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 Deuteronomy 26:11: "Celebrate with all the bounty that the Lord your God has given to you and to your house."
Let us pray. Generous provider, forgive us when we lose perspective. Teach us to see Your presence and provision in all circumstances. We give thanks for Your hand in our lives. May these Representatives discern what is good and pleasing to You and the people whom they serve. Bless our Nation, President, State, Governor, Speaker, staff and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In Your name, we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of Douglas E. Stetson of Hilton Head, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 3122
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200 and 50-11-2210
Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
The following was received:
Columbia, S.C., May 31, 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. 3721:
H. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
Very respectfully,
President
Received as information.
The Senate Amendments to the following Bill were taken up for consideration:
S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
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.
Rep. SPIRES explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
Rep. WALKER explained the Senate Amendments.
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:
S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.
Rep. WALKER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 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
Rep. CLEMMONS explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F. N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod, Mahaffey, Herbkersman and Agnew: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.
Rep. HARVIN explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER ordered the following Veto printed in the Journal:
June 1, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3289 (Word version), R. 67.
This Bill selectively exempts the sale of gold, silver, any combination of bullion, and coins from the state sales tax. Last session I vetoed a Bill exempting the sales tax on the same items in H. 3773, and, according to the Department of Revenue, this Bill again contains the same exemptions. I clearly laid out my reasons for opposing this legislation in my veto message of H. 3773, but they bear repeating.
First, I have made it explicitly clear in the past that we must take an in-depth look at sales tax exemptions that no longer serve their purpose. Along the same lines, I find it to be bad policy to cherry pick items to add to this list that will not, I believe, serve a purpose. The items affected in H. 3289 - many of which are purchased as "collectibles" - will, in no way, advance this State forward from a competitive or an economic growth standpoint. It, therefore, serves no benefit to create piecemeal legislation adding new items to the list of exemptions before taking the time to look at the usefulness of the current exemptions.
Second, there are no items on the exemption list that would be considered personal "collectibles" at this time. Adding the items in this Bill would open the door and set the stage for any and all "collectibles" to be added to this list. I see no advantage to the State by adding potential items such as comic books, baseball cards, or old records.
I believe it's imperative that we only use exemptions that serve the State in a fair and equitable manner. Creating legislation that only helps a very select group does not seem to us to be neither fair nor equitable.
For these reasons, I am returning H. 3289, R. 67, to you without my signature.
The SPEAKER ordered the following Veto printed in the Journal:
June 1, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3960 (Word version), R. 82.
This Bill mandates that the State Department of Transportation change all of its Horry County "Waccamaw Pottery" directional signs to "Hard Rock Park." The department already has the authority to change directional signs throughout the State. South Carolina Code Section 57-3-110(3) provides that it has the power to "cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways...." H. 3960 would simply add a duplicative and unnecessary law to the books.
For this reason, I am vetoing H. 3960, R. 82, and returning it without my approval.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 1, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29201
I am hereby vetoing and returning without my approval H. 3818 (Word version), R. 76.
This Bill institutes a $3,000 annual salary for members of the Hampton County School Board Districts 1 and 2. Under the current law, members have been reimbursed for expenses incurred.
This administration has consistently advocated the notion that decisions on the operation of local schools should be made within the community and not simply mandates handed down by Columbia. Today there is a patchwork of authorities from one school board to the next, some having fiscal autonomy and others having none. In the case of Hampton County, the school budgets must be approved by the county council which has final say on most fiscal matters.
As a result of the variation in board autonomy and composition, there is significant variation in board pay across the State, ranging from those that provide board members no pay - 34 districts fall into this category - to those that offer board members as much as $9,400 per year. I do not believe that the State should be in the business of micromanaging the affairs of every school board. Instead, we should give them the power to make decisions and make them accountable back to the people who put them in office.
Further, as is the case with most local Bills, this legislation only perpetuates the uneven and disproportionate operations of school boards in the State. I disagree with the idea that we should continue down the path of the General Assembly sending Bill after Bill setting different standards for different boards. Instead, I believe the General Assembly should enact statewide legislation that lets each community make these decisions.
For this reason, I have vetoed H. 3818, R. 76.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Dear Mr. Speaker and Members of the House:
I am hereby vetoing H. 3833 (Word version), R. 77. This veto is based upon my belief that the Bill contains unconstitutional special legislation.
This Bill mandates that the Board of Trustees of Cherokee County School District 1 and the Board of Commissioners of Public Works of the City of Gaffney be elected at the same time and in the same manner as the Gaffney City Council. While the South Carolina Constitution, Article XI gives the General Assembly authority to establish, organize and support schools, the State Constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." See S.C. Const. Art. III, Section 34(IX). Unfortunately, this Bill combines constitutional changes to the school board with unconstitutional changes to the public works board.
The General Assembly has established a general statute addressing the election and terms of commissioners of public works in municipalities. See S.C. Code Section 5-31-210, as amended. It is unconstitutional for the General Assembly to pass special legislation, like H. 3833, R. 77, in contravention of a general law. Each city's public works board or commission should be subject to the same general law, whether that law stipulates a runoff election method or not.
Additionally, this Bill affects only the City of Gaffney and is, therefore, clearly an act for a specific municipality. Such acts are in violation of Article VIII, Section 10 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific municipality shall be enacted."
For these reasons, I am vetoing H. 3833, R. 77.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable Robert W. Harrell, Jr.
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3711 (Word version), R. 74.
This Bill would amend the "Joint Municipal Water Systems Act" by creating the "Joint Authority Water and Sewer Systems Act," a new section that would allow all entities with the power to provide water and sewer services to collaborate with one another to form joint authorities for these purposes, creating a joint authority commission to regulate those activities.
I would sign this Bill if it simply allowed cities and municipalities to collaborate for purposes of providing water and sewer services. Earlier this month I signed into law the Priority Investment Act to require local governments to communicate with one another when providing such services. This Bill also strengthens special purpose districts and I have reservations about a Bill that perpetuates the reach of special purpose districts.
By conservative estimates, South Carolina has approximately 300 special purpose districts that provide water, sewer, fire, ambulatory and other community services. These districts were once necessary, when state law prohibited counties and municipalities from providing these services. With the enactment of Home Rule in 1974, counties and municipalities are now able to provide those services and in most cases do. The only exception is where those services are already provided by special purpose districts.
It is our belief that once municipalities and counties were provided the power to provide services to their constituents, special purpose districts should have been phased out. The people elect their representatives to city and county councils and those entities should decide how services are provided, not special purpose districts comprised, in most cases, of unelected representatives.
I believe that continuing to empower such districts, as H. 3711 would allow, further undermines the principle of Home Rule. Rather than expanding the powers of these districts, we should, I believe, dissolve these entities back to local governments comprised of elected representatives. Disconnecting the duty to provide essential services from those who are directly accountable to the people is simply bad public policy.
For example, the City of Beaufort and Beaufort County have been frustrated for years by decisions made by the Beaufort-Jasper Water & Sewer Authority, the special purpose district that provides water and sewer services in that area of the State. The city and county want to limit sprawl, in accordance to the wishes of the community. They are, however, limited in their ability to do so because the unelected special purpose district makes the decisions on where water and sewer service should be provided - allowing development to occur.
I understand that this Bill does not allow for the creation of any additional special purpose districts; however, it does allow existing districts that provide water services to join with other water-providing entities for the purpose of providing water and sewer services. In doing this, special purpose districts are not only sustained well into the future, but further empowered and enabled to expand their service territory. This is the exact opposite direction of where I think we should be heading.
The advent of Home Rule gave local governments the power to provide critical community services, such as water and sewer, and in giving this power to elected bodies it gave power back to the people. We support the idea of Home Rule and, for that reason, cannot support legislation that sustains or increases the power of special purpose districts. For these reasons, I have vetoed H. 3711, R. 74.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3490, R. 72.
