Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Genesis 28:15: "I am with you and will watch over you wherever you go, and I will bring you back to this land. I will not leave you until I have done what I have promised you."
Let us pray. Our gracious heavenly Father, we give You thanks for Your blessings bestowed upon these Representatives and staff during these months of Session. We request Your continued blessings upon them as they return home to family, friends, and constituents. Guide them and fill them with Your grace in the months ahead. Do not neglect them in the days off, but be their sustainer in all things. Bless our Nation, President, State, Governor, Speaker, staff, security, administrators, pages, maintenance and all others who serve in government and private enterprise. Protect our defenders of freedom at home and abroad who protect us. Hear our prayer, O God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HUGGINS moved that when the House adjourns, it adjourn in memory of James H. Schultz, Jr., of Irmo, which was agreed to.
The SPEAKER ordered the following Veto printed in the Journal:
June 6, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
I am hereby returning without my approval H. 3161 (Word version), R. 95, a Bill that reaffirms and furthers the state's unusual control of our public school transportation system.
South Carolina is the only state in the country that owns and operates a statewide bus system. Our fleet of 5,700 buses represents fully half of all the state-owned buses nationally. Owning and operating the nation's largest state-owned system has led to increased regulations, specifically in regard to mandated engine horsepower, seating capacity and frame design - all of which have combined to increase the purchase price of buses in South Carolina.
South Carolina spends more per mile driven and more per pupil transported than states like Georgia, Florida, and even Mississippi. Running a costlier transportation system is one of the reasons why South Carolina ranks 38th nationally in the percentage of educational dollars that get to the classroom.
Unfortunately, H. 3161 would simply perpetuate this system. Some would say it would make this already bad situation worse because given the stringent state-mandated regulations associated with a statewide system, it would guarantee higher bus costs going forward. The sticker price of implementing the 15-year replacement cycle established by this Bill would mean a $26.9 million commitment each year to buy 370 new buses - $3.7 million more than what our neighboring states pay to institute a comparable cycle using similarly-equipped buses.
In fact, this estimated cost may actually be higher since the bus specification requirements included in bids issued by the State Department of Education serve to reduce the number of bidders and, consequently, increase prices.
As I have stated in prior veto messages, I believe that a more effective approach to our public school transportation system is to, at minimum, leverage the private sector - either through contracting with private providers, as two school districts have done in recent years, or leasing a substantial portion of our school bus fleet - and in the long run move to a locally run system. The school bus needs in the flat land of Jasper County are far different than the needs of the very hilly Pickens County.
The TransPar group conducted an evaluation of the state's transportation system in 2006 and found that by using $9 million out of the $36 million appropriated for school bus purchases in 2006-07 one could lease 1,000 new buses - rather than using the entire amount to
I also believe that we should be moving away from the state-owned and -operated approach not only for reasons of cost, but to improve quality of life. I favor the sort of local control of our public transportation system that the Legislature seemed to be moving toward in passing the Safe Routes to School Act of 2004. That act allowed municipal and county governing bodies to work with school districts to identify and eliminate barriers to students who chose to walk or ride their bicycles to school. The Federal Highway Administration supported the Safe Routes to School initiative by committing $3.6 million in Federal money to support grants of $200,000 per school board to provide infrastructure, training, and information for parents so that more students can safely walk to school.
Finally, the Bill and Melinda Gates Foundation has put $2.2 billion into their small school initiative because they have seen clear correlation between smaller school size and educational performance. In the present system, there is little local incentive to build more local schools because the State picks up the tab for transportation.
So I think that changing the overall system could impact some of the foundations of our educational system, bus routes themselves and associated sprawl and finally dollars going into the actual classroom. Unfortunately, H. 3161 would once again assert the state's predominant role when it comes to transportation.
For all of these reasons, I am vetoing H. 3161, R. 95, and returning it without my approval.
Sincerely,
Mark Sanford
Governor
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
June 6, 2007
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
I am hereby vetoing and returning without my approval H. 3510 (Word version), R. 97.
This Bill would make a hunting permit the only legal document for hunting migratory waterfowl in South Carolina. There is also some cleanup language of the migratory waterfowl committee and the sale of stamps to allow for the sale of commemorative stamps. Finally, this legislation increases the stamp from $5.50 to $10.
If the Bill came to me with only the first two sections, I would have supported this legislation. Furthermore, it is my understanding that the Department of Natural Resources (DNR) pushed for the first two components of this Bill, but it was some in the legislative body who added the third component. The fee increase on hunters is, in my view, problematic. As a result, I am compelled to veto this legislation.
What I find particularly amazing is that, in a year where $1.5 billion in new revenue is coming to Columbia, that legislation nearly doubling the duck stamp fee is sent to my desk. While a dedicated fee ensures that cost is clearly tied to benefit, the financial picture in Columbia lends itself to being more prudent with fee increases. Last year, the migratory waterfowl program ran a surplus of $34,000, adding questions as to whether a fee increase is necessary at this time.
Even if the General Assembly were not willing to use any of the additional revenues in this historic year to provide additional funds, there are simple savings at the Department of Natural Resources that could be used for wildlife management programs like this one. Over the past three years, we have proposed in the Executive Budget a plan that would consolidate boat registration and titling into the Department of Motor Vehicles. There would be a large public benefit because DMV currently has 68 offices statewide versus the five that DNR operates. In addition, unlike DNR, the DMV offers Saturday hours in some locations as an added benefit to the public. The estimated cost savings of this program would be approximately $1.6 million that could be reinvested into the agency for conservation-related programs. In short, there are other options available to policymakers before imposing a permanent fee increase on the duck hunters of this State.
For the above reasons, I am vetoing H. 3510, R. 97.
Sincerely,
Mark Sanford
Governor
Received as information.
The following was introduced:
H. 4240 (Word version) -- Rep. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR STEVE WOODWARD OF CHEROKEE COUNTY FOR HIS COURAGE IN RESCUING SEVEN GAFFNEY RESIDENTS FROM A FIRE.
The Resolution was adopted.
The following was introduced:
H. 4241 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND MS. MELINDA BOGGS, SPECIAL EDUCATION TEACHER AT IVA ELEMENTARY SCHOOL IN ANDERSON COUNTY, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA, AND TO CONGRATULATE HER UPON BEING NAMED 2007 TEACHER OF THE YEAR FOR IVA ELEMENTARY SCHOOL.
The Resolution was adopted.
The following was introduced:
H. 4242 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF GASTON ON THE OCCASION OF THE TWENTY-FIFTH ANNIVERSARY OF THE GASTON COLLARD FESTIVAL AND TO WISH ITS RESIDENTS MUCH SUCCESS IN ALL THEIR FUTURE CELEBRATIONS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4243 (Word version) -- Reps. Kelly, F. N. Smith, Simrill, Bedingfield, Shoopman, Leach, Limehouse, M. A. Pitts, Rutherford, Scarborough and Witherspoon: A BILL TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING OF A FIREARM IN A PUBLIC BUILDING OR AN AREA ADJACENT TO IT, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY LAWFULLY MAY CARRY A FIREARM ON PROPERTY OWNED, OPERATED, OR CONTROLLED BY CERTAIN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS; AND TO AMEND SECTION 23-31-240, RELATING TO A LIST OF PERSONS WHO ARE ALLOWED TO CARRY A CONCEALABLE WEAPON WHEN PERFORMING THE DUTIES OF THEIR OFFICE, SO AS TO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY AMONG THIS LIST OF PERSONS.
Referred to Committee on Judiciary
The following was introduced:
H. 4244 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO COMMEMORATE PALMETTO STATE BANK, ITS EMPLOYEES, AND RETIREES, ON ITS 100TH ANNIVERSARY, AND EXTEND BEST WISHES FOR CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4245 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WBHC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO HAMPTON COUNTY.
The Resolution was adopted.
The following was introduced:
H. 4246 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE FROCK SHOP OF HAMPTON ON ITS SIXTIETH ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY SUCCESSFUL YEARS TO COME.
The Resolution was adopted.
The following was introduced:
H. 4247 (Word version) -- Reps. Neilson and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MIDDENDORF BAPTIST CHURCH OF CHESTERFIELD COUNTY ON THE CELEBRATION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO WELCOME TO SOUTH CAROLINA AND TO THIS CELEBRATION AMBASSADOR J. W. MIDDENDORF, JR., WHOSE FAMILY'S KINDNESS AND GENEROSITY WERE INSTRUMENTAL IN HELPING ESTABLISH THE CHURCH'S FIRST SANCTUARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4248 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR THE REVEREND VINCENT L. MITCHELL FOR HIS DEDICATED LEADERSHIP AND GLORIOUS SERVICE AS PASTOR OF ROCK HILL BAPTIST CHURCH NUMBER ONE IN GREENVILLE COUNTY, AND ON THE OCCASION OF HIS SECOND ANNIVERSARY AS ITS PASTOR.
The Resolution was adopted.
The following was introduced:
H. 4249 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND CELEBRATE THE ACCOMPLISHMENTS OF REVEREND TERRY A. KING, PASTOR OF ROCK OF AGES BAPTIST CHURCH IN GREENVILLE COUNTY.
The Resolution was adopted.
The following was introduced:
H. 4250 (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 RECOGNIZING GLENDA PATRICIA SIMS OF SPARTANBURG COUNTY ON THE OCCASION OF HER RETIREMENT AS PROFESSOR OF NURSING AT THE UNIVERSITY OF SOUTH CAROLINA UPSTATE AND EXPRESSING GRATITUDE FOR HER DECADES OF SERVICE IN BOTH THE CLINICAL PRACTICE AND TEACHING OF NURSING.
The Resolution was adopted.
The following was introduced:
H. 4251 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR ANNA TEAL STRANGE OF KERSHAW COUNTY ON THE OCCASION OF HER RETIREMENT FROM CENTRAL CAROLINA TECHNICAL COLLEGE, AND TO WISH HER THE BEST IN HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4252 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION REQUESTING STATE AGENCIES SELLING LAND IN EXCESS OF FORTY ACRES TO SUBMIT THE PROPOSAL FOR SUCH A SALE TO THE LOCAL LEGISLATIVE DELEGATION FOR APPROVAL.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman
Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Loftis Lucas Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Toole Umphlett Vick Viers Weeks White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, June 7.
Bill Cotty Phillip Lowe Michael Thompson Jackson "Seth" Whipper William R. "Bill" Whitmire Kenneth Kennedy Robert Walker Todd Rutherford Joseph Neal Jerry Govan
The SPEAKER granted Rep. BATTLE a leave of absence for the day to attend a funeral.
Announcement was made that Dr. Beverly Y. Simons of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3611 (Word version)
Date: ADD:
06/07/07 WHITE
Bill Number: H. 3739 (Word version)
Date: REMOVE:
06/07/07 GULLICK
The following Bill was taken up:
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.
Rep. TALLEY moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
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. 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.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4228 (Word version) -- Reps. Moss, Phillips and Littlejohn: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
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,
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
The following Bill was taken up:
H. 3006 (Word version) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips and Whipper: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED
The Education and Public Works Committee proposed the following Amendment No. 1(Doc Name COUNCIL\AGM\18874MM07):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 56-5-160 of the 1976 Code is amended to read:
"Section 56-5-160. Every A device propelled solely by human power upon which any person may ride, having two tandem wheels, pedals, operated by one or more persons, and having two or more wheels, except children's tricycles, is a 'bicycle'."
SECTION 2. Section 56-5-1810(b) of the 1976 Code is amended to read:
"(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall must be driven in the right-hand lane then available for traffic or, if there is only one lane available for traffic in that direction, as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway the driver of the slow-moving vehicle must necessarily drive in a lane other than the right-hand lane to continue on his intended route. The intent of this subsection is to facilitate the overtaking of slow-moving vehicles by faster-moving vehicles."
SECTION 3. Section 56-19-10(2) of the 1976 Code is amended to read:
"(2) 'Bicycle' means every a device propelled solely by human power upon which a person may ride, having two tandem wheels
Section 56-5-3410. These regulations The provisions of this article are applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein in this article.
Section 56-5-3420. Every A person riding a bicycle upon a roadway shall must be granted all of the rights and shall be is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations provisions in this article and except as to those provisions of this chapter which by their nature can have no application.
Section 56-5-3423. (A) Whenever a usable lane for bicycles has been provided adjacent to a roadway, operators of motor vehicles may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane.
