOUSE RESOLUTION JOINING THE CONGREGATION AND FRIENDS OF BETHEL AME CHURCH OF SUMMERVILLE ON THE JOYFUL OCCASION OF THE DEDICATION OF THEIR
The Resolution was adopted.
The following was introduced:
H. 3970 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BURNING MAGNETOS ROBOTICS TEAM AND ITS COACHES AND SPONSORS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM FOR ITS FIRST-PLACE FINISH IN THE 2007 NATIONAL FIRST ROBOTICS COMPETITION.
The Resolution was adopted.
The following was introduced:
H. 3971 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO CONGRATULATE THE BURNING MAGNETOS ROBOTICS TEAM OF DORCHESTER COUNTY ON ITS FIRST-PLACE FINISH IN THE 2007 NATIONAL FIRST ROBOTICS COMPETITION.
The Resolution was adopted.
The following was introduced:
H. 3972 (Word version) -- Reps. Parks, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 3973 (Word version) -- Reps. Crawford, Mulvaney, Lowe, Bales, Herbkersman, Neilson, Gullick, Leach, Hardwick, Brantley, Davenport, Hodges, Kirsh, Limehouse, Loftis, Mahaffey, Scarborough, Shoopman, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-445 SO AS TO CREATE THE OFFENSE OF POSSESSION OF A FALSIFIED FEDERALLY-ISSUED IDENTIFICATION CARD AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-13-452, RELATING TO LAW ENFORCEMENT EXCEPTIONS, SO AS TO INCLUDE A REFERENCE TO SECTION 16-13-445.
Referred to Committee on Judiciary
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
Rep. COOPER moved to reconsider the vote whereby the House nonconcurred in the Senate Amendments to H. 3471 (Word version) and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 3932 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.
At 5:25 p.m. the House, in accordance with the motion of Rep. CEIPS, adjourned in memory of Lieutenant Commander Kevin David, a member of the "Blue Angels," to meet at 10:00 a.m. tomorrow.
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