This Bill mandates that circuit solicitors establish an alcohol education program in their respective circuits for persons ages 17-21 who commit certain alcohol-related offenses.
As we have stated many times, our bias rests in allowing those most directly accountable to the people - in this case, the circuit solicitor - to make decisions that affect the community. Without this legislation, solicitors already have the ability to implement an alcohol education program in the circuit they represent. There are solicitors who have already elected to do so and successfully run programs without Columbia's intervention. Ultimately, I believe, the people who elect that solicitor should judge the merit of the program and how it is administered.
H. 3490 (Word version) also gives repeat offenders a "second pass" without paying for the consequences of their actions. Existing law already allows first-time offenders to apply for Pre-Trial Intervention (PTI), which, in cases of alcohol use or drug use, can require an education class related to the offense. In essence, this legislation mandates a second loophole for offenders to use before there are any real consequences for their actions.
Finally, I ask the General Assembly to consider the message that this legislation sends to the people as a whole. It seems ironic that legislation weakening the penalties for alcohol-related offenses by minors sails through the General Assembly while legislation strengthening our weak DUI laws remains tied up in the legislative process. In fact, the DUI Bill, H. 3496, was introduced only five days after the introduction of this Bill. However, H. 3496 took a full two and half months longer to get voted out of the House than this legislation.
Today, roughly 40 percent of repeat DUI offenders plead guilty to a lesser offense. Not surprisingly, South Carolina currently ranks 9th in the nation in percentage of drunk drivers in fatal crashes. Meanwhile, H. 3496 languishes in a Senate committee. At some point, I ask that we put the victims and families of DUI crashes ahead of the needs of those who would, in this case, break the law.
For these reasons, I am vetoing H. 3490, R. 72.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker and Members of the House:
I am hereby vetoing H. 3409 (Word version), R. 69. Though the legislation was well-intended in an effort to improve the cost of operations at the Charleston Aviation Authority, I am regrettably compelled to veto this legislation because of my record opposing this type of legislation on the grounds of unconstitutionality.
This Bill mandates that two members be added to the Charleston County Aviation Authority and that those two members be the Chair and Vice-Chair of the Charleston County Legislative Delegation. The State Constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34(IX). The General Assembly has established a general statute addressing the appointment of additional members to county aviation commissions. See S.C. Code Section 55-1-80, as amended. It is unconstitutional for the General Assembly to pass special legislation, like H. 3409, R. 69, in contravention of a general law. Each county's aviation board or commission should be subject to the same general law, whether that includes the chair and vice-chair of the legislative delegation as additional members or not.
Additionally, this Bill affects only Charleston County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."
For these reasons, I am vetoing H. 3409, R. 69.
Sincerely,
Mark Sanford
Governor
Received as information.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3006 (Word version) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Whipper and Ceips: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
Ordered for consideration tomorrow.
S. 796 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY FROM MILE MARKER THREE TO MILE MARKER FIVE THE "CORPORAL MARK D. JONES HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL MARK D. JONES HIGHWAY".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4193 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE CROSSWALK ATOP THE LAKE ASHWOOD DAM IN LEE COUNTY THE "WAYNE W. BROWN CROSSWALK" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS CROSSWALK THAT CONTAIN THE WORDS "WAYNE W. BROWN CROSSWALK".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4196 (Word version) -- Reps. G. Brown, Weeks, J. H. Neal, Lowe and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 521 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 4212 (Word version) -- Reps. Mitchell, 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, 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 RECOGNIZE AND COMMEND THE SPARTANBURG HIGH SCHOOL LADY VIKINGS TRACK TEAM ON ITS IMPRESSIVE WIN OF THE 2007 CLASS AAAA STATE GIRLS TRACK CHAMPIONSHIP TITLE, AND TO HONOR THE RUNNERS, HEAD COACHES SHAY RICE AND GLOVER SMILEY, AND THEIR ASSISTANT COACHES AND STAFF.
The Resolution was adopted.
The following was introduced:
H. 4213 (Word version) -- Reps. Mitchell, 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 Resolution was adopted.
The following was introduced:
H. 4214 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION RECOGNIZING AND HONORING LEE COUNTY'S EMILY FAITH SNIPES, RECIPIENT OF THE GIRL SCOUT GOLD AWARD FROM THE GIRL SCOUT COUNCIL OF THE PEE DEE AREA.
The Resolution was adopted.
On motion of Rep. MITCHELL, with unanimous consent, the following was taken up for immediate consideration:
H. 4215 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO DECLARE JUNE 16, 2007, AS "JUNETEENTH CELEBRATION OF FREEDOM DAY" IN SOUTH CAROLINA AS A DAY OF REFLECTION AND COMMEMORATION OF THE FREEDOM OF AFRICAN-AMERICANS AND THEIR CONTRIBUTIONS TO THIS COUNTRY.
Whereas, due to God-given strength and determination, African-Americans survived and arrived in America after a month-long journey across the Atlantic Ocean known as the "Middle Passage" and Juneteenth acknowledges that journey; and
Whereas, "Juneteenth Celebration of Freedom Day" commemorates the day freedom was proclaimed to all slaves in the South by Union General Granger on June 19, 1865, in Galveston, Texas, more than two and a half years after the signing of the Emancipation Proclamation by President Abraham Lincoln; and
Whereas, Americans of all colors, creeds, cultures, religions, and countries of origins share in a common love of respect for freedom, as well as determination to protect their right to freedom through democratic institutions, by which the tenets of freedom are guaranteed and protected. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives do hereby declare June 16, 2007, as "Juneteenth Celebration of Freedom Day" in South Carolina and urge all citizens to recognize the importance of this celebration as a day of reflection and renewal commemorating African-American freedom.
The Resolution was adopted.
The following was introduced:
H. 4216 (Word version) -- Reps. Mitchell, 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,
Whereas, the Honorable Donald W. Beatty will soon take the oath to become an Associate Justice of the South Carolina Supreme Court, marking the latest achievement in a distinguished career in public service and the law; and
Whereas, the journey to becoming a Supreme Court Justice began for Donald W. Beatty in Spartanburg County, where he was born to Arthur and Ruth Beatty in 1952. He was educated in the public schools of Spartanburg County, and in 1974, received his undergraduate degree from South Carolina State University. After serving his nation in the military as an army commissioned officer, he continued his education and earned a juris doctor degree from the University of South Carolina School of Law in 1979; and
Whereas, admitted to the South Carolina Bar in 1979, Attorney Beatty began his legal career by working for the Neighborhood Legal Assistance Program in Spartanburg, thus fulfilling a personal commitment using his legal training to benefit those who could not afford paid legal representation. Following his two-year tenure with the legal assistance program, he engaged in private practice for approximately fourteen years until he was elected to the bench; and
Whereas, besides being an accomplished attorney, statesman, community leader, and jurist, Donald W. Beatty takes the greatest pride in his family, which includes his wife, Angela Chestnut Beatty, and children Brandon, Austine, and Morgan; and
Whereas, in spite of the demands of private practice, community activities, and family life, Donald W. Beatty maintained a commitment to public service beginning with his election to the Spartanburg County Council in 1988, later expanding to the state level with his election to the House of Representatives in 1990. After five years of distinguished service in the General Assembly, he was elected to the Circuit Court of the Seventh Judicial Circuit in 1995, and served as a trial judge until he was elevated to the Court of Appeals in April 2003; and
Whereas, in May 2007, Donald W. Beatty was elected to become an associate justice on the South Carolina Supreme Court upon the retirement of another eminent Spartanburg County jurist, the Honorable E.C. Burnett III, bringing to the state's highest court his vast experience as a private attorney, lawmaker, trial judge, and appellate judge. Justice-elect Beatty's tremendous legal knowledge, tireless work ethic, compassion, and numerous other admirable qualities will undoubtedly have a profoundly positive impact on our Supreme Court and provide a tremendous source of pride for the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize and honor The Honorable Donald W. Beatty of Spartanburg County on the occasion of his election as an Associate Justice of the South Carolina Supreme Court, and to wish him the very best as he embarks on the next chapter in a distinguished career in public service and the law.