(B) For purposes of this section, 'bicycle lane' means a portion of the roadway that has been designated by striping, pavement markings, and signage for the preferential or exclusive use of bicyclists.
Section 56-5-3425. Notwithstanding the provisions of Section 56-5-1810, a bicyclist is not required to ride on the shoulder of the roadway in order to ride as close as practicable to the right-hand curb or edge of the roadway. However, a bicyclist is not prohibited from riding on the shoulder of the roadway.
Section 56-5-3430. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
Persons riding bicycles upon a roadway shall not ride more than two abreast single file except on paths or parts of roadways set aside for the exclusive use of bicycles or when passing another person riding a bicycle.
Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
Section 56-5-3435. An operator of a motor vehicle shall allow a safe operating distance between the motor vehicle and a bicycle when passing and overtaking a bicyclist.
Section 56-5-3440. A person propelling a bicycle shall may not ride other than upon or astride a permanent and regular seat attached thereto to the bicycle. No bicycle shall may be used to carry more persons at one time than the number for which it is designed and equipped.
Section 56-5-3450. No A person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall may not attach it or them or himself to any a vehicle upon a roadway.
Section 56-5-3460. No A person operating a bicycle shall may not carry any package, bundle, or article which that prevents the rider from keeping at least one hand upon the handle bars.
Section 56-5-3470. Every A bicycle when in use at nighttime shall must be equipped with a lamp on the front which shall must emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear which shall that must be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of the lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.
Section 56-5-3480. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle, except as provided in Section 56-5-3515.
Section 56-5-3485. (A)(1) A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.
(2) A bicyclist shall indicate a left turn by extending the left arm horizontally.
(3) A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.
(B) A bicyclist is not required to give signals provided for in subsection (A) continuously if the hand or arm is needed to control the bicycle.
Section 56-5-3490. Every A bicycle shall must be equipped with a brake which that will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Section 56-5-3500. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article (A) A person who violates a provision of this article is guilty of a misdemeanor and must be fined or imprisoned in the discretion of the court; however, if a collision results from a violation, the court shall consider the violation an aggravating circumstance and impose a penalty accordingly.
(B) A citation issued to a person fifteen years of age or older who violates a provision of this article must include the person's driver's license number or state identification card number.
Section 56-5-3510. A bicyclist fifteen years of age or older shall carry his driver's license or state identification card when riding a bicycle on a roadway.
Section 56-5-3515. (A) An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle provided in Section 56-5-760.
(B) An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
(C) Notwithstanding the provisions of Section 56-5-760(C), an authorized police patrol bicycle acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of Section 56-5-4970 or visual signals meeting the requirements of Section 56-5-4700."
SECTION 5. This act takes effect upon approval by the Governor, except that the provisions of Section 56-5-3500(B) and Section 56-5-3510 take effect six months after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MILLER explained the amendment.
Reps. COOPER, LOFTIS, CRAWFORD, KIRSH, R. BROWN, KENNEDY, MILLER, UMPHLETT, CATO, BEDINGFIELD, J. R. SMITH, G. R. SMITH, PERRY, VIERS, COTTY, WHITMIRE and CHALK requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 793 (Word version) -- Senators Cleary and Elliott: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
Rep. BARFIELD explained the Bill.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. BEDINGFIELD objected.
Rep. DAVENPORT asked unanimous consent to recall H. 4227 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SCOTT objected.
The Veto on the following Act was taken up:
(R63) S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: AN ACT TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE IN AN AMOUNT DETERMINED BY THE BOARD NOT EXCEED A SPECIFIED AMOUNT.
Rep. R. BROWN moved to adjourn debate on the Veto until Friday, June 8, which was agreed to.
The Veto on the following Act was taken up:
(R58) S. 174 (Word version) -- Senator Elliott: AN ACT TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE AND THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
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:
Barfield Clemmons Edge Hardwick Vick Viers Witherspoon
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 Senate Amendments to the following Bill were taken up for consideration:
H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
Rep. G. M. SMITH proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\11763AC07), which was adopted:
Amend the bill, as and if amended, Section 23-3-620(A), page 3 by deleting lines 32 through 43 and on page 4 by deleting lines 1 through 3 and inserting:
/(B) A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, or other location as specified by the sentencing court detention facility at the time the person is booked and processed into the jail or detention facility following the custodial arrest, or other location when the taking of fingerprints is required. The sample must be submitted to SLED as directed by SLED. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody pursuant to the provisions of this section must provide a DNA sample at a location as specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance. /
Amend the bill further, Section 23-3-660(B), page 6, line 19 after /SLED/ by inserting/ , at no cost to the person,/
Amend the bill further, by adding an appropriately numbered SECTION to read:
"(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted at the time the person is booked and processed into a jail or detention facility or other location when the taking of fingerprints is required. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. KELLY proposed the following Amendment No. 3A (Doc Name COUNCIL\NBD\11773AC07), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KELLY explained the amendment.
Rep. SCARBOROUGH moved to adjourn debate on the Senate Amendments.
Rep. HARRISON moved to table the motion, which was agreed to.
Rep. HARRISON spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. TALLEY demanded the yeas and nays which were taken, resulting as follows:
Agnew Ballentine Bannister Barfield Bingham Bowers Brady Branham Cato Ceips Chalk Chellis Clyburn Cotty Dantzler Delleney Duncan Frye Funderburk Hagood Hardwick Harrell Harrison Harvin Hayes Herbkersman Hinson Hiott Hosey Jennings Kirsh Knight Lucas McLeod Merrill Miller Moss Neilson Owens Perry Pinson M. A. Pitts Rice Sandifer Scarborough Sellers Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Taylor Umphlett Vick Viers Walker Weeks Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Allen Anderson Anthony Bedingfield Bowen Brantley Breeland Clemmons Cooper Crawford Davenport Edge Gambrell Gullick Haley Hamilton Hart Haskins Hodges Howard Huggins Jefferson Kelly Kennedy Leach Limehouse Loftis Lowe Mack Mitchell Mulvaney E. H. Pitts Rutherford Scott Shoopman Simrill F. N. Smith G. R. Smith Spires
Stavrinakis Talley Thompson Toole White
So, the amendment was tabled.
Reps. HOWARD, HARRISON and CATO proposed the following Amendment No. 4A (Doc Name COUNCIL\NBD\11799AC07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 40-47-20(36) of the 1976 Code, as last amended by Act 385 of 2006, is further amended to read:
"(36) 'Practice of Medicine' means:
(a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;
(b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
(c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management or pregnancy and parturition;
(d) offering or undertaking to perform any surgical operation upon a person;
(e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent; however, this subsection does not apply to an out-of-state physician's provision of services that are related to utilization review or medical necessity determinations provided to an insurer, health maintenance organization, third party administrator, or other health plan;
(f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;
(g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any
(h g) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion."
B. Notwithstanding any other effective date in the act, this section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 4A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with the licensure of emergency medical technicians, but Amendment No. 4A attempted to broaden the subject matter to deal with definition of the practice of medicine. He therefore sustained the Point of Order and ruled the Amendment out of order.
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. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F. N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M. A. Pitts, Rice, Sandifer, J. R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: A JOINT RESOLUTION TO CREATE THE
Rep. LOFTIS proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3399SSP07), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds that:
(1) access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life;
(2) affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace;
(3) in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services;
(4) broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals;
(5) broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities;
(6) broadband service currently is being provided using a number of different technologies, each of which has unique characteristics and advantages;
(7) communications service providers in South Carolina, including those in rural areas of the State, have invested and continue to invest significant amounts of capital to deploy and maintain networks to make broadband services available to the vast majority of South Carolina citizens;
(8) access to computers and broadband access at home and at school enhances the learning environment for school age children; and
(9) changes to the 2495-2690 MHz band of the spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable EBS and
(B) It is the goal of the General Assembly to ensure that:
(1) all South Carolinians have affordable access to broadband products and services as quickly as possible; and
(2) the policies of this State promote technological neutrality, competition, investment, and innovation so that broadband service providers have sufficient incentive to develop and offer these products and services.
(C) There is created a committee to be known as the "South Carolina Broadband Technology and Communications Study Committee", composed of the following seventeen members, of whom fourteen are voting members and three are nonvoting members:
(1) two members of the Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(4) two members of the private sector appointed by the Speaker of the House of Representatives, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(5) one member from the private sector who has a background of substantial duration and expertise in telecommunications or broadband issues appointed by the Governor;
(6) one member to represent the Municipal Association of South Carolina appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(7) one member to represent the South Carolina Association of Counties appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(8) the President of Trident Technical College or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(9) the Secretary of Commerce or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(10) the President of the South Carolina Educational Television or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(11) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(12) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve ex officio in a nonvoting and advisory capacity; and
(13) the Director of the State Library, or his designee, who shall serve ex officio in a nonvoting and advisory capacity.
(D) The President Pro Tempore of the Senate shall designate a co-chairperson to the committee from the Senate membership of the committee and the Speaker of the House of Representatives shall designate a co-chairperson of the committee from the House of Representatives membership of the committee.
(E) Committee members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the committee while they hold that office. A vacancy in the membership of the committee must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Committee members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13, Title 8 of the Code. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(F) Committee members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the committee.
(G) The committee has no authority over the portion of the spectrum allocated to public safety services or the broadband assets of the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina.
(H) The committee has the following powers and duties:
(1) evaluate how to best foster a partnership between the private sector and public sector to accomplish the goals of this section;
(2) engage consultants and counsel with expertise in issues relating to the operation of large broadband networks to advise and assist the committee in the evaluation of information and data;
(3) evaluate the state's broadband communications infrastructure to determine whether and where broadband services are available, by whom they are provided, and by what manner of technology;
(4) assess the need for broadband services in unserved and underserved areas within the State;
(5) develop an inventory of locations within the State at which broadband services are not available or are underutilized;
(6) identify the types and locations of infrastructure and different technologies and services required to satisfy the need for broadband services;
(7) make recommendations to the General Assembly regarding the best method of leasing the excess capacity of EBS licensees and other assets in this State. In making its recommendations, the committee must consider whether broadband service expansion should be accomplished in a manner that allows South Carolina based broadband providers a reasonable opportunity to contribute toward the realization of the goals of this section. Excess capacity must not be leased prior to the issuance of the recommendations of the study committee. Upon issuance of favorable recommendations of the study committee, the EBS licensees are authorized to lease excess capacity and other assets in cooperation with the Division of the CIO. The awarding of contracts for the lease of excess capacity must be done by competitive solicitation in accordance with the South Carolina Consolidated Procurement Code. In entering into contracts to allow third parties to lease the EBS licensee's excess capacity, the EBS licensee and the Division of the CIO must not impose any pricing requirements on those third parties. The committee must make recommendations to the General Assembly as to how best to utilize the funds received from the lease of excess capacity. The committee must consider, at a minimum, whether the funds should be used to offset the costs of broadband service for qualified low-income subscribers, whether the licensee or other state entity should receive all or a portion of the funds, or any other use of the funds to the benefit of the State; and
(8) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State to advance the goal of providing all South Carolinians with affordable access to broadband products and services; provided that any policies recommended by the committee should promote technological competition, investment, and innovation to
(I) In performing its powers and duties, the committee must act in the public interest. For purposes of this section, "public interest" includes, but is not limited to, a balancing of the following:
(1) concerns of the using and consuming public with respect to broadband services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina;
(3) recognition of the investments made in existing broadband networks; and
(4) encouragement of continued private investment in and maintenance of broadband facilities so as to provide reliable and high quality broadband services.
(J) The committee must use clerical and professional employees of the Senate and the House of Representatives for its staff, as approved and designated by the President Pro Tempore of the Senate and the Speaker of the House, respectively. Upon request by the committee, the Division of the CIO and ETV must make available to the committee technical and professional staff. The costs and expenses of the legislative members of the committee must be paid from the approved accounts of the Senate and the House of Representatives, respectively, in the exercise of the duties of and work on behalf of the committee. Other committee members' allowable expenses must be paid for by the Division of the CIO.
(K) The committee must submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2007.
(L) Notwithstanding Section 11-45-105(2), as last amended by Senate Bill 91 enrolled for ratification on June 5, 2007, the study committee may issue a report to allow the sale, lease, or other disposition of telecommunications and information technology infrastructure of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. LOFTIS proposed the following Amendment No. 2A (Doc Name COUNCIL\DKA\3400SSP07), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) The General Assembly finds that:
(1) access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life;
(2) affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace;
(3) in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services;
(4) broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals;
(5) broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities;
(6) broadband service currently is being provided using a number of different technologies, each of which has unique characteristics and advantages;
(7) communications service providers in South Carolina, including those in rural areas of the State, have invested and continue to invest significant amounts of capital to deploy and maintain networks to make broadband services available to the vast majority of South Carolina citizens;
(8) access to computers and broadband access at home and at school enhances the learning environment for school age children; and
(9) changes to the 2495-2690 MHz band of the spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable EBS and BRS providers to use that spectrum in a more technologically and economically efficient manner, encourage licensees to digitize their frequencies thereby creating excess capacity on their spectrum, and allow licensees to lease up to ninety-five percent of their capacity to commercial entities.
(B) It is the goal of the General Assembly to ensure that:
(1) all South Carolinians have affordable access to broadband products and services as quickly as possible; and
(2) the policies of this State promote technological neutrality, competition, investment, and innovation so that broadband service providers have sufficient incentive to develop and offer these products and services.
(C) There is created a committee to be known as the "South Carolina Broadband Technology and Communications Study Committee", composed of the following seventeen members, of whom fourteen are voting members and three are nonvoting members:
(1) two members of the Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(4) two members of the private sector appointed by the Speaker of the House of Representatives, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(5) one member from the private sector who has a background of substantial duration and expertise in telecommunications or broadband issues appointed by the Governor;
(6) one member to represent the Municipal Association of South Carolina appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(7) one member to represent the South Carolina Association of Counties appointed by the Governor, who shall serve ex officio in a nonvoting and advisory capacity;
(8) the President of Trident Technical College or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(9) the Secretary of Commerce or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(10) the President of the South Carolina Educational Television or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(11) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(12) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve ex officio in a nonvoting and advisory capacity; and
(13) the Director of the State Library, or his designee, who shall serve ex officio in a nonvoting and advisory capacity.
(D) The President Pro Tempore of the Senate shall designate a co-chairperson to the committee from the Senate membership of the committee and the Speaker of the House of Representatives shall designate a co-chairperson of the committee from the House of Representatives membership of the committee.
(E) Committee members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the committee while they hold that office. A vacancy in the membership of the committee must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Committee members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13, Title 8 of the Code. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(F) Committee members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the committee.
(G) The committee has no authority over the portion of the spectrum allocated to public safety services or the broadband assets of the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina.
(H) The committee has the following powers and duties:
(1) evaluate how to best foster a partnership between the private sector and public sector to accomplish the goals of this section;
(2) engage consultants and counsel with expertise in issues relating to the operation of large broadband networks to advise and assist the committee in the evaluation of information and data;
(3) evaluate the state's broadband communications infrastructure to determine whether and where broadband services are available, by whom they are provided, and by what manner of technology;
(4) assess the need for broadband services in unserved and underserved areas within the State;
(5) develop an inventory of locations within the State at which broadband services are not available or are underutilized;
(6) identify the types and locations of infrastructure and different technologies and services required to satisfy the need for broadband services;
(7) make recommendations to the General Assembly regarding the best method of leasing the excess capacity of EBS licensees and other assets in this State. In making its recommendations, the committee must consider whether broadband service expansion should be accomplished in a manner that allows South Carolina based broadband providers a reasonable opportunity to contribute toward the realization of the goals of this section. Excess capacity must not be leased prior to the issuance of the recommendations of the study committee. Upon issuance of favorable recommendations of the study committee, the EBS licensees are authorized to lease excess capacity and other assets in cooperation with the Division of the CIO. The awarding of contracts for the lease of excess capacity must be done by competitive solicitation in accordance with the South Carolina Consolidated Procurement Code. In entering into contracts to allow third parties to lease the EBS licensee's excess capacity, the EBS licensee and the Division of the CIO must not impose any pricing requirements on those third parties. The committee must make recommendations to the General Assembly as to how best to utilize the funds received from the lease of excess capacity. The committee must consider, at a minimum, whether the funds should be used to offset the costs of broadband service for qualified low-income subscribers, whether the licensee or other state entity should receive all or a portion of the funds, or any other use of the funds to the benefit of the State; and
(8) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State to advance the goal of providing all South Carolinians with affordable access to broadband products and services; provided that any policies recommended by the committee should promote technological competition, investment, and innovation to ensure that broadband service providers have sufficient incentive to develop and offer these products and services.
(I) In performing its powers and duties, the committee must act in the public interest. For purposes of this section, "public interest" includes, but is not limited to, a balancing of the following:
(1) concerns of the using and consuming public with respect to broadband services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina;
(3) recognition of the investments made in existing broadband networks; and
(4) encouragement of continued private investment in and maintenance of broadband facilities so as to provide reliable and high quality broadband services.
(J) The committee must use clerical and professional employees of the Senate and the House of Representatives for its staff, as approved and designated by the President Pro Tempore of the Senate and the Speaker of the House, respectively. Upon request by the committee, the Division of the CIO and ETV must make available to the committee technical and professional staff. The costs and expenses of the legislative members of the committee must be paid from the approved accounts of the Senate and the House of Representatives, respectively, in the exercise of the duties of and work on behalf of the committee. Other committee members' allowable expenses must be paid for by the Division of the CIO.
(K) The committee must submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2007.
(L) Notwithstanding Section 11-45-105(2), as last amended by Senate Bill 91 enrolled for ratification on June 5, 2007, the study committee may issue a report to allow the lease of telecommunications and information technology infrastructure of the State.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. SANDIFER spoke against the amendment.
Rep. LOFTIS continued speaking.
Rep. CATO moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Funderburk Gambrell Govan Gullick Hamilton Harrison Hart Harvin Haskins Hayes Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Mack Moss Mulvaney J. H. Neal J. M. Neal Ott Parks Perry Pinson Rutherford Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith F. N. Smith G. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Vick Viers Walker
Weeks Whipper White Whitmire Williams Young
Those who voted in the negative are:
Anderson Bedingfield Bowers Chalk Crawford Davenport Duncan Edge Frye Haley Hardwick Harrell Herbkersman Hinson Loftis Lowe Lucas McLeod Merrill Miller Neilson Owens E. H. Pitts M. A. Pitts Rice Shoopman G. M. Smith W. D. Smith Stewart Umphlett Witherspoon
So, the amendment was tabled.
Rep. LOFTIS spoke against the Senate Amendments.
The question then recurred to concur or nonconcur in the Senate Amendments.
Rep. VICK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bannister Bowen Brady Branham Breeland G. Brown R. Brown Cato Ceips Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Funderburk Gambrell Govan Gullick Haley Harrison Hart
Harvin Hayes Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Knight Limehouse Mack McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson E. H. Pitts Rutherford Sandifer Scarborough Scott Sellers Simrill Skelton F. N. Smith G. M. Smith Spires Stavrinakis Taylor Thompson Vick Walker Weeks Whipper White Whitmire Williams
Those who voted in the negative are:
Bales Bedingfield Bowers Brantley Chalk Chellis Crawford Davenport Duncan Edge Frye Hamilton Hardwick Harrell Haskins Herbkersman Hinson Hiott Kelly Leach Loftis Lowe Lucas Merrill Owens M. A. Pitts Rice Shoopman D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Toole Umphlett Viers Witherspoon Young
So, 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.
Pursuant to House Rule 1.6, the SPEAKER PRO TEMPORE addresses the body concerning a matter of importance to the House.
Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE
Rep. G. M. SMITH proposed the following Amendment No. 3A (Doc Name COUNCIL\MS\7399AHB07), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-3-540(A), (B), and (M) of the 1976 Code, as last amended by Act 346 of 2006, are further amended to read:
"(A) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for committing criminal sexual conduct with a minor in the first degree, pursuant to Section 16-3-655(A)(1), or committing or attempting a lewd act upon a child under sixteen, pursuant to Section 16-15-140, the court must shall order that the person, upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall must be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(1) Before the release from incarceration, confinement, commitment, or institutionalization, the detention facility shall notify the South Carolina Department of Probation, Parole and Pardon Services two calendar days before the release date, and the person must
(2) Before being placed under the supervision of the Department of Probation, Parole and Pardon Services, the clerk of court in the county of conviction shall notify the South Carolina Department of Probation, Parole and Pardon Services within two calendar days of the imposition of the sentence, and the detention facility in the county of conviction shall detain that person for two calendar days after the department has received notice or until the department has come to the detention center to place the defendant on an active electronic monitoring device.
(3) Two calendar days before the release date from incarceration, confinement, commitment, or institutionalization, the detention facility having custody of the person shall notify the sheriff of the county to which the person is being released so that the person may be added to the Sex Offender Registry.
(4) Upon imposition of the sentence and before being placed under the supervision of the Department of Probation, Parole and Pardon Services, the clerk of court in the county of conviction shall notify the sheriff of the county to which the person is being released so that the person may be added to the Sex Offender Registry.
(B) Upon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person for any other offense listed in subsection (G), the court may order that the person upon release from incarceration, confinement, commitment, institutionalization, or when placed under the supervision of the Department of Probation, Parole and Pardon Services shall must be monitored by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device.
(1) Before the release from incarceration, confinement, commitment, or institutionalization, the detention facility shall notify the South Carolina Department of Probation, Parole and Pardon Services two calendar days before the release date, and the person must not be released until the department has come to the detention facility to place the person on an active electronic monitoring device.
(2) Before being placed under the supervision of the Department of Probation, Parole and Pardon Services, the clerk of court in the county of conviction shall notify the South Carolina Department of Probation, Parole and Pardon Services within two calendar days of the imposition of the sentence, and the detention facility in the county of conviction shall detain that person for two
(3) Two calendar days before the release date from incarceration, confinement, commitment, or institutionalization, the detention facility having custody of the person shall notify the sheriff of the county to which the person is being released so that the person may be added to the Sex Offender Registry.
(4) Upon imposition of the sentence and before being placed under the supervision of the Department of Probation, Parole and Pardon Services, the clerk of court in the county of conviction shall notify the sheriff of the county to which the person is being released so that the person may be added to the Sex Offender Registry.
(M)(1) A person who completes his term of incarceration and the maximum term of probation, parole, or community supervision and who wilfully violates a term or condition of electronic monitoring, as ordered by the court or determined by the Department of Probation, Parole and Pardon Services is guilty of a felony and, upon conviction, must be sentenced in accordance with the provisions of Section 23-3-545.
(2) Notwithstanding the provisions of Section 24-21-290, information gathered by a probation agent pursuant to the provisions of Section 24-21-540 23-3-540 is admissible in a criminal prosecution." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
The amendment was then rejected.
Rep. G. M. SMITH proposed the following Amendment No. 4A (Doc Name COUNCIL\MS\7398AHB07):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-3-430(F) and (G) of the 1976 Code are amended to read:
"(F) If an offender receives a pardon for the offense for which he was required to register, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Amendment would not have been germane to the original Bill, but the Amendment was germane to the Bill which was altered by the adoption of the Senate Amendments. He therefore overruled the Point of Order.
Rep. RUTHERFORD made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. W. D. SMITH moved to waive Rule 5.15, which was not agreed to by a division vote of 54 to 30.
I was temporarily out of the Chamber on constituent business during the vote on waiving Rule 5.15, on H. 3623. Had I been present, I would have voted in favor of waiving the printing.
Rep. Eric Bedingfield
Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 7, 2008
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. 85, S. 20 by a vote of 43 to 0:
(R85) S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE HEALTH INSURANCE COVERAGE, INCLUDING COVERAGE UNDER THE STATE HEALTH PLAN, FOR AUTISM SPECTRUM DISORDER AND TO DEFINE "AUTISM SPECTRUM DISORDER" AS AUTISTIC DISORDER, ASPERGER'S SYNDROME, AND NOT OTHERWISE SPECIFIED PERVASIVE DEVELOPMENTAL DISORDER.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 6, 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 signature S. 20 (Word version), R. 85.