The Resolution was adopted.
The following was introduced:
H. 4217 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAK SMYRL OF KERSHAW COUNTY FOR HIS DISTINGUISHED CAREER AS AN ARTIST AND WRITER AND TO THANK HIM FOR LIGHTENING THE HEARTS OF UNCOUNTED SOUTH CAROLINIANS WITH HIS CARTOON HUMOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4218 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION WELCOMING MR. TOM JOYNER AND THE TOM JOYNER MORNING "SKY SHOW" TO THE CITY OF SPARTANBURG ON JUNE 8, 2007, AND THANKING HIM AND THE TOM JOYNER FOUNDATION FOR HIGHLIGHTING THE ACHIEVEMENTS OF, AND PROVIDING FINANCIAL SUPPORT TO, SOUTH CAROLINA'S HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4219 (Word version) -- Reps. Cato and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 38 SO AS TO ENACT THE "VIATICAL SETTLEMENTS ACT", TO PROVIDE FOR THE PROTECTION OF
S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.
Referred to Committee on Judiciary
S. 278 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL TO RELEASE PROPERTY TAX REIMBURSEMENTS FOR THE ALLENDALE COUNTY SCHOOL DISTRICT FOR THE 2005-06 FISCAL YEAR THAT ARE CURRENTLY BEING WITHHELD BECAUSE OF THE FAILURE OF THE ALLENDALE COUNTY GOVERNMENT TO SUBMIT AUDITED FINANCIAL REPORTS FOR THE 2004-05 FISCAL YEAR, WITH THE AMOUNT RELEASED TO BE BASED UPON THE DISTRICT'S PORTION OF THE TOTAL PROPERTY TAX MILLAGE FOR THE COUNTY, WHICH IS 57.9646 PERCENT, MULTIPLIED BY THE TOTAL AMOUNT WITHHELD FOR THE COUNTY.
Referred to Committee on Ways and Means
S. 804 (Word version) -- Senator Alexander: A BILL TO AMEND ACT 604 OF 1994, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, SO AS TO AUTHORIZE THE COMMISSION TO APPOINT AND REMOVE THE EXECUTIVE DIRECTOR.
On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4220 (Word version) -- Reps. J. H. Neal, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME TO HIS EXCELLENCY ABDULSALAM ABUBAKAR, FORMER PRESIDENT OF NIGERIA, TO THE STATE OF SOUTH CAROLINA AS HE SPEAKS AT COLUMBIA'S BENEDICT
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4221 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE JOSEPH EDWARD ALLEN OF BEAUFORT COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER A LONG AND DISTINGUISHED CAREER.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Crawford Dantzler Davenport Delleney Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Leach Limehouse Loftis Lowe Lucas Mack McLeod Merrill Miller
Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, June 5.
Paul Agnew Gilda Cobb-Hunter Bill Cotty Tracy Edge James Harrison Patsy Knight Jackson "Seth" Whipper Carl Anderson Jerry Govan Fletcher Smith
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the week.
The SPEAKER granted Rep. MAHAFFEY a leave of absence for the week due to medical reasons.
The SPEAKER granted Rep. COLEMAN a leave of absence for the week.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.
The SPEAKER granted Rep. DUNCAN a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. STEWART a leave of absence for the day.
Announcement was made that Dr. Elizabeth Kline of Charleston 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. 3077 (Word version)
Date: ADD:
06/05/07 SHOOPMAN
Bill Number: H. 3077 (Word version)
Date: ADD:
06/05/07 HAMILTON
Bill Number: H. 3077 (Word version)
Date: ADD:
06/05/07 G. R. SMITH
Bill Number: H. 3077 (Word version)
Date: ADD:
06/05/07 CATO
Bill Number: H. 3077 (Word version)
Date: ADD:
06/05/07 BEDINGFIELD
The following Bill was taken up:
H. 4149 (Word version) -- Rep. Parks: A BILL TO AMEND ACT 472 OF 1976, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO CREATE ONE SINGLE-MEMBER AND TWO MULTI-MEMBER ELECTION DISTRICTS IN WHICH TRUSTEES SHALL RESIDE AND FROM WHICH MEMBERS MUST BE ELECTED.
Rep. PARKS moved to commit the Bill to the McCormick Delegation, which was agreed to.
The following Bill was taken up:
H. 4150 (Word version) -- Reps. Hagood, Stavrinakis, Limehouse, Miller, Scarborough and Young: A BILL TO AMEND ACT 340 OF 1967, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND THE GOVERNING BODY OF THE DISTRICT, SO
Reps. BREELAND and R. BROWN objected to the Bill.
The Bill was read second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, June 6, which was adopted:
H. 3145 (Word version) -- Reps. Talley and Littlejohn: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING SPARTANBURG COUNTY TO THE GOVERNING BODY OF SPARTANBURG COUNTY AND TO PROVIDE THAT THE APPOINTMENT OF MAGISTRATES IS NOT AFFECTED BY THE PROVISIONS OF THIS ACT.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
H. 4200 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF KERSHAW COUNTY AND TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Rep. WEEKS moved to adjourn debate upon the following Bill until Wednesday, June 6, which was adopted:
S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 686 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 13, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-13-12, TO PROVIDE THAT IT IS UNLAWFUL TO SNAG A FISH.
The motion of Rep. HAGOOD to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to:
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
The following Bill was taken up:
S. 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
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20349SD07), which was adopted:
Amend the bill, as and if amended, in Section 50-11-2200 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (E) to read:
/ (E) Nothing contained in this section shall interfere in any manner with the use and management of lands by a state agency in charge of these lands in the functions of the agency as authorized by law. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
Rep. FRYE moved to adjourn debate on the Bill until Sunday, July 15.
Rep. M. A. PITTS moved to table the motion, which was agreed to.
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. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts and Spires: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE
Rep. E. H. PITTS moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up:
S. 765 (Word version) -- Senators Leatherman and McConnell: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTY, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, IS THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA.
Rep. LOWE moved to table the Bill, which was agreed to.
The following Bill was taken up:
H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5333CM07), which was adopted:
Amend the bill, as and if amended, Section 23-23-120, as contained in SECTION 1, page 2, by adding after the period on line 36:
(G) No officer shall be required to assume the responsibility of the repayment of these or any other related costs by the employing agency of the governmental entity of the employing agency in their effort to be reimbursed pursuant to this section.
(H) Any agreement in existence on or before the effective date of this section, between a governmental entity and a law enforcement officer concerning the repayment of costs for mandatory training remains in effect to the extent that it does not violate the provisions of subsections (E), (F), or (G). No governmental entity shall, as a condition of employment, enter into a promissory note for the repayment of costs for mandatory training after the effective date of this section. /
When amended Section 23-23-120 shall read:
/ "Section 23-23-120. (A) For purposes of this section, 'governmental entity' means the State or any of its political subdivisions.
(B) After July 1, 2007, every governmental entity of this State intending to employ on a permanent basis a law enforcement officer who has satisfactorily completed the mandatory training as required under this chapter must comply with the provisions of this section.