This Bill requires health insurers to provide mandated coverage for treatment of Autism spectrum disorder, which includes Autistic
My prayers go out to any family afflicted with any of these disorders, and it is for this reason that we have consistently pushed for scholarship programs for the parents of children with special needs. Early intervention can make a vital difference for children with autism. It was our view that carving off a small part of the $5 billion presently spent on education to allow parents the choice on where and how they choose to have their child educated was key to bettering this situation for affected families. In some cases, families have gotten over $100,000 a year in these programs to get the kind of individualized attention their child required. Ironically some of the biggest supporters of this Bill were some of the staunchest critics of the educational choice programs that have proven to help families affected by autism in other states.
In addition to believing that there are better ways of dealing with this very real need, the other question of this Bill lies in whether helping to remedy these families' challenges creates equal or greater challenges for other families. This Bill does not deal with an additional revenue stream as our educational proposals would have, but creates a new one. It was for this reason that when a similar Bill crossed my desk two years ago mandating health insurance plans to provide coverage for the treatment of mental illness, I said going forward I would be "overwhelming predisposed to veto any other mandated coverage." Unfortunately, this Bill goes down this path of imposing another government mandate for particular types of health services.
There are only three variables in the financing of health care: cost, access and quality. As we push on one, we affect the other two. This Bill would undeniably raise the quality of insurance packages for families with autistic children - but doing so would correspondingly increase the cost, and consequently lower the access to health insurance, for many other families across our State.
Unfortunately, one of the greatest obstacles to health care in South Carolina is that we have, in some cases, priced insurance coverage out of reach for our citizens. Mandates increase the cost of health insurance premiums to the individual and overall costs to employers. In the case of this legislation, it is also estimated to increase costs to the State Health Plan by $10.5 million in the next year.
The Department of Insurance reports more than 30 different benefits are mandated in South Carolina affecting health care insurance coverage, and in total these mandates cost South Carolina families
Additionally, in some cases, these mandates create health care cost inflation because of demand for services that would be unlikely without the mandate itself. Take for instance the state Medicaid programs' mandated requirement to provide chiropractic coverage to all of its beneficiaries, including children. The fastest growing area of chiropractic care there is now for children under the age of 6 which is somewhat bizarre given the physical nature of the spine at that age.
Finally, politically mandated health care services added to the system affects the marketplace. Larger insurance companies can absorb these costs because of their volumes. Smaller companies find these charges more difficult to absorb which moves us to a place where a handful of bigger providers are able to grab ever larger portions of the health care marketplace. Less competition ultimately leads to higher health insurance pricing for all families in this State, those impacted by autistic needs and those not impacted.
Currently there are three state agencies providing needed treatment for autistic children at the cost of almost $43 million annually. Last year the South Carolina Department of Disabilities and Special Needs reported spending almost $8 million to assist 1,591 children (15 years and younger) who are eligible to receive their services. The South Carolina Department of Health and Human Services reports that its total costs associated with assisting children with autism was $17.9 million. Also, the Department of Education spent more than $17 million on instructional face-to-face classroom activities for more than 2,200 students.
In the past, my administration has consistently supported and encouraged the use of Health Saving Accounts (HSAs). In 2004, I made HSAs part of the State Health Plan. Currently, more than 5,000 state employees take advantage of this cost saving option. These types of saving accounts recognize two realities. Market forces are key to creating better products and services, and those market forces are also key to lowering and controlling the cost of those same goods and services. It is my belief that South Carolinians should be able to freely shop for the kind of insurance coverage and medical care which best serves their families - not be driven into health or policy coverage simply based on political forces because, in the long run, those very political forces will work to undermine the cost of insurance and health care for all South Carolina families.
For the reasons stated above, I am vetoing S. 20, R. 85 and returning it without my approval.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R85) S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE HEALTH INSURANCE COVERAGE, INCLUDING COVERAGE UNDER THE STATE HEALTH PLAN, FOR AUTISM SPECTRUM DISORDER AND TO DEFINE "AUTISM SPECTRUM DISORDER" AS AUTISTIC DISORDER, ASPERGER'S SYNDROME, AND NOT OTHERWISE SPECIFIED PERVASIVE DEVELOPMENTAL DISORDER.
Rep. PERRY spoke against the Veto.
Rep. SKELTON spoke against the Veto.
Rep. MERRILL spoke against 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 Anderson Anthony Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter 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 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 F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Williams Witherspoon 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.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH to override the Veto on R. 85, S. 20.
Rep. COTTY moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received:
Columbia, S.C., June 7, 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. 3476:
H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
and has ordered the Bill enrolled for ratification.
The following was received from the Senate:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3124:
H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WALKER, WHITMIRE and BRANHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rankin, Ford and Scott of the Committee of Conference on the part of the Senate on H. 3249:
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3481:
H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
On motion of Rep. CATO, the House receded from its amendments, and a message was ordered sent to the Senate accordingly.
CONFERENCE REPORT
S. 310
The General Assembly, Columbia, S.C., June 6, 2007
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) durable medical equipment and related supplies:
(a) as defined under federal and state Medicaid and Medicare laws;
(b) which is paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax; and
(c) sold by a provider who holds a South Carolina retail sales license and whose principal place of business is located in this State."
SECTION 2. Section 12-36-2120(28) of the 1976 Code is amended by adding a new subitem appropriately lettered to read:
"( ) Prescription drugs dispensed to Medicare Part A patients residing in a nursing home are not considered sales to the nursing home and are not subject to the sales tax."
SECTION 3. This act takes effect July 1, 2007. /
Amend title to conform.
Sen. Harvey S. Peeler, Jr. Rep. W. Brian White Sen. Nikki G. Setzler Rep. Herb Kirsh Sen. William H. O'Dell Rep. Kenneth A. Bingham On Part of the Senate. On Part of the House.
Rep. KIRSH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CLEMMONS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Bingham Bowen Bowers Brady Branham Brantley R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cotty Dantzler Delleney Funderburk Govan Gullick Hagood Harrell Harrison Harvin Haskins Herbkersman Hinson Hiott Hodges Hosey Jefferson Jennings Kelly Kirsh Knight Leach McLeod Merrill Miller Mitchell Moss J. H. Neal J. M. Neal Ott Owens Perry Rice Sandifer
Scott Sellers Shoopman Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Umphlett Vick Walker Whipper White Williams Witherspoon Young
Those who voted in the negative are:
Bedingfield Crawford Duncan Frye Haley Loftis Lowe Mulvaney M. A. Pitts Toole
So, Free Conference Powers were rejected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
Rep. WHITE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3405SSP07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 9-1-580 of the 1976 Code is amended to read:
"Section 9-1-580. (A) Any persons employed by a hospital, which is an employer under the system by application, in the capacity of a physician, nursing service personnel, technicians, housekeeping personnel, dietary personnel, and laundry personnel, may elect to become or not to become members of the South Carolina Retirement System, if such this option is exercised within thirty days after they enter upon the discharge of their duties. The option provided for in this section is irrevocable.
(B) If for any reason, a determination is made that a person who exercised the option provided for in subsection (A) is entitled to any benefit provided pursuant to this title, the cost to establish service credit must be calculated pursuant to Section 9-1-1140(A). This calculation must be based on the person's current salary or career highest fiscal year salary for any period of time the person was employed in a position that otherwise would have been covered by membership in the system, regardless of whether the person requests to purchase all of the eligible service credit. The calculated cost must be paid solely by the person's employer, the person, or any combination of these.
(C) For purposes of this section, 'physician' means a person who is licensed to practice medicine or osteopathy in this State in accordance with Chapter 47, Title 40."
SECTION 2. Chapter 8, Title 9 of the 1976 Code is amended by adding:
"Section 9-8-67. The normal retirement age for the system established pursuant to this chapter is sixty years."
SECTION 3. A. Section 9-8-60 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding a new subsection (7) to read:
"(7)(A) A member who has attained the age of sixty years and is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and receive a retirement benefit while continuing to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this
(B) A member who has not yet reached the age of sixty years, but who is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and continue to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. While a member continues to serve as judge, solicitor, or circuit public defender pursuant to this subsection, the member's normal monthly retirement benefit will be deferred and placed in the system's trust fund on behalf of the member. Upon reaching the age of sixty years, the balance of the member's deferred retirement benefit will be distributed to the member. No interest will be paid on the member's deferred monthly retirement benefit placed in the system's trust fund. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.
(C) For a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to subsection (7)(B) the additional benefit provided for in subsection (6) will be deferred and placed in the system's trust fund until the member reaches the age of sixty years. Upon reaching the age of sixty years, the additional benefit will be distributed, plus interest, to the member. (D) For all purposes other than employment, a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to either subsection (7)(A) or (7)(B) is a retired member of the system."
B. Notwithstanding the date of enactment of this or any other act enacted by the General Assembly in the 2007 legislative session amending Section 9-8-60 of the 1976 Code by adding a new subsection (7) therein, Section 9-8-60(7) of the 1976 Code as added by this act is deemed the final and only expression of the General Assembly for the 2007 legislative session in adding a new subsection (7) in Section 9-8-60.
SECTION 4. Section 9-8-110(2) of the 1976 Code, as last amended by Act 139 of 1995, is further amended to read:
"(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to in service before retirement an allowance equal to one-third of the allowance which would have been payable to him, assuming if he was then eligible to retire on his date of death notwithstanding the vesting requirement of Section 9-8-50(E)(1) and as if he had retired on the date of his death, shall must be paid to his surviving spouse until her death. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one-third of the allowance which would have been payable to him, shall must be paid to the surviving spouse until death. For purposes of this subsection, 'retired member' shall include includes those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60.
SECTION 5. Section 9-1-2210(I) of the 1976 Code, as amended by Act 153 of 2005, is further amended to read:
"(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system. However, a member who has received a disability benefit, but who has been restored to active service and voided his optional benefit selection pursuant to Section 9-1-1590 and repaid any benefit received is eligible to participate in the program."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11792AC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 9-11-25 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:
"Section 9-11-25. (A) Probate judges may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular state retirement the South Carolina Retirement System.
(B)(1) Active contributing members of the South Carolina Retirement System employed before July 1, 2008, as assistant solicitors and assistant public defenders may irrevocably elect to participate in the South Carolina Police Officers Retirement System.
(2) Persons hired as assistant solicitors and assistant public defenders after June 30, 2008, shall participate in the South Carolina Police Officers Retirement System.
(3) If the South Carolina Police Officers Retirement System employer contributions exceed South Carolina Retirement System employer contributions for assistant solicitors and assistant public defenders, the difference must be paid from state funds appropriated for the operations of the office of the solicitor or public defender in which the member serves."/
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Veto on the following Act was taken up:
(R97) H. 3510 (Word version) -- Reps. Vick, M. A. Pitts, Lowe and Bedingfield: AN ACT TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT FOR THE PRIVILEGE OF HUNTING MIGRATORY WATERFOWL, A PERSON MUST PURCHASE A MIGRATORY WATERFOWL PERMIT, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES ALSO SHALL PRODUCE AN ANNUAL COMMEMORATIVE MIGRATORY WATERFOWL STAMP, AND TO PROVIDE FOR THE COST AND MANNER OF SALE OF THESE PERMITS AND STAMPS; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR YEARS OF AGE AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE
Rep. WITHERSPOON explained the Veto.
Rep. LOWE spoke against the Veto.
Rep. VICK spoke against 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 Allen Bingham Branham Crawford Duncan Funderburk Gullick Haley Harvin Huggins Lowe McLeod Miller Mulvaney J. M. Neal E. H. Pitts M. A. Pitts Spires Toole Vick Walker Whipper
Those who voted in the negative are:
Anthony Bales Ballentine Bannister Barfield Bedingfield Bowen Bowers Brady Brantley Breeland R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Cotty Dantzler Davenport
Delleney Frye Gambrell Govan Hagood Hamilton Hardwick Harrell Harrison Haskins Hayes Hinson Hiott Hodges Hosey Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Loftis Lucas Mack Merrill Mitchell Moss J. H. Neal Ott Owens Pinson Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stavrinakis Talley Taylor Thompson Umphlett Weeks White Whitmire Williams Witherspoon
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
S. 787 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER
Rep. W. D. SMITH explained the Senate Amendments.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly, which was agreed to by a division vote of 94 to 0.
The Veto on the following Act was taken up:
(R95) H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR THOSE PERSONS WHO MAY DRIVE A SCHOOL BUS AND FOR THE REQUIRED TRAINING AND CERTIFICATION OF SCHOOL BUS DRIVERS; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT ALL PUBLICLY OWNED OR LEASED SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY, TO PROVIDE THAT CERTAIN PRIVATELY OWNED SCHOOL BUSES MUST BE INSPECTED ANNUALLY, AND TO PROVIDE FOR THE MANNER OF INSPECTION; TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO FURTHER PROVIDE FOR WHEN THE STATE SHALL BEAR THE COST OF TRANSPORTING
Rep. WALKER explained the Veto.
Rep. J. R. SMITH spoke against 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:
Alexander Allen Anderson Anthony Bales Bannister Barfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Funderburk Gambrell Govan Hagood Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Lucas Mack McLeod Merrill Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson Rutherford Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Thompson Toole Vick Walker Weeks Whipper White Whitmire Williams Witherspoon
Those who voted in the negative are:
Ballentine Bedingfield Crawford Davenport Duncan Frye Haley Hamilton Lowe Mulvaney E. H. Pitts M. A. Pitts
Rice Shoopman Stewart Talley
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 7, 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. 86, S. 139 by a vote of 38 to 0:
(R86) S. 139 (Word version) -- Senators Knotts and Elliott: AN ACT TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE A BOAT OR WATERCRAFT, OR A TRAILER USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE AND TO REQUIRE THE FAIR MARKET VALUE OF A MOTOR HOME, A BOAT OR WATERCRAFT, OR TRAILER THAT MEETS THE REQUIREMENTS OF THIS ACT TO BE DETERMINED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 6, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
I am hereby vetoing and returning without my approval S. 139 (Word version), R. 86.
This legislation would impose a statewide mandate that camping trailers and live-in boats be considered real property for the purposes of calculating property taxes. In other words, these items would be allowed to qualify for a "primary residence" assessment ratio of four percent or a "secondary residence" ratio of six percent.
I applaud the notion of lowering the tax on anything as this has consistently been one of the driving principles of this administration. We have worked to lower income, property and grocery taxes, to name but a few.
In the realm of property, whether real or personal, I very much agree with the idea of limiting taxes so that one can actually own that asset rather than renting it from the government. This Bill falls short, though, in the way it attempts to reach this worthwhile objective.
One, this Bill takes the extraordinary step of redefining the term "real property." If we want to change something, let's just do it, but let's not use tortured logic that attempts to turn upside down common law definitions and practice that have served this country well for about 300 years.
South Carolina Code Section 12-37-10(1) states in pertinent part: "real property" shall mean not only land, city, town and village lots but also all structures and other things therein contained or annexed or attached thereto which pass to the vendee by the conveyance of the land or lot. In even simpler terms, real property means land and any permanent fixture on that land. To this end, there has historically been a clear nexus between real property and what are generally considered appreciating assets. Items such as boats and campers are not affixed to the ground and generally lose value with the passage of time, in contrast to many "real assets."
Two, we also believe property taxes have historically been the purview of local governments. In the property tax Bill of last year, there was obvious exception to this given the state's constitutional requirement to handle education. Absent that consideration, we believe in the larger principle of federalism that is predicated on sending power and authority to the individual and most local government possible rather than harboring it in Columbia, and the principle of competition - that these kinds of changes can be made as counties hear from their residents and compete with one another in offering the most favorable property tax climates.
For these reasons, I am vetoing S. 139, R. 86, and returning it without my approval.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R86) S. 139 (Word version) -- Senators Knotts and Elliott: AN ACT TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE A BOAT OR WATERCRAFT, OR A TRAILER USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE AND TO REQUIRE THE FAIR MARKET VALUE OF A MOTOR HOME, A BOAT OR WATERCRAFT, OR TRAILER THAT MEETS THE REQUIREMENTS OF THIS ACT TO BE DETERMINED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
Rep. COTTY 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 Ballentine Bannister Barfield Bedingfield Bowen Bowers Brady Branham Breeland R. Brown Cato Chalk Chellis Clemmons Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell
Govan Gullick Hagood Haley Hamilton Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Loftis Lowe Lucas McLeod Merrill Miller Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon
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 Senate Amendments to the following Bill were taken up for consideration:
H. 3358 (Word version) -- Reps. Kirsh and Cotty: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
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. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.
Rep. W. D. SMITH moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR
Rep. G. M. SMITH explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 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.
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
The following Concurrent Resolution was taken up:
S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES FOLLY REACH IN CHARLESTON HARBOR "ADMIRAL BENNIS SHUTES FOLLY REACH".
Whereas, Rear Admiral Richard E. Bennis was born in Syracuse, New York, on December 21, 1949; and
Whereas, in 1972, he obtained his Bachelor of Science degree in Natural Resource Development from the University of Rhode Island and received his master's degree in Energy and Environmental Policy in 1983 at Harvard University; and
Whereas, Rear Admiral Bennis received his commission as Ensign from the Coast Guard Officer Candidate School in Yorktown, Virginia, in June of 1972; and
Whereas, during his long, rewarding career in the Coast Guard, he served as Captain of the Port of three of the largest container ports in the country. He served as Commander of the Coast Guard Marine Safety Office and Captain of the Port of Charleston from 1991 until 1995; and
Whereas, Rear Admiral Bennis was the recipient of many awards and accolades during his storied career with the Coast Guard including: four Coast Guard Meritorious Service Medals with the Operational
Whereas, he oversaw safety issues when the Kapitan Martinovic was stranded in Charleston Harbor in December 1992, and during his tenure as Captain of the Port for New York and New Jersey, he organized the mass evacuation of more than five hundred thousand people from lower Manhattan following the terrorist attacks of September 11, 2001; and
Whereas, following his retirement in 2002, this dedicated patriot further served his nation as the Associate Undersecretary for Maritime and Land Security for the United States Transportation Security Administration, a division of the Homeland Security Department; and
Whereas, this country certainly lost a great patriot and public servant on August 3, 2003, when Rear Admiral Bennis lost his battle with brain cancer. He is survived by his wife, the former Gloria Smith of Rhode Island, and together they boasted three grown children and one grandchild; and
Whereas, the life of Rear Admiral Richard E. Bennis, a lifelong servant of his fellow countrymen, serves as a shining example of what it means to be a true American, and it is fitting for the South Carolina General Assembly to support the renaming of the Shutes-Folly Reach in Charleston Harbor to "Admiral Bennis Shutes-Folly Reach". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the National Oceanic and Atmospheric Administration (NOAA) rename Shutes-Folly Reach in Charleston Harbor "Admiral Bennis Shutes-Folly Reach".
The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\ 7394AHB07), which was adopted:
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
S. 446 -- CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 5, 2007
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to [SEC 5/23/07 3:54 PM].)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ Whereas, the General Assembly finds that it is necessary to establish a statewide unified indigent defense system to provide effective assistance of counsel to indigent criminal defendants; and
Whereas, the General Assembly believes it is necessary to establish parity in benefits and salaries between prosecution and defense systems; and
Whereas, the General Assembly desires to ensure that the system is free from undue political interference and conflict of interest; and
Whereas, the General Assembly wishes to provide for the delivery of public defender services by qualified and competent counsel in a manner that is fair and consistent throughout the State; and
Whereas, the General Assembly's ultimate goal is to ensure that adequate public funding of a statewide public defender system is provided and managed in a fiscally responsible manner. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Indigent Defense Act".
SECTION 2. Article 1, Chapter 3, Title 17 of the 1976 Code is amended by adding:
"Section 17-3-5. As used in this chapter, the term:
(1) 'Commission' means the Commission on Indigent Defense.
(2) 'Division of Appellate Defense' includes all attorneys and employees in the division.
(3) 'Assistant public defender' means an attorney who is employed by a circuit public defender office.
(4) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within a given judicial circuit of this State.
(5) 'Circuit public defender office' means the office of one of the several circuit public defenders.
(6) 'Public defender' means an attorney who is employed in a circuit public defender office or who represents an indigent person pursuant to a contractual arrangement with a circuit public defender office.
(7) 'Administering county' means the county within each circuit with which the circuit public defender has an agreement for the administering of indigent defense funds distributed from the State and the counties within the circuit for the provision of indigent defender services within each circuit.
(8) 'Chief county public defender' means a public defender appointed by the circuit public defender to assist in managing, supervising, and providing indigent defense representation in one or more assigned counties within the circuit."
SECTION 3. Chapter 3, Title 17 of the 1976 Code is amended by adding:
Section 17-3-510. (A) There is created in each judicial circuit in the State a Circuit Public Defender Selection Panel, the membership of which is composed of, and must be elected by, the active, licensed attorneys who reside within the counties of each judicial circuit. Each county in each judicial circuit must be represented by at least one member and the remaining members must be determined by equal weighting of county population based on the most recent decennial census and the most recent annual county appropriations to public defender operations according to the following formula:
(1) percentage of distribution of population plus the percentage of distribution of appropriations for public defender operations divided by two and rounded to the nearest whole number;
(2) the weighted values of each county multiplied by the number of remaining members in each Circuit Public Defender Selection Panel determines the number of additional members each county must have on the panel.
Judicial circuits with three or less counties must have five members. Judicial circuits with four counties must have seven members. Judicial circuits with five counties must have nine members.
(B) A solicitor, assistant solicitor, an employee of a solicitor's office, or an employee of the South Carolina Prosecution Coordination Commission may not serve as a member of a Circuit Public Defender Selection Panel. Members of a Circuit Public Defender Selection Panel must reside in the judicial circuit in which they serve. Circuit Public Defender Selection Panel members shall serve for a term of five years. A vacancy for an appointed member must be in the same manner of the original appointment filled by the appointing authority.
(C) By majority vote of its membership, the Circuit Public Defender Selection Panel shall nominate a person to serve as the circuit public defender in the judicial circuit as provided in this article. The commission shall, by majority vote of its members, accept or reject the nomination, but may not substitute the name of another person. Initial appointments of circuit public defenders must be made in order for the first appointees to take office no later than one year from the effective date of this act, for a term of four years. A circuit public defender may be reappointed by the commission to serve successive terms following the same manner of the original appointment. The circuit public
(D) A circuit public defender may be removed for cause by a majority vote of the commission.
(E) If a vacancy occurs, by death, resignation, or otherwise, in the position of circuit public defender, the commission shall appoint an interim circuit public defender to serve until a replacement has been selected by the commission. The Circuit Public Defender Selection Panel shall nominate a replacement circuit public defender within three months of the occurrence of the vacancy. Selection of a replacement must be in the same manner as the original appointment.
Section 17-3-520. (A) In order for a person to be eligible to fill the position of circuit public defender, the person must:
(1) be at least twenty-five years of age;
(2) have been admitted and licensed to practice law in all courts of the State for at least five years;
(3) be a member in good standing of the South Carolina Bar, at all times; and
(4) be competent to counsel and defend a person charged with a capital felony and be certified at all times to defend capital cases in the State.
(B) A circuit public defender is responsible for:
(1) administering and coordinating the day-to-day operations of their respective offices, supervising the public defenders and other staff serving in the offices, and actively participating in the representation of clients throughout the judicial circuit;
(2) keeping and maintaining appropriate records, which includes:
(i) the number of persons represented pursuant to the provisions of this chapter, including cases assigned to other attorneys because of conflicts of interest;
(ii) the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article; and
(iii) other information and data as the commission may from time to time require;
(3) establishing a juvenile offender division within the circuit public defender office to specialize in the criminal defense of juveniles;
(4) preparing and submitting annually to the executive director of the commission a proposed budget for the provision of circuit-wide
(5) assisting the commission in establishing the state system and establishing the standards, policies, and procedures required pursuant to the applicable provisions of Section 17-3-330;
(6) developing and presenting for the commission's approval a circuit plan for the delivery of criminal indigent defense services;
(7) establishing processes and procedures consistent with commission standards to ensure that when a case that is assigned to the office presents a conflict of interest for a public defender, the conflict is identified and handled appropriately and ethically;
(8) negotiating and entering into contracts, as appropriate and when authorized by the commission, with independent counsel actively practicing within the circuit for the provision of indigent defense services in cases in which a conflict of interest exists in the circuit public defender office and in other criminal cases in the circuit in which indigent defense representation by independent counsel is necessary or advisable;
(9) establishing processes and procedures consistent with commission standards to ensure that office and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported;
(10) establishing administrative management procedures for circuit and county offices;
(11) establishing procedures in conformity with commission standards for managing caseloads and assigning cases in a manner that ensures that public defenders are assigned cases according to experience, training, and manageable caseloads and taking into account case complexity, the severity of the charges, and potential punishments, and the legal skills required to provide effective assistance of counsel;
(12) establishing policies and procedures consistent with commission standards and Supreme Court Rules for assigning counsel for indigent persons in capital cases;
(13) establishing and supervising consistent commission standards, a training and performance evaluation program for attorneys and non-attorney staff members and contractors;
(14) establishing procedures consistent with commission standards to handle complaints involving indigent defense performance and to ensure that public defenders, office personnel, contract and appointed
(15) performance of other duties assigned by the commission.