(C) If the law enforcement officer has satisfactorily completed his mandatory training while employed by a governmental entity of this State and, within two years from the date of satisfactory completion of the mandatory training, a subsequent hiring governmental entity shall reimburse the governmental entity with whom the law enforcement officer was employed at the time of attending the mandatory training:
(1) one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or
(2) fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the
(D) If the law enforcement officer is employed by more than one successive governmental entity within the two year period after the date of satisfactory completion of the mandatory training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:
(1) one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or
(2) fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.
(E) The governmental entity that employed the officer during the training period or a governmental entity seeking reimbursement from a successive governmental entity employer must not be reimbursed for more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.
(F) A governmental entity, prior to seeking any other reimbursement, must first seek reimbursement from the subsequent hiring governmental entity under the provisions of this section. In no case may a governmental entity receive more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.
(G) No officer shall be required to assume the responsibility of the repayment of these or any other related costs by the employing agency of the governmental entity of the employing agency in their effort to be reimbursed pursuant to this section.
(H) Any agreement in existence on or before the effective date of this section, between a governmental entity and a law enforcement officer concerning the repayment of costs for mandatory training remains in effect to the extent that it does not violate the provisions of
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH moved to adjourn debate on the Bill, which was agreed to.
Rep. HAGOOD moved to adjourn debate upon the following Bill, which was adopted:
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
Rep. HAGOOD moved to adjourn debate upon the following Bill, which was adopted:
S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Rep. HAGOOD moved to adjourn debate upon the following Bill, which was adopted:
S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Rep. HAGOOD moved to adjourn debate upon the following Bill, which was adopted:
S. 370 (Word version) -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
Rep. GAMBRELL moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4178 (Word version) -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.
Rep. WALKER moved to adjourn debate upon the following Bill, which was adopted:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER
The following Joint Resolution was taken up:
H. 4202 (Word version) -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.
Reps. HARRELL and COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10143HTC07), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1(B)(2)(d) on page 2 and inserting:
/ (d) To the extent not provided pursuant to subitem (b) of this item, there is appropriated from the general fund of the State for state employer contributions for the state health plans the sum of $38,524,000.
(e)(i) There is appropriated from the general fund of the State to the trust fund established by law for the funding of state health insurance for state retirees the sum of $47,400,000.
(ii) In addition to and for the same purposes provided pursuant to subsubitem (i) of this subitem there is appropriated from surplus fiscal year 2006-2007 general fund revenues the sum of $16,079,104./
Amend further, as and if amended, in SECTION 1(B)(3), page 2, by adding immediately after subsubitem (ii):
/ (iii) In addition to other EFA appropriations made pursuant to this subitem, there is appropriated from surplus fiscal year 2006-2007
(iv) The Department of Education shall notify the State Treasurer if any school district in this State is projected to receive less state EFA funding for fiscal year 2007-2008 than such funding in the prior fiscal year. Upon notification, the treasurer shall disburse to the Department of Education a sufficient amount of the sum appropriated pursuant to subsubitem (iii) of this subitem to compensate for the difference that any district is projected to receive as compared to the prior fiscal year. The department shall use these funds to supplement the school district's monthly disbursement of state EFA funds so that the district's monthly disbursement is equivalent to the monthly disbursement in the prior fiscal year.
Ten million dollars of the sum appropriated pursuant to subsubitem (iii) of this subitem must be used by the State Department of Education to supplement the school districts that are negatively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability.
In fiscal year 2007-2008, school districts receiving a higher amount of state EFA funds because of the lack of revision of the 2007 Final Index of Taxpaying Ability shall direct those funds received through error of the 2007 Final Index of Taxpaying Ability towards non-recurring allowable expenditures.
The Department of Revenue shall calculate the 2008 Index of Taxpaying Ability on the 2007 Index of Taxpaying Ability as if amended. /
Amend further, as and if amended, by striking SECTION 1(B)(5), page 3, and inserting:
/ (5)(a) There is appropriated to the Department of Health and Human Services the sum of $30,000,000 for Medicaid program growth.
(b) There is appropriated to the Department of Health and Human Services from the general fund of the State the sum of $22,067,044 for the Children's Health Insurance Program (CHIP)./
Amend further, as and if amended, in SECTION 1(B), page 3, by adding a new item at the end to read:
/(6)(a) There is appropriated from surplus fiscal year 2006-2007 general fund revenue to the State Ports Authority the sum of $171,541,103 for the State Ports Authority port access road.
(b) The amount appropriated to the State Ports Authority for the port access road pursuant to this item must be credited to an account in the State Treasury, which is hereby established, separate and
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. LOWE moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
POINT OF QUORUM
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. COOPER moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading, which was agreed to:
H. 4202 (Word version) -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS
Rep. COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5343HTC07), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1(B), page 3, by adding an appropriately numbered item at the end to read:
/ ( ) There is appropriated from surplus fiscal year 2006-2007 general fund revenue the sum of $3,000,000 to the Department of Commerce for the Donaldson Development Commission. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. COOPER made a statement relative to the Conference Committee on H. 3620, the General Appropriations Bill.
Rep. SHOOPMAN asked unanimous consent to recall H. 3077 (Word version) from the Committee on Judiciary.
Rep. HASKINS objected.
Rep. G. M. SMITH asked unanimous consent to recall S. 274 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. MULVANEY moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 31, 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. 3232:
H. 3232 (Word version) -- Reps. Breeland, Mack, Anderson, R. Brown, Clyburn, Hart, Hosey, Howard, Jefferson, Scott and Williams: A BILL TO AMEND SECTION 56-3-7750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF FRATERNITY AND SORORITY SPECIAL LICENSE PLATES, SO AS TO PROVIDE FEES COLLECTED PURSUANT TO THIS SECTION MAY BE USED FOR ACADEMIC SCHOLARSHIPS, OR TO FUND PROGRAMS THAT SEND BOYS AND GIRLS WHO ARE AT LEAST EIGHT YEARS OLD AND NOT MORE THAN SIXTEEN YEARS OLD TO SUMMER CAMP, OR BOTH.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4222 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND DR. KAY R. RAFFIELD FOR HER EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS PRESIDENT OF CENTRAL CAROLINA TECHNICAL COLLEGE UPON HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4223 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO EXTEND A WARM AND HEARTY WELCOME AND EVERY
The Resolution was adopted.
The following was introduced:
H. 4224 (Word version) -- Reps. Cotty, Brady, Howard, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, 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, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA 2007 INTEL INTERNATIONAL SCIENCE AND ENGINEERING FAIR FINALISTS ON THEIR EDUCATIONAL AND RESEARCH ACHIEVEMENTS AND TO OFFER BEST WISHES TO THEM IN ALL THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4225 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO COMMEND EVELYN PITTMAN TICE, SPARTANBURG DEPUTY
The Resolution was adopted.
The following was introduced:
H. 4226 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE WOFFORD COLLEGE TERRIERS BASEBALL TEAM FOR WINNING THE 2007 SOUTHERN CONFERENCE CHAMPIONSHIP, AND FOR BEING THE FIRST BASEBALL TEAM IN THE HISTORY OF WOFFORD COLLEGE TO WIN THE SOUTHERN CONFERENCE CHAMPIONSHIP OR PLAY IN THE NCAA DIVISION I BASEBALL TOURNAMENT.
The Resolution was adopted.
The following was introduced:
H. 4227 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO REVIEW CHILD ABUSE INVESTIGATIONS AND INVESTIGATION PROCEDURES AND TO REPORT ITS FINDINGS AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES.
The Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.
The Senate sent to the House the following:
S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES-
The Senate sent to the House the following:
S. 814 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LUCILLE O'NEAL FOR HER LOVING COMMITMENT TO HER FAMILY, FAITH, AND COMMUNITY, AND FOR VISITING WILLIAMSBURG COUNTY TO ADDRESS THE KINGSTREE DISTRICT AME CHURCH SCHOOL CONVENTION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4228 (Word version) -- Reps. Moss, Phillips and Littlejohn: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.
On motion of Rep. MOSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4229 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS
The Senate Amendments to the following Bill were taken up for consideration:
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.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3699 (Word version) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO ESTABLISH A MORATORIUM ON THE PLACEMENT OF NEW MONUMENTS ON THE STATE HOUSE GROUNDS AND IN THE STATE HOUSE, EXCEPT FOR THE SENATE CHAMBER AND THE HOUSE OF REPRESENTATIVES CHAMBER; TO PROVIDE THAT TWO-THIRDS VOTE OF THE STATE HOUSE COMMITTEE IS REQUIRED TO LIFT THE MORATORIUM; TO PROVIDE THAT IF THE MORATORIUM IS LIFTED, A NEW MONUMENT MAY BE PLACED PURSUANT TO THIS ACT IF THE MONUMENT MEETS CERTAIN REQUIREMENTS OF
Rep. RICE explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J. H. Neal, M. A. Pitts, Sellers, F. N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
Rep. SANDIFER explained the Senate Amendments.
The Veto on the following Act was taken up:
(R67) H. 3289 (Word version) -- Rep. Vick: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Rep. VICK explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Battle Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Chalk Chellis Clemmons Clyburn Cobb-Hunter Dantzler Delleney Funderburk Govan Gullick Haley Hardwick Harrell Hart Harvin Haskins Hayes Hiott Hodges Hosey Huggins Jefferson Kelly Kennedy Knight Leach Limehouse Lucas Mack McLeod Miller
Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks E. H. Pitts Rutherford Sandifer Scarborough Sellers Simrill Skelton F. N. Smith W. D. Smith Spires Stavrinakis Taylor Vick Viers Walker Weeks Whipper Whitmire Williams Witherspoon
Those who voted in the negative are:
Bedingfield Bingham Cotty Crawford Hagood Hamilton Hinson Kirsh Lowe Merrill Owens Perry Pinson M. A. Pitts D. C. Smith G. R. Smith J. R. Smith Thompson Umphlett White Young
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R76) H. 3818 (Word version) -- Reps. Bowers and Brantley: AN ACT TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Bowers Brantley
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R77) H. 3833 (Word version) -- Reps. Moss, Littlejohn and Phillips: AN ACT TO PROVIDE THAT THE ELECTION OF THE MEMBERS OF THE BOARD OF TRUSTEES FOR CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE BOARD OF COMMISSIONERS OF PUBLIC WORKS FOR THE CITY OF GAFFNEY MUST BE HELD AT THE SAME TIME AS THE ELECTION FOR MEMBERS OF THE GOVERNING BODY OF THE CITY OF GAFFNEY AND TO PROVIDE THE MANNER IN WHICH THE RESULTS OF THESE ELECTIONS ARE DETERMINED.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Moss
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R69) H. 3409 (Word version) -- Reps. Scarborough and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Breeland R. Brown Dantzler Harrell Jefferson Limehouse Mack Merrill Miller Scarborough Stavrinakis Whipper
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R74) H. 3711 (Word version) -- Reps. Sandifer and Whitmire: AN ACT TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER
Rep. SANDIFER explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anthony Bales Bannister Barfield Battle Bingham Bowen Brady Branham Breeland G. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cotty Crawford Dantzler Frye Gambrell Gullick Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Kelly Knight Leach Lowe Lucas Mack McLeod Miller Moss J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires
Taylor Thompson Toole Vick Viers Walker Weeks White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Agnew Bedingfield Bowers Brantley Delleney Funderburk Kennedy Kirsh Simrill Stavrinakis
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Veto on the following Act was taken up:
(R72) H. 3490 (Word version) -- Reps. G. M. Smith, E. H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Rep. G. M. SMITH explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland G. Brown Cato Ceips Chellis Clemmons Cotty Crawford Delleney Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Harvin Hayes Hiott Hosey Howard Huggins Jefferson Kelly Knight Leach Limehouse Lowe Lucas Mack McLeod Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Rutherford Sandifer Scarborough Sellers Simrill Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Vick Viers Walker Weeks White Whitmire Williams Young
Those who voted in the negative are:
Hamilton Kirsh M. A. Pitts G. R. Smith Umphlett
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
Rep. HAGOOD moved to adjourn debate upon the following Bill, which was adopted:
H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
The following Bill was taken up:
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".
Rep. HAGOOD proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10142HTC07), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) of Section 20-4-350, as contained in SECTION 1, page 4, and inserting:
/ (A) Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall present a certified copy of the order to the family court. /
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 Bills were taken up, read the second time, and ordered to a third reading:
S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Rep. HAGOOD explained the Bill.
S. 268 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Rep. HAGOOD explained the Bill.
The following Bill was taken up:
S. 370 (Word version) -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
Reps. RUTHERFORD, F. N. SMITH, SELLERS, J. H. NEAL, HART, JEFFERSON, KENNEDY and ALLEN requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4178 (Word version) -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.
Rep. GAMBRELL explained the Joint Resolution.
Rep. BATTLE moved to table the Joint Resolution, which was not agreed to.
The Joint Resolution was read second time and ordered to third reading.
The following Bill was taken up:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES.
Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. HART, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING
Rep. HERBKERSMAN asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. SELLERS objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
Rep. SANDIFER moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 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
Rep. Scarborough proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10141SSP07), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2.A. Section 50-23-295 of the 1976 Code, as added by Act 403 of 2000, is amended to read:
"Section 50-23-295. (A) A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years for property tax years beginning after 1999, are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence where the taxes are due must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor shall must require certification that property taxes that are due and payable for property tax years beginning after 1999, have been paid by the current owner as of the date of sale and are current as of the date of sale.
(B) In addition to any applicable criminal penalties, falsely signing such a certification subjects the person signing the certification to a fee of five hundred dollars and suspension of any title issued in the applicant's name by the department. The title can be reinstated upon proof to the department of payment of all taxes due and payment of the five-hundred-dollar fee to the department.
(C) The county treasurer or other appropriate official annually, or more frequently as the county may deem considers appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed considered acceptable by the department.
The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold."
B. Section 50-23-295(B) takes effect three years after the date of approval of this act by the Governor. /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 50-23-60(A) of the 1976 Code, as last amended by Act 258 of 1996, is further amended to read:
"(A) Every owner of a watercraft or outboard motor required to be titled under this chapter shall apply to the department within thirty days of the purchase date for a certificate of title for the watercraft or outboard motor accompanied by the required fee and on the appropriate forms prescribed and furnished by the department. The application must be signed by the owner and must contain:
(1) the purchaser's name, street and mailing addresses, date of birth, and state-issued identification number and state of issue and social security number;
(2) for watercraft, a description of the watercraft, including its make, model, year, length, the principal material used in construction, builder's hull number, defined in Section 50-23-170, and the manufacturer's engine serial number if an inboard; for an outboard motor, its make, model, year, horsepower, and manufacturer's serial number;
(3) the date of purchase by the applicant, the name and address of the person from whom the watercraft or outboard motor was acquired, and the names and addresses of persons having a security interest in the order of their priority;
(4) further information reasonably required by the department to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the watercraft or outboard motor." /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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 Senate Amendments.
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.
Rep. HAGOOD explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 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
Rep. WHITE explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH
Rep. COOPER explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3279 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
The following Concurrent Resolution was taken up:
S. 787 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO
Rep. HARRELL moved to adjourn debate on the Concurrent Resolution, which was agreed to.