Section 17-3-530. (A) Each circuit public defender may employ, assign, and supervise one or more chief county public defenders in the counties within the circuit to assist in managing, supervising, and providing indigent defense representation in the circuit.
(B) Each chief county public defender must be responsible for:
(1) managing, supervising, and providing public defender services within the assigned county or counties;
(2) performing other duties as assigned by the circuit public defender, including duties that may be assigned throughout the circuit; and
(3) keeping a record of public defender and associated services and expenses in the assigned county or counties and submitting the records to the circuit public defender as requested.
Section 17-3-540. (A) Subject to the provisions of this section, the circuit public defender in each judicial circuit may maintain offices and employ chief county public defenders, assistant public defenders, investigators, and other staff as necessary to provide adequate and meaningful representation of indigent clients within the counties of the judicial circuit. Personnel employed pursuant to the provisions of this section serve at the pleasure of the circuit public defender and have responsibilities as the circuit public defender directs.
(B) These employees are employees of the administering county and entitled to the same fringe benefits as other personnel employed by the administering county. All personnel costs including fringe benefits must be paid by the administering county, but must be reimbursed to the administering county from operational funds provided to the circuit public defender office from county and state appropriated funds.
Section 17-3-550. No county may appropriate funds for public defender operations in a fiscal year below the amount it funded in the immediate previous fiscal year.
Section 17-3-560. Each circuit public defender shall expend the funds received from the counties in the circuit, the State, and other sources for the general operations of the circuit defenders office including reimbursement to the administering county for employee compensation and fringe benefits. Each circuit public defender shall enter into an agreement with the appropriate county within the judicial circuit to administer the funds provided pursuant to the provisions of
Section 17-3-570. (A) All public defenders and other personnel employed by a county public defender corporation on a full-time or a part-time basis are considered employees of the circuit public defender offices in the judicial circuit in which they serve. No employee currently employed pursuant to the provisions of this section may be terminated, except for cause for a period of one year from the effective date of employment by the circuit public defender office. No employee salaries and benefits, including accrued leave, may be less than that which the employee is earning as of the effective date of employment by the circuit public defender office.
(B) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the commission based on funds appropriated by the General Assembly or otherwise available provided; however, that each circuit public defender is authorized not less than two positions as provided in this section. In authorizing administrative, clerical, and paraprofessional personnel, the commission shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants.
(C) All personnel employed by the circuit public defenders pursuant to this article shall be employees of the administering county and shall be compensated based on the unclassified service schedule of the South Carolina Merit System of Personnel Administration.
(D) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
(E) The circuit public defender shall fix the compensation of each state-paid employee appointed pursuant to this article in accordance with the class to which the person is appointed and the appropriate step of the salary schedule. All salary advancements must be based on quality of work, training, and performance. A reduction in salary must be made in accordance with the salary schedule for the position and the policies, rules, or regulations adopted by the commission.
Section 17-3-580. (A) A public defender employed full time by the circuit public defender shall not engage in the private practice of law for profit.
(B) A public defender employed by the circuit public defender must be a member of the South Carolina Bar and must be admitted to practice before all courts of this State.
(C) A public defender shall serve at the pleasure of the circuit public defender and shall have the authority, powers, and duties as assigned by the circuit public defender.
Section 17-3-590. The governing body of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as are necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner.
Section 17-3-600. All contracts in force on the date this legislation is effective between private attorneys and county indigent defense corporations for the provision of indigent defense services within a county or counties shall remain in force and be recognized by the commission and circuit public defenders office until their respective expiration dates or one year from the effective date of this act, whichever is earlier."
SECTION 4. Section 17-3-30(A) and (B) of the 1976 Code is amended to read:
"(A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall must set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the Office of Indigent Defense of the State of South Carolina general fund of the State.
(B) A twenty-five forty dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or
SECTION 5. Section 17-3-50(A) of the 1976 Code is amended to read:
"(A) When private counsel is appointed pursuant to this chapter and in accordance with a plan of appointment promulgated by the bar of each county, he shall must be paid a reasonable fee to be determined on the basis of forty dollars an hour for time spent out of court and sixty dollars an hour for time spent in court. The same hourly rates shall apply in post-conviction proceedings. Compensation shall may not exceed three thousand five hundred dollars in a case in which one or more felonies is charged and one thousand dollars in a case in which only misdemeanors are charged. Compensation shall must be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel. The same basis shall must be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40 hereof."
SECTION 6. Section 17-3-90 of the 1976 Code is amended to read:
"Section 17-3-90. Private, appointed counsel shall submit a voucher to the clerk of court of the county of appointment Office of Indigent Defense setting forth all details of the appointment for purposes of remuneration under pursuant to Section 17-3-50 and reimbursement of expenses under pursuant to Section 17-3-80, and the public defender shall do likewise under pursuant to Section 17-3-80. It shall be is the duty of the clerk of court Office of Indigent Defense to present the voucher to the trial judge for approval and to transmit the same to the
SECTION 7. Article 3, Chapter 3, Title 17 of the 1976 Code is amended to read:
Section 17-3-300. As used in this article:
(1) 'Commission' means the Commission on Indigent Defense;
(2) 'Division of Appellate Defense' includes all attorneys and employees in the division.
Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of fifteen members.
(B) Eleven members shall be appointed by the Governor as follows:
(1) One member from each congressional district appointed upon recommendation of the South Carolina Public Defender Association and one member from the State at-large appointed upon the recommendation of the South Carolina Public Defender Association who shall serve as chairman.
Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. A person may not be appointed to the commission pursuant to the provisions of this item or, once appointed pursuant to the provisions of this item, may not continue to serve on the commission unless the person is a public defender.
(2) A member of the South Carolina Bar appointed upon recommendation by the President of the South Carolina Bar for the term for which he is elected.
(3) A member of the South Carolina Trial Lawyers Association appointed upon recommendation by the President of the South Carolina Trial Lawyers Association for the term for which he is elected.
(4) A member of the South Carolina Criminal Defense Lawyers Association appointed upon the recommendation of the President of the South Carolina Criminal Defense Lawyers Association for the term for which he is elected.
(5) A member of the South Carolina Public Defender Association appointed upon recommendation of the President of the South Carolina Public Defender Association for the term for which he is elected.
(C) The remaining four members must be appointed as follows:
(1) two members appointed by the Chief Justice of the South Carolina Supreme Court, one of whom must be a retired circuit court judge and one of whom must be either a retired family court judge or a retired appellate court judge, each of whom shall serve for a term of four years and until a successor is appointed and qualifies; and
(2) the Chairmen of the Senate and House Judiciary Committees, or their legislative designees, for the terms for which they are elected.
(D) Members currently serving as of July 1, 2005, shall continue to serve until the expiration of their term and may be reappointed as provided in subsection (B)(1).
(E) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense including all the divisions of the office.
(F) The commission:
(1) may establish divisions within the office to administer the services and programs as it considers necessary to fulfill the purposes of this article;
(2) shall develop rules, policies, procedures, regulations, and standards as it considers necessary to carry out the provisions of the article and comply with state law or regulations and the rules of the Supreme Court, including the nature and scope of services to be provided, the clientele to be served, and the establishment of criteria to be used in the determination of indigency and qualifications for services for indigent legal representation; and
(3) shall cooperate and consult with state agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crimes, the administration of criminal justice, and the improvement and expansion of defender services.
Section 17-3-320. (A) There is created the Office of Indigent Defense under the jurisdiction of the commission. The office must be administered by an executive director appointed by the commission. The executive director may hire other administrative, clerical, and legal staff and is authorized to contract with outside consultants on behalf of the office as he considers necessary to provide the services as required pursuant to the provisions of this article.
(B) The executive director shall:
(1) administer and coordinate the operations of the office and all divisions within the office and supervise compliance with rules, procedures, regulations, and standards adopted by the commission;
(2) maintain proper records of all financial transactions related to the operation of the office;
(3) coordinate the services of the office with any federal, county, private, or other programs established to provide assistance to indigent persons entitled to representation pursuant to the provisions of this chapter and consult with professional organizations concerning the implementation and improvement of programs for providing indigent services; and
(4) perform other duties as the commission assigns.
Section 17-3-330. (A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in noncapital cases, and other funds appropriated for these purposes;
(2) perform those functions provided pursuant to Section 17-3-340;
(3) perform those functions provided pursuant to Section 16-3-26(G);
(4) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(5) implement other duties the commission may direct; and
(6) report annually to the General Assembly on the indigent defense system.
(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in noncapital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided, however, this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed $2,750,000.
(C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense.
Section 17-3-340. (A) There is created within the Office of Indigent Defense, the Division of Appellate Defense. All of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the commission and Office of Appellate Defense formerly provided in Chapter 4, Title 17 are transferred to and incorporated in and must be administered as part of the Office of Indigent Defense.
(B) The division must be administered by a chief attorney. The staff of the division shall consist of additional attorneys and administrative, investigative, secretarial, and clerical employees necessary to discharge the duties of the division. No person may be hired to serve as an attorney who is not licensed to practice law in this State. Attorneys employed by the division shall devote full time to their duties and may not engage in the private practice of law.
(C) The division shall carry out the following duties and responsibilities:
(1) It shall represent any person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(F)(2) who files Notice of Intention to Appeal or desires to appeal a conviction in any trial court, or decision of any proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. Any person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the division. Any court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision.
(2) Upon a finding that a person requesting representation qualifies as an indigent and after being appointed as counsel for such person by the court in which the appeal will be effected, the division shall represent such person in his appeal of a conviction in any trial court, or decision of any proceeding in civil commitment or other involuntary placement in a state, county, or municipal facility, provided nothing in this article requires the division to pursue any appeal unless the chief attorney of the division is first satisfied that there is arguable merit to the appeal.
(3) It shall represent indigents, other than at trial or commitment proceedings when appointed by the court.
(4) It shall represent indigents in appeals of convictions in trial courts of this State, or decisions of civil commitment proceedings or other involuntary placement only in courts of this State.
Section 17-3-350. The provisions of this article shall not restrict any court in which an appeal is to be effected, from appointing counsel for indigent persons when the division is disqualified from representation for reasons of conflict or when the division deems it advisable that it not provide representation for the indigent person.
Section 17-3-360. The commission will be funded by appropriations to the commission in the State General Appropriations Act including such federal funds as may be available.
Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of thirteen members.
(B) Nine members shall be appointed by the Governor as follows:
(1) One member from each of the four judicial regions of the State appointed upon recommendation of the South Carolina Public Defender Association. Members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. A person may not be appointed to the commission pursuant to the provisions of this item or, once appointed pursuant to the provisions of this item, may not continue to serve on the commission unless the person is a public defender.
(2) A member of the South Carolina Bar whose practice is principally in family law, appointed upon recommendation by the South Carolina Bar membership for a term of two years and who may be reappointed.
(3) Two members of the South Carolina Bar whose practice is principally in criminal defense law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for a term of two years and may be reappointed.
(4) Two members of the South Carolina Bar whose practice is principally neither criminal defense nor family law, appointed upon recommendation of the South Carolina Bar membership, who shall serve for two-year terms and who may be reappointed.
(C) The remaining four members must be appointed as follows:
(1) two members appointed by the Chief Justice of the South Carolina Supreme Court, one of whom must be a retired circuit court judge and one of whom must be either a retired family court judge or a retired appellate court judge, each of whom shall serve for a term of four years and until a successor is appointed and qualifies; and
(2) the Chairmen of the Senate and House Judiciary Committees, or their legislative designees, for the terms for which they are elected.
(D) The chairman must be elected by the commission from its membership and shall serve for a term of two years. A chairman may be reelected.
(E) Members currently serving as of July 1, 2005, shall continue to serve until the expiration of their term and may be reappointed as provided in subsection (B)(1).