The following Concurrent Resolution was taken up:
S. 634 (Word version) -- Senators Grooms, Scott and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE".
Whereas, Phillip Michael Deese was born in Chesterfield County on July 7, 1968. He graduated from high school in Goose Creek and attended the College of Charleston, where he received his Bachelor of Science degree. Upon graduation, he worked in the private sector for several years before taking his first ride-a-long with a Dorchester County Deputy Sheriff. This exposure to the duties of a deputy sheriff in turn sparked a new career decision for Michael Deese; and
Whereas, Michael Deese was sworn into office with the Dorchester County Sheriff's Office as a Reserve Deputy in January 2000. As a Reserve Deputy he volunteered more than his required off-time hours from his full-time job. After approximately six months as a Reserve Deputy, Michael was sworn into office as a full-time Deputy Sheriff on July 5, 2000. He loved serving Dorchester County and believed strongly that his calling and duty in life was serving and protecting his fellow citizens. Deputy Deese graduated from the South Carolina Criminal Justice Academy as a distinguished graduate in September of 2001. He quickly established his resourcefulness, initiative, and enthusiasm by playing a crucial role in implementing the Dorchester County Sheriff's Office (DCSO) Bloodhound Tracking Team; and
Whereas, Deputy Deese went above and beyond the call of duty that night as he always had done while employed by the sheriff's office. On July 16, 2003, Deputy Deese was recognized by the South Carolina Sheriff's Association as the "Deputy of the Year" and also was awarded the "Medal of Valor" for his bravery that night. Deputy Deese is the only officer to be so distinguished in receiving both awards; and
Whereas, in December of 2003, Deputy Deese was selected to become a member of the Dorchester County Sheriff's Office Honor Guard. The duty of the honor guard is to present the colors at different DCSO functions including parades, promotion ceremonies, and other special events. The Honor Guard also plays a large part in funerals involving officers to include guarding and movement of the casket, presentation of the flag to the family, as well as rendering the twenty-one gun salute; and
Whereas, in July of 2005, Deputy Deese was promoted to Corporal. His family and friends were there to offer their support and express their enthusiasm for Michael and all that he had accomplished; and
Whereas, during his years of service, Corporal Deese worked in several different areas of the sheriff's office from road patrol to the Aggressive Criminal Enforcement Unit. His last assignment was working in the Region One area, which includes the upper part of Dorchester County to include St. George and Harleyville; and
Whereas, at approximately 5:17 p.m. a driver traveling east bound on his way home from work to his home in Summerville apparently fell asleep at the wheel. His truck traveled across the median and struck Corporal Deese's patrol vehicle head on. Both the driver of the truck, Corporal Deese, and K-9 Sonja were killed on impact. This tragedy has been a very emotional and trying time for the Dorchester County Sheriff's Office and the family of Corporal Deese, which includes his parents, wife, and three children; and
Whereas, Corporal Deese daily demonstrated the core values of the sheriff's office which are "Duty, Honor, and Service". In his own words he continues to speak to us... "I put my heart and soul into performing my duties, always striving to go above and beyond to meet the needs of my superiors as well as the residents of the county and state for whom I am sworn to serve and protect. I carry with me a sense of duty and honor and this is supported by my age, maturity level, decision-making skills, and the ability to stay calm and function above and beyond in times of extreme crises." These words certainly have been inscribed in the hearts of all who knew and served with him; and
Whereas, it would be fitting and proper for the members of the General Assembly to pay a lasting tribute to this son of South Carolina by having the interchange located at Exit 177 along Interstate Highway 26 in Dorchester County named in his honor. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, request that the Department of Transportation name the interchange located at Exit 177 along Interstate Highway 26 in Dorchester County "Corporal Phillip Michael Deese Memorial Interchange" and erect appropriate markers
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. WHITE.
The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.
Rep. YOUNG moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 5, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 64, S. 657 by a vote of 43 to 1:
(R64) S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 4, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 657 (Word version), R. 64.
This Bill creates the "South Carolina Critical Needs Nursing Initiative Act," to be administered by the Commission on Higher Education. However, the Bill also includes codification of two unrelated budget provisos, pertaining to the South Carolina Department of Health and Environmental Control, which were bobtailed onto the Bill during the legislative process.
My primary objection to this legislation is based on my opposition to bobtailing legislation. Bobtails are generally items simply tacked-on near the end of the legislative process, with little or no debate, to an unrelated Bill that seems likely to pass.
For more than a century, the state's Constitution has included a requirement that legislation contain one subject and not include unrelated items. In this case, the Bill amends three unrelated titles of South Carolina Code. Further, the underlying Bill provides for the recruitment of teaching professionals, while the bobtailed amendments deal with pharmacy dispensing and retention of fees. The two bobtailed sections were originally budget provisos in the Fiscal Year 2007-2008 Appropriations Act but were struck out on points of order under Rule 24A of the Senate. These same two sections were added to S. 657 in the Senate, seemingly in contradiction of Rule 24A, which states, "In order to be germane, an amendment must be a natural and logical change or expansion directly related to the specific subject of the Bill...."
The underlying Bill seeks to address our state's nursing teaching and nursing student shortage. While I believe the legislation is well-intended, it is also a piecemeal approach to addressing higher education priorities. According to the Office of State Budget, full implementation of this legislation will be at least $35.9 million. In addition, there is a proposal to spend up to $11 million in the FY 2007-2008 Appropriations Act to increase funding for nursing education above what this legislation authorizes.
At the same time, little has been done to look at and reduce the duplication and overlaps in the higher education system that needlessly consume dollars that could be used to pay for this program. Currently, South Carolina spends the second highest amount on higher education as a percentage of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. At the same time, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education.
There is proposed funding in the FY 2007-2008 Appropriations Act to establish a joint committee comprised of appointees from both the legislative and executive branches to develop a statewide higher education plan. In addition, hopefully the committee will identify waste and duplication in the system so that we can reinvest those dollars into needed programs and toward the benefits of our students.
For the reasons stated above, I am vetoing S. 657, R. 64, and returning it without my approval.
Sincerely,
Mark Sanford
Governor
Received as information.
The Veto on the following Act was taken up:
(R64) S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO IN-STATE FACILITIES DISPENSING DRUGS BEING REQUIRED TO BE PERMITTED BY THE BOARD OF PHARMACY AND BEING REQUIRED TO COMPLY WITH OTHER PROVISIONS, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM CERTAIN OF THESE REQUIREMENTS; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY
Rep. WHITE explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Anthony Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Cobb-Hunter Cotty Dantzler Delleney Frye Funderburk Gambrell Govan Gullick Hagood Haley Hardwick Harrell Harrison Hart Haskins Hinson Hiott Hodges Hosey Howard Huggins Jefferson Kelly Kirsh Knight Leach Limehouse Loftis Lucas Mack McLeod Merrill Miller Moss Mulvaney J. H. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers
Simrill Skelton G. M. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Young
Those who voted in the negative are:
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 5, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 66, S. 666 (Word version) by a vote of 43 to 1:
(R. 66, S. 666) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
May 29, 2007
The Honorable André Bauer
Dear President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 666 (Word version), R. 66.
Winthrop is one of the great teaching institutions of this State, and I applaud the work done by so many at this important school here in our State. The Bill in question adds two members, elected at-large by the General Assembly, to the Board of Trustees of Winthrop University.
I am vetoing this Bill because, I believe, it further perpetuates the problems we have in higher education in South Carolina, particularly the politicization of the colleges and universities here in Columbia. One could reasonably assume this Bill's purpose is to strengthen Winthrop's hand in its ability to compete with schools like Clemson or USC in procuring state funding. From a single institution's standpoint this could make sense, but from a statewide perspective perpetuating the current system makes no sense.
Many colleges and universities already have some form of lobbyist in Columbia to secure dollars through the legislative process. This type of legislation only furthers the notion that every college and university in the State needs to participate in an "arms race" to more effectively lobby the General Assembly for funding. However, as history indicates, the winners in that process are not the South Carolina families hoping to provide the next generation with a better education. There are several efforts pending that could work to change this larger "arms race" and until they take place I think it is best to hold on legislation like S. 666.
The challenges we have in higher education are significant. Since taking office, I have advocated for a more coordinated higher education system so that we can better utilize the money in our education system - and therefore make it more affordable. Our concern has been timely, given a recent rating of state higher education systems that ranked South Carolina as an "F" regarding our state's affordability. Having a post-secondary program will serve little purpose if our children cannot afford to participate.
Since 1990, South Carolina's in-state tuition at public schools has increased 244 percent. Last year, the Higher Education Pricing Index increased only 3.5 percent, while the average tuition for public four-year universities increased 12 percent - making us the highest among
As I mentioned earlier I am encouraged that we can make progress on this front. There is proposed funding in the FY 2007-2008 Appropriations Act to establish a joint committee comprised of appointees from both the legislative and executive branches to develop a statewide higher education plan. In addition, the committee will, hopefully, identify waste and duplication in the system so that we can reinvest those dollars into needed programs and toward the benefits of our students. Again, until these things take place I think it is best to wait on the actions Winthrop has proposed.
For these reasons, I am returning S. 666, R. 66 to you without my signature.
Sincerely,
Mark Sanford
Governor
Received as information.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 642 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL
S. 652 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE, OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, OR WHO ARE LEGALLY BLIND, SO AS TO ALLOW THE APPLICATION FOR THE EXEMPTION TO BE MADE BY MAIL OR BY INTERNET AND PROVIDE THE CIRCUMSTANCES WHEN MAIL OR INTERNET APPLICATIONS MAY BE PROCESSED.
Referred to Committee on Ways and Means
Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL
The following Bill was taken up:
H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
Rep. M. A. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18889MM07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION 1.A. This act may be cited as the "South Carolina Illegal Immigration Reform Act".
B. Section 1-31-40(A) of the 1976 Code is amended to read:
"(A) The commission shall:
(1) provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community;
(6) determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;
(7) establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;
(8) act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;
(9) seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;
(10) promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and
(11) establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and
(11)(12) perform other duties necessary to implement programs."
C. Title 8 of the 1976 Code is amended by adding:
Section 8-14-10. (A) As used in this article, the term:
(1) 'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars.
(2) 'Director' means the Executive Director of the State Budget and Control Board.
(3) 'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.
(4) 'Federal work authorization program' means the Basic Pilot Program or one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security, or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, or an electronic verification of work authorization program operated by a private entity and approved by the Attorney General.
(5) 'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.
(6) 'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds thirty percent of the total cost of all labor or exceeds five percent of the total contract price. Service contract excludes: (a) a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars; (b) a contract primarily for the acquisition of an end product; and (c) a contract that is predominantly for the performance of professional or consultant services.
(7) 'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor.
(8) 'Sub-subcontractor' means any person having a services contract with a subcontractor.
Section 8-14-20. (A) On or after July 1, 2008, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.
(B) A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor:
(1) agrees to both: (a) register and participate in the federal work authorization program to verify information of all new employees; and (b) require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or
(2) agrees to employ only workers who: (a) possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles; (b) are eligible to obtain South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or (c) possess a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.
(C) A public employer and contractor must not divide work or duties that would otherwise constitute a single contract into separate contracts for the purpose of avoiding the requirements of subsection (B).
(D) Subsection (B) applies as follows:
(1) on and after July 1, 2008, with respect to public employers, contractors, or subcontractors of five hundred or more employees;
(2) on and after July 1, 2009, with respect to public employers, contractors, or subcontractors of one hundred or more employees but less than five hundred employees; and
(3) on and after July 1, 2010, with respect to all other public employers, contractors, or subcontractors.
Section 8-14-30. The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this article for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.
Section 8-14-40. The director may prescribe all forms and promulgate regulations deemed necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
Section 8-14-50. A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this article to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this
Section 8-14-60. A contractor who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing any individual not authorized for employment in the United States."
D. Title 8 of the 1976 Code is amended by adding:
Section 8-28-10. (A) The Chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of South Carolina to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement.
(B) The memorandum of understanding negotiated pursuant to subsection (A) of this section shall be signed on behalf of the State by the Chief of the South Carolina Law Enforcement Division and the Governor, or as otherwise required by the appropriate federal agency.
(C) The Chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B) of this section. The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. No training shall be scheduled or take place until full funding, to include funding to hire additional law enforcement officers necessary to implement the requirements of this subsection, is secured.
(D) The Director of the South Carolina Department of Corrections, the sheriff of any county, and the governing body of any municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections
(E) A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."
E. Title 8 of the 1976 Code is amended by adding:
Section 8-29-10. (A) Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that are administered by an agency or a political subdivision of this State.
(B) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(C) Verification of lawful presence under this section shall not be required:
(1) for any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;
(2) for assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the person involved and are not related to an organ transplant procedure;
(3) for short-term, noncash, in-kind emergency disaster relief;
(4) for public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;
(5) for programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(a) deliver in-kind services at the community level, including through public or private nonprofit agencies;
(b) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and
(c) are necessary for the protection of life or safety;
(6) for prenatal care;
(7) for postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including, but not limited to, public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623; or
(8) for any benefits, programs, services or any other assistance provided to victims of domestic violence, irrespective of their immigration status, under the Violence Against Women Act of 2000, Public Law Number 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, Public Law Number 104-208.
(D) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows:
(1) the applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident eighteen years of age or older; or
(2) the applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the Federal Immigration and Nationality Act, Public Law 82-414, eighteen years of age or older, and lawfully present in the United States.
(E) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit shall be presumed to be proof of lawful presence for the purposes of this section.
(F) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this subsection, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be
(G) Persons convicted of a violation of this subsection are jointly and severably liable for any loss suffered by a person or an agency or political subdivision of the State.
(H) If an affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. Section 911, a complaint shall be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.
(I) It shall be unlawful for any agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this section. Each state agency or department that administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this section.
(J) All errors and significant delays by SAVE or its successor program shall be reported to the United States Department of Homeland Security and to the Secretary of State which shall monitor SAVE and its verification application errors and significant delays and report yearly on these errors and significant delays to ensure that SAVE is not wrongfully denying benefits to legal residents of South Carolina."
F. Title 8 of the 1976 Code is amended by adding:
Section 8-30-10. (A) The Executive Director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of any laws or regulations by any non-United States citizen or immigrant, and allegations of violations of any laws or regulations against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, federal work authorization or Basic Pilot Program violations, violations of Chapter 83 of Title 40 of this code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.
(B) The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter.
Section 8-30-20. The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."
G. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1175. (A) As used in this section, the term:
(1) 'Authorized employee' means any individual authorized for employment in the United States as defined in the Immigration Reform and Control Act of 1986.
(2) 'Labor services' means the physical performance of services in this State.
(B) On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply
(C) This section shall not apply to any business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized persons unlawful.
(D) This section shall not apply to any individual hired by the taxpayer prior to January 1, 2009.
(E) This section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.
(F) This section shall not apply to wages or remuneration paid for labor services to any individual who: (1) holds and presents to the taxpayer a valid license or identification card issued by the South Carolina Department of Motor Vehicles; (2) is eligible to obtain a South Carolina driver's license or identification card in that he meets the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or (3) possesses a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.
(G) No taxpayer shall be held liable for failing to comply with the provisions of this section if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was not an authorized employee. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.