(F) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense including all the divisions of the office.
(G) The commission:
(1) may establish divisions within the office to administer the services and programs as it considers necessary to fulfill the purposes of this article;
(2) shall develop rules, policies, procedures, regulations, and standards as it considers necessary to carry out the provisions of the article and comply with state law or regulations and the rules of the Supreme Court, including the nature and scope of services to be provided, the clientele to be served, and the establishment of criteria to be used in the determination of indigency and qualifications for services for indigent legal representation;
(3) shall cooperate and consult with state agencies, professional associations, and other groups concerning the causes of criminal conduct, the rehabilitation and correction of persons charged with and convicted of crimes, the administration of criminal justice, and the improvement and expansion of defender services;
(4) shall assist the public defenders throughout the State in their efforts to provide adequate legal defense to the indigent. This assistance includes, but is not limited to:
(a) the preparation and distribution of a basic defense manual and other educational materials;
(b) the preparation and distribution of model forms and documents employed in indigent defense;
(c) the promotion of and assistance in the training of indigent defense attorneys;
(d) the provision of legal research assistance to public defenders; and
(e) the provision of other assistance to public defenders as may be authorized by law;
(5) shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in the State; and
(6) shall have the authority to negotiate and enter into contracts, as appropriate, with independent counsel for the provision of indigent defense services in cases in which a conflict of interest exists in a public defender office and in other cases in which indigent representation by independent counsel is necessary or advisable. This authority may be delegated by the commission to a circuit public defender, but is at all times subject to standards established by the commission.
(7) The commission shall establish and administer the rules and procedures for selection of members to serve on the Circuit Public Defender Selection Panels, and shall establish the rules and procedures under which the selection panels shall operate.
Section 17-3-320. (A) There is created the Office of Indigent Defense under the jurisdiction of the commission. The office must be administered by an executive director appointed by the commission. The executive director may hire other administrative, clerical, and legal staff and is authorized to contract with outside consultants on behalf of the office as he considers necessary to provide the services as required pursuant to the provisions of this article.
(B) The executive director shall:
(1) administer and coordinate the operations of the office and all divisions within the office and supervise compliance among the circuit defender offices with rules, procedures, regulations, and standards adopted by the commission;
(2) maintain proper records of all financial transactions related to the operation of the office;
(3) coordinate the services of the office with any federal, county, private, or other programs established to provide assistance to indigent persons entitled to representation pursuant to the provisions of this chapter and consult with professional organizations concerning the implementation and improvement of programs for providing indigent services;
(4) prepare and submit annually to the commission a proposed budget for the provision of statewide indigent defense services; and prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the state's indigent defense system and other information as the commission may require;
(5) coordinate in the development and implementation of rules, policies, procedures, regulations, and standards adopted by the commission to carry out the provisions of this chapter and comply with all applicable laws and standards;
(6) maintain proper records of all financial transactions related to the operation of the commission;
(7) apply for and accept on behalf of the commission funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests;
(8) provide for the training of attorneys and other staff involved in the legal representation of persons subject to the provisions of this chapter;
(9) attend all commission meetings, except those meetings or portions of the meetings that address the question of appointment or removal of the director;
(10) ensure that the expenditures of the commission are not greater than the amounts budgeted or available from other revenue sources; and
(11) perform other duties as the commission assigns.
Section 17-3-330. (A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to public defender offices pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided pursuant to Section 17-3-360;
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system.
(B) On or about June thirtieth of each year, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided, however, this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed three million dollars.
(C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense.
Section 17-3-340. (A) All members of the commission shall at all times act in the best interest of indigent defendants who are receiving legal representation pursuant to the provisions of this chapter.
(B) All members of the commission are entitled to vote on all matters before the commission unless otherwise provided by law or by rules adopted by the commission concerning conflicts of interest.
(C) Each member of the commission shall serve until a successor has been appointed. Removal of commission members is for cause and must be in accordance with policies and procedures adopted by the commission.
(D) Unless otherwise provided in this article, a quorum is a majority of the members of the commission who are currently serving in office, and decisions of the commission are determined by majority vote of the members present, except that a majority of the entire commission must approve the appointment or removal of a circuit public defender or the executive director for cause.
(E) The commission shall meet at least quarterly and at other times and places as it deems necessary or convenient for the performance of its duties and shall keep and maintain minutes of all commission meetings.
(F) The commission shall elect such officers, other than the chairperson, from the members of the commission as it deems necessary and shall adopt rules for the transaction of its business as it desires. Elected officers shall serve for a term of one year and may be removed without cause by a vote of two-thirds of the members of the entire commission and for cause by a majority vote of the entire commission. The chairperson shall retain a vote on all matters except those in which the chairperson has a conflict of interest.
(G) The members of the commission shall receive no compensation for their services but will be reimbursed for their actual expenses incurred in the performance of their duties as members of the commission. Expenses incurred by the commission must be paid from the general operating budget of the commission.
(H) The commission shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles accused of violations of criminal law.
(I) The commission shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary or advisable to fulfill the purposes and provisions of this article in the delivery of indigent services. This includes, but is not limited to, standards for:
(1) maintaining and operating circuit public defender offices, including requirements regarding qualifications, training, and size of the legal and support staff of the offices and access to data and records, including business records, in each circuit public defender office;
(2) prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person;
(3) public defender and appointed counsel caseloads;
(4) the qualifications, employment, and compensation of public defenders and other circuit public defender office personnel, based on job description, education, training, and experience;
(5) the performance of public defenders and appointed counsel representing indigent persons;
(6) procedures for prescribing qualifications and performance of independent counsel representing indigent persons in both trial and appellate courts, whether by contract or court appointment;
(7) providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons;
(8) determining indigence and for assessing and collecting the costs of legal representation and related services;
(9) compensation of attorneys appointed to represent indigent persons pursuant to this chapter;
(10) removing a circuit public defender for cause;
(11) a uniform definition of a 'case' for purposes of determining caseload statistics; and
(12) accepting contractual indigent defense representation.
Section 17-3-350. The members of the commission and the Circuit Public Defender Selection Panel and other policy-making or administrative personnel acting in a policy-making or administrative capacity in connection with the commission or the panel are not subject to civil liability resulting from an act or failure to act in the implementation and carrying out of the purposes of this chapter.
Section 17-3-360. (A) There is created within the Office of Indigent Defense, the Division of Appellate Defense. All of the allied, advisory, affiliated, or related entities as well as the employees, funds,
(B) The division must be administered by a chief attorney. The staff of the division shall consist of additional attorneys and administrative, investigative, secretarial, and clerical employees necessary to discharge the duties of the division. No person may be hired to serve as an attorney who is not licensed to practice law in this State. Attorneys employed by the division shall devote full time to their duties and may not engage in the private practice of law.
(C) The division shall carry out the following duties and responsibilities:
(1) It shall represent a person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(F)(2) who files Notice of Intention to Appeal or desires to appeal a conviction in a trial court, or decision of a proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. A person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the division. A court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision.
(2) Upon a finding that a person requesting representation qualifies as an indigent and after being appointed as counsel for this person by the court in which the appeal will be effected, the division shall represent this person in his appeal of a conviction in a trial court, or decision of a proceeding in civil commitment or other involuntary placement in a state, county, or municipal facility, provided nothing in this article requires the division to pursue an appeal unless the chief attorney of the division is first satisfied that there is arguable merit to the appeal.
(3) It shall represent indigents, other than at trial or commitment proceedings when appointed by the court.
(4) It shall represent indigents in appeals of convictions in trial courts of this State, or decisions of civil commitment proceedings or other involuntary placement only in courts of this State.
Section 17-3-370. The provisions of this article shall not restrict a court in which an appeal is to be effected, from appointing counsel for indigent persons when the division is disqualified from representation for reasons of conflict or when the division deems it advisable that it not provide representation for the indigent person.
Section 17-3-380. The commission will be funded by appropriations to the commission in the state General Appropriations Act including federal funds as may be available."
SECTION 8. A. Section 9-8-10(13) and (18) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(13) 'Compensation' means the total salary paid to a judge, or solicitor, or circuit public defender for service rendered to the State.
(18) 'Earned service' means paid employment as a judge, or solicitor, or circuit public defender where the judge, or solicitor, or circuit public defender makes regular contributions to the system."
B. Section 9-8-10 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding at the end:
"(19) 'Circuit public defender' means a person holding the office defined in Section 17-3-5(4)."
C. Section 9-8-20 of the 1976 Code is amended to read:
"Section 9-8-20. A retirement system is hereby created and placed under the administration of the board to provide retirement allowances and other benefits for judges, and solicitors, and circuit public defenders commencing July 1, 1979. It shall have has the power and privileges of a corporation and shall must be known as the Retirement System for Judges and Solicitors of the State of South Carolina, and by such this name all of its business shall must be transacted, all of its funds invested, and all of its cash, securities, and other property held."
D. Section 9-8-40 of the 1976 Code is amended to read:
"Section 9-8-40. (1) All persons who are judges or solicitors on July 1, 1979, and who have not attained age seventy-two shall become members of the system as of such that date. All other persons shall become members of the system on their taking office as judge, or solicitor, or circuit public defender prior to before attaining age seventy-two.
(2) If a member of the system ceases to be a judge, or solicitor, circuit public defender for reasons other than death or retirement, he shall thereupon cease then ceases to be a member of the system, whether or not he withdraws his accumulated contributions."
E. Section 9-8-50(A) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(A) An active contributing member of the system may establish service credit in the system for the same types of service, and under the same conditions, that members of the South Carolina Retirement System may establish service credit in the South Carolina Retirement System pursuant to Section 9-1-1140. With the exception of nonqualified service, as defined in Section 9-1-10(20), an active contributing member may establish service credit under this section by making a payment to the system equal to the current member contribution required for earned service pursuant to Section 9-8-130 for each year of service purchased, prorated for periods of less than a year. The cost to establish nonqualified service under this section is the same as the cost for a member to establish nonqualified service in the South Carolina Retirement System pursuant to Section 9-1-1140. A member may not establish more than sixteen years of service credit in the system under this section. A judge may not establish additional service credit under this section after attaining twenty-five years of creditable service. A solicitor or circuit public defender may not establish additional service credit under this section after attaining twenty-four years of creditable service."
F. Section 9-8-50(D)(2)(a) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(a) return to employment as a judge, or solicitor, or circuit public defender and once again become an active contributing member of the system;"
G. Section 9-8-50(E)(1) and (3) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(1) A judge is vested in the system after attaining ten years of earned service in the position of judge, and a solicitor is vested in the system after attaining eight years of earned service as a solicitor, and a circuit public defender is vested in the system after attaining eight years of earned service as a circuit public defender.
(3) If a vested member who began service as a judge, or solicitor, or circuit public defender after June 30, 2004, has terminated service and left contributions on deposit with the system, the member is eligible for a monthly benefit beginning at age sixty-five. The member's benefit under this section is calculated by multiplying the member's monthly benefit determined in accordance with Section 9-8-60 or 9-8-70, by a fraction in which the member's total credited service in the system is the numerator and twenty-four is the denominator. The monthly benefit under this section may not exceed
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed ten years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service;
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty- five with at least four years' earned service in the position of judge, or solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System and the South Carolina Police Officers Retirement System except as provided in Section 9-8-65.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. A person making this election shall not make contributions
(5) A member who retires, who has completed at least twenty-five years of credited service, or twenty-four years in the case of a solicitor or circuit public defender, shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of earned service over twenty-five, or twenty-four in the case of a solicitor or circuit public defender. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."
I. Section 9-8-60 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding a new subsection at the end to read:
"(7) A member eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and receive a retirement benefit while continuing to serve as judge, solicitor, or circuit public defender. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office."
J. Section 9-8-110(3) and (5) of the 1976 Code are amended to read:
"(3) If a member dies while in the service of the State, whether as a judge, or a solicitor, or circuit public defender or otherwise, and either is not married or has designated a beneficiary other than his surviving spouse, an allowance in lieu of the lump sum provided in subsection (1) shall be is payable to such the person as he shall have nominated by written designation in accordance with subsection (1) equal to the amount which would have been payable to such the person as if the deceased member had retired at the time of his death and had made an effective election under Section 9-8-70 nominating such the person as his contingent beneficiary.