(H) The Director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
(I) The Executive Director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
H. Chapter 8, Title 12 of the 1976 Code is amended by adding:
"Section 12-8-595. When withholding in accordance with Form 1099:
(A) A withholding agent as defined in Section 12-8-10, shall be required to withhold state income tax at the rate of six percent of the amount of compensation paid to an individual that compensation is reported on Form 1099 and with respect to which the individual has:
(1) failed to provide a taxpayer identification number;
(2) failed to provide a correct taxpayer identification number; or
(3) provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.
(B) Any withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such withholding agent is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of such form to the commissioner.
(C) A withholding agent must not be held liable for failing to withhold state income tax at a rate of six percent of the amount of compensation paid to an individual who provides a false or incorrect taxpayer identification number if the number provided is facially correct and the withholding agent does not know or should not have known based on reasonable investigation that the number provided is false or incorrect.
(D) The Executive Director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
I. Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:
"Section 16-9-460. (A) It shall be a felony for any person to transport, move, or attempt to transport within the State, or to solicit or conspire to transport or move within the State, any person knowingly or in reckless disregard of the fact that the person has come to, entered, or remained in the U.S. in violation of law, in furtherance of the person's illegal presence in the United States.
(B) It shall be a felony for any person to conceal, harbor, or shelter from detection, or to solicit or conspire to conceal, harbor, or shelter from detection any person in any place, including any building or means of transportation, knowingly or in reckless disregard of the fact that the person has come to, entered, or remained in the U.S. in violation of law, in furtherance of the person's illegal presence in the United States.
(C) Any person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, shall be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.
(D) A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendre to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State."
J. Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-525. (A) In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendre to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.
(B) A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.
(C) A person convicted of a violation of this subsection is jointly and severably liable for a loss suffered by a person or an agency or political subdivision of the State."
K. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1100. (A) When any person charged with any criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a
(B) If the prisoner is a foreign national, the keeper of the jail or other officer must make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
(C) Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice to the Department of Homeland Security for these expenses.
(D) Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release.
(E) The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
L. Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-25. (A) The discharge of any United States citizen or other person authorized to work in the United States by an employer in this State is an unfair trade practice as defined in this chapter if the purpose for discharging the person is to replace that worker with another person who the employer knew or should have known was not lawfully admitted to the United States, or not authorized to work in the United States. The discharged employee shall have a private cause of action for the unfair trade practice.
(B) An employer must not be held liable under this subsection for employing a person not authorized to work in the United States if, prior to or at the time the person was hired, the employer was complying with the provisions of Sections 8-14-10 through 8-14-60."
Section 40-83-10. This act shall be cited as the 'Registration of Immigration Assistance Service Act'.
Section 40-83-20. As used in this chapter, the term:
(A) 'Compensation' means money, property, services, promise of payment, or anything else of value.
(B) 'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.
(C) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.
(D) 'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.
(E) 'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:
(1) immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or
(2) action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
Section 43-83-30. (A) A person who provides or offers to provide immigration assistance service shall perform only the following services:
(1) completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;
(2) transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;
(3) translating information on forms to a customer and translating the customer's answers to questions posed on those forms;
(4) securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;
(5) translating documents from a foreign language into English;
(6) notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;
(7) making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;
(8) preparing or arranging for the preparation of photographs and fingerprints;
(9) arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;
(10) conducting English language and civics courses; and
(11) performing such other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.
(B) The following persons are exempt from this chapter:
(1) an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;
(2) a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or
(3) a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).
(C) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law.
(D) A person performing such services shall obtain a license from the director and as may be required by a local governing authority.
(E) A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide
'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'
(F) Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:
'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'
If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.
(G) A person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, licensed attorney, lawyer, or any other term that implies the person is an attorney.
(H) A person engaged in providing immigration services who is not exempted under this chapter must not do any of the following:
(1) accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;
(2) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;
(3) represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special
(4) provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or
(5) make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.
(I) Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.
(J) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It shall constitute a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover
(K) Persons convicted of a violation of this subsection are jointly and severably liable for any loss suffered by any person or any agency or political subdivision of the State.
(L) The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.
(M) This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."
N. Section 14-7-1630 is amended to read:
"Section 14-7-1630. (A) The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
(1) a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;
(2) a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;
(3) a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common
(4) a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;
(5) a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:
(a) involves an act dangerous to human life that is a violation of the criminal laws of this State;
(b) appears to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(c) occurs primarily within the territorial jurisdiction of this State;
(6) a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;
(7) a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and
(8) a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are two million dollars or more, as
(9) a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 8-9-10, if the number of such violations exceeds twenty, or if the public benefit received by a person from any such violation or combination of such violations exceeds twenty thousand dollars;
(10) a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of such violations exceeds twenty, or if the value of any ascertainable loss of money or property suffered by any person or persons from any such violation or combination of such violations exceeds twenty thousand dollars;
(11) a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-83-30, if the number of such violations exceeds twenty, or if any benefit received by any person from any such violation or combination of such violations exceeds twenty thousand dollars.
(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the chief administrative judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.
(C) In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Commissioner of the Department of Health and Environmental Control must consult with and, after investigation, provide a formal written recommendation to the Attorney General and the Chief of the South Carolina Law Enforcement Division. The Attorney General and the Chief of the South Carolina Law Enforcement Division must consider the impaneling of a state grand jury necessary before the Attorney General presents a petition, which includes the commissioner's written recommendation, to the chief administrative judge pursuant to Section 14-7-1630(B).
(1) In the case of evidence brought to the attention of the Attorney General, the Chief of the South Carolina Law Enforcement Division, or the Department of Health and Environmental Control by an employee or former employee of the alleged violating entity, there must also be separate, credible evidence of the violation in addition to the testimony or documents provided by the employee or former employee of the alleged violating entity.
(2) Where an individual employee performs a criminal violation of the environmental laws that results in actual and substantial harm pursuant to subsection (A)(8) and which prompts an investigation authorized by this article, only the individual employee is subject to the investigation unless or until there is separate, credible evidence that the individual's employer knew of, concealed, directed, or condoned the employee's action.
(D) The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.
(E) The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on
(F) The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.
(G) If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (F) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."
O. Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-530. (A) It is unlawful for a person who is not lawfully present in the United States to store, keep, buy, transport, distribute, manufacture, possess, or have in possession or permit another to store, keep, buy, transport, distribute, manufacture, possess, or have in possession a rifle, pistol, or any other firearm.
(B) It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a rifle, pistol, or any other firearm to any person who is not lawfully present in the United States.
(C) A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(D) A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
Rep. M. A. PITTS explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with police officer training while the Amendment dealt with immigration issues. He therefore sustained the Point of Order and ruled the Amendment out of order.
The Bill was read second time and ordered to third reading.
Rep. SHOOPMAN asked unanimous consent to recall H. 3077 (Word version) from the Committee on Judiciary.
Rep. HASKINS objected.
Rep. HERBKERSMAN asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
Rep. CATO explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3989 (Word version) -- Reps. Davenport, Haskins, Bedingfield, G. R. Smith, Ceips, Duncan, Littlejohn, Witherspoon, Agnew, Brantley, Chellis, Frye, Kelly, M. A. Pitts, Taylor, Young, Funderburk and Mulvaney: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL OR DECLINE IMPLEMENTATION OF THE "REAL ID ACT OF 2005" AND TO OPPOSE THE CREATION OF A FEDERAL NATIONAL IDENTIFICATION CARD.
H. 4087 (Word version) -- Reps. G. Brown, Lowe, J. H. Neal, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE
H. 4097 (Word version) -- Reps. Ballentine, Huggins, 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, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD TAMAH ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH KOON ROAD TO ITS INTERSECTION WITH OLD BRICKYARD ROAD "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL DAVID G. WEIMORTZ MEMORIAL HIGHWAY".
H. 4210 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, 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,
At 5:19 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of Douglas E. Stetson of Hilton Head, to meet at 10:00 a.m. tomorrow.
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