(5) Upon receipt of proof, satisfactory to the board, of the death of a member in service as a judge, or solicitor, or circuit public defender who had completed at least one full year of credited service in the system or of the death of a member in service as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, there must be paid to his spouse unless he has nominated a beneficiary by written designation filed with the board, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The benefit must be payable apart and separate from the payment of the allowance, or the lump sum amount in lieu thereof, pursuant to the provisions of subsection (1), (2), or (3) above of this section. A member may designate his estate to receive this death benefit in lieu of his spouse, or other beneficiary nominated in subsection (1). For purposes of this subsection, a member is considered to be in service at the date of his death if his last day of earned service credit as a judge, or solicitor, or circuit public defender occurred not more than ninety days before his death and he has not retired or withdrawn contributions."
K. Section 9-8-120(1) and (2) of the 1976 Code, as last amended by Act 497 of 1994, are further amended to read:
"(1) If such the return is as a solicitor or circuit public defender, he shall must be a contributing member of the system and shall must be credited with all service standing to his credit at the time of his retirement. The retirement allowance payable upon his subsequent retirement shall must be based on the total of his credited service rendered before and after his return to service.
(2) Except as otherwise provided below, if this return is in a position other than as a solicitor or circuit public defender, the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If the beneficiary's return is as a member of the General Assembly, retirement allowances continue as provided by pursuant to Section 9-8-60(1)."
L. Section 9-8-125 of the 1976 Code, as added by Act 63 of 1995, is amended to read:
"Section 9-8-125. A member of the system who is at least sixty-five years of age and eligible to receive benefits pursuant to Chapter 9 of this title but for the member's current employment as a judge, or solicitor, or circuit public defender may elect to receive retirement
SECTION 9. Sections 17-3-60 and 17-3-70 of the 1976 Code are repealed.
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. This act takes effect upon approval by the Governor. /
Amend title to conform.
Sen. Luke Rankin Rep. G. M. Smith Sen. Greg Ryberg Rep. W. D. Smith Sen. Gerald Malloy Rep. Todd Rutherford On Part of the Senate. On Part of the House.
Rep. W. D. SMITH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CLEMMONS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Bales Bannister Barfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Delleney Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Herbkersman Hinson Hiott Hodges Hosey Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Lowe Lucas
Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Pinson M. A. Pitts Rice Rutherford Sandifer Scott Sellers Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Umphlett Vick Walker Weeks Whipper White Whitmire Williams Young
Those who voted in the negative are:
Bedingfield Davenport Duncan Kennedy J. H. Neal Thompson
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. SCOTT, STEWART and CLEMMONS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
S. 327 -- FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 6, 2007
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Date [SEC 5/23/07 5:13 PM].)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 7-5-10 of the 1976 Code is amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in every each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Registration of County'. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
(B)(1) Members Each member, and such each staff as person designated by the board, must complete, within eighteen months after their a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed o reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following initial completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."
SECTION 2. Section 7-5-35 of the 1976 Code is amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
(B)(1) Commissioners Each commissioner, and such each staff as person designated by the commission, must complete, within eighteen months after their a commissioner's initial appointment or his
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 3. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. (A) For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less
(B) The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C)(1) Commissioners Each commissioner, and such each staff person as designated by the commission, must complete, within eighteen months after their the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).
(b) Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Sen. John M. Knotts, Jr. Rep. Alan D. Clemmons Sen. Vincent A. Sheheen Rep. James E. Stewart, Jr. Sen. George E. Campsen III Rep. John L. Scott, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4164 (Word version) -- Reps. Bowers and Brantley: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received:
Columbia, S.C., June 7, 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. 88, S. 334 by a vote of 43 to 0:
(R88) S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-126 SO AS TO MAKE AN INDIVIDUAL ELIGIBLE FOR WAITING WEEK CREDIT FOR UNEMPLOYMENT COMPENSATION IF THE EMPLOYMENT SECURITY COMMISSION FINDS THAT THE INDIVIDUAL HAS LEFT WORK VOLUNTARILY TO RELOCATE BECAUSE OF THE TRANSFER OF A SPOUSE WHO HAS BEEN REASSIGNED FROM ONE MILITARY ASSIGNMENT TO ANOTHER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 41-35-130, AS AMENDED, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
June 6, 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. 334 (Word version), R. 88.
I do so with difficulty because this Bill would help about 80 military spouses a year and because South Carolina has a proud military tradition, with many of our citizens having answered the call of duty throughout history. I join others in appreciation of the service of the men and women of our armed forces in defense of our country.
This Bill allows an individual who voluntarily leaves his or her work to collect unemployment benefits. In this instance, departure is for the most noble of reasons - to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another. Unfortunately, as it does so, it creates two other problems that we believe ultimately outweigh the good of this Bill.
One, this legislation breaks the nexus between unemployment benefits and involuntary departure from the workplace. This sets a precedent that opens the door for future unemployment benefit law changes for a host of other reasons. For example, this legislation does not also apply to individuals whose spouses work in the private sector and are transferred to jobs in other states, which happens frequently with corporate families across our State. Similarly, families associated with other forms of public work in fire protection, EMS or police work do not have this benefit available to their spouses in the event of work transfer.
Two, these unemployment claims would be paid directly from the Unemployment Compensation Trust Fund which, as we stated in our Budget, overcharges state agencies to the tune of $3 million per year. As we are faced with an $18 billion outstanding liability between the Other Post Employment Benefits, the State Retirement System, and the prepaid tuition program, we should be exceedingly circumspect about adding obligations to our current unfunded ledger sheet. Though I think the legislation is very well intended in its efforts to help military families who spend some time in South Carolina, we need to balance that against change to the universe of citizens eligible for unemployment benefits - and our obligation to taxpayers given currently unfunded promises now on the roles.
For the reasons stated above, I am vetoing S. 334, R. 88, and returning it without my approval.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R88) S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-126 SO AS TO MAKE AN INDIVIDUAL ELIGIBLE FOR WAITING WEEK CREDIT FOR UNEMPLOYMENT COMPENSATION IF THE EMPLOYMENT SECURITY COMMISSION FINDS THAT THE INDIVIDUAL HAS LEFT WORK VOLUNTARILY TO RELOCATE BECAUSE OF THE TRANSFER OF A SPOUSE WHO HAS BEEN REASSIGNED FROM ONE MILITARY ASSIGNMENT TO ANOTHER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 41-35-130, AS AMENDED, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.
Those who voted in the affirmative are:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Davenport Delleney Duncan Frye Funderburk Gambrell Govan Gullick Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Kelly Kirsh Knight Leach Limehouse Lowe Lucas Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks E. H. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Vick Weeks Whipper White Whitmire Williams Young
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 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that having received the message from the House that they receded from their amendment to H. 3481:
H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G. M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3373 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND
Rep. WITHERSPOON explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of the Senate Amendments to H. 3373.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. BEDINGFIELD objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.
Rep. W. D. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18903MM07), which was adopted:
"( ) A taxpayer who qualifies for the job development credit pursuant to the provisions of this section and who is located in a multi-county business or industrial park jointly established pursuant to Section 13 of Article VIII of the Constitution of this State is allowed a job development credit equal to the amount allowed pursuant to subsection (D) for the designation of the county which has the lowest development status of the counties containing the park if:
(1) the park is developed and established on the geographical boundary of adjacent counties; and
(2) the written agreement, pursuant to Section 4-1-170, requires revenue from the park to be allocated to each county on an equal basis."
B.1. Sections 1, 2, 3, and 4 of Act 906 of 1962, as amended, and Section 2 of Act 197 of 1973, are hereby designated as Sections 59-53-1110, 59-53-1120, 59-53-1130, and 59-53-1140 of the 1976 Code to be contained in Subarticle 1, Article 14, Chapter 53 of Title 59. Subarticle 1 of Article 14 so designated is amended to read:
Section 59-53-1110. (A) (Formerly Section 1 of Act 906 of 1962, as last amended by Act 432 of 2006) There is created the Spartanburg County Commission for Technical and Community Education, which is a body politic and corporate and consists of thirteen members. The present members of the Spartanburg County Committee Commission for Technical and Community Education shall continue to hold office as members of this commission for the terms for which they have been appointed, and the new members thereafter are appointed by the Governor for terms of four years each, upon the recommendation of a majority of the Spartanburg County Legislative Delegation. Each of the seven school districts of the county Spartanburg County shall have one member, . The county legislature delegations of Cherokee County and Union County each shall recommend one member for appointment by the Governor to the
(B) (Formerly Section 2 of Act 197 of 1973) The two additional members of the commission provided for in Section 1 shall be appointed for four-year terms beginning on the date of appointment.
Section 59-53-1120. (Formerly Section 2 of Act 906 of 1962, as last amended by Act 432 of 2006) (A) The commission is responsible for the development and implementation of an adequate vocational and technical training program, which includes, but is not limited to, the following:
(1) a crash program coordinated with our industrial expansion effort, which will provide immediate training for established industries and provide immediate training for particular industries;
(2) technical training programs primarily designed to train high school graduates as technicians for initial employment in industry; and
(3) provide trade extension courses to persons who desire employment in industries and also to those presently employed who wish to improve their skills.
(B) The commission, in carrying out these programs, shall cooperate with all school districts and all county, state, and federal agencies designed to further technical education. The commission may purchase or lease equipment, hire personnel, including a president and instructors, enter into contracts, make regulations, and do other things necessary to carry out the provisions of this act, or to qualify to receive state or federal aid under any present or future statute, policy, or regulation. The commission is considered an operating unit under the general laws governing the lending of funds for capital improvements by the State Educational Finance Commission.
(C) The educational institution created by the commission, in its discretion, may be named Spartanburg Technical College, Spartanburg
Section 59-53-1130. (Formerly Section 3 of Act 906 of 1962, as last amended by Act 477 of 1969) The commission shall receive and administer the funds received by it from all sources and make its accounting to the county board of commissioners annually. The commission may receive gifts or grants of funds or property of any nature.
Section 59-53-1140. (Formerly Section 4 of Act 906 of 1962, as last amended by Act 477 of 1969) The commission shall submit a budget to the county board of commissioners on or before by March first of each year."
2. Notwithstanding the provisions of Section 59-53-1110 as codified in subsection A of this section, the four at-large members serving on the effective date of this section shall continue to serve until the expiration of their terms or until a vacancy occurs, after which only two such members must be appointed.
3. (A) The General Assembly finds that the Spartanburg County Commission for Technical and Community Education is in a unique position to be an active and full participant in the state's effort to promote and enhance the economic development of this State through the location and development of high-technology businesses and industries. Further, the General Assembly finds that the role of the commission to provide educational and job-training opportunities for area citizens complements and enhances the ability of the state's research universities to pursue and engage the high-technology community. Further, the General Assembly finds that the commission can better utilize its resources, particularly its Cherokee County and Tyger River Campuses, if the necessary powers and flexibility are granted by the General Assembly for the commission to fulfill its role in a high-technology economy. Further, the General Assembly finds that it is in the best interest of the State to provide the powers and flexibility for Spartanburg Community College and that the best method for accomplishing this is through the creation and establishment of a separate and distinct instrumentality of the State.
(B) The General Assembly has determined that the authorizations contained in this act are in the public interest, serve a public purpose, and promote the health, safety, welfare, and convenience of the people of the State.
Section 59-53-1180. This subarticle may be cited as the 'Spartanburg Community College Enterprise Campus Authority Act'.
Section 59-53-1181. As used in this subarticle:
(1) 'Authority' means the Spartanburg Community College Enterprise Campus Authority.
(2) 'Board' means the governing body of the authority.
(3) 'Commission' means the Spartanburg County Commission for Technical and Community Education pursuant to Subarticle 1 of this article.
(4) 'Enterprise Campus' means the real and personal property subject to the management and control of the authority. The Enterprise Campus may consist of one or more tracts or parcels of real property and none of the tracts or parcels has to be contiguous with other properties constituting the Enterprise Campus.
Section 59-53-1182. (A) There is created a body politic and corporate known as the Spartanburg Community College Enterprise Campus Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this subarticle is the performance of an essential public function. The authority is governed by a board, which consists of members of the commission. All members serve ex-officio. Persons serving as chairman, vice-chairman, treasurer, and secretary of the commission shall serve in the same capacity on the board. The members of the board shall receive per diem as provided for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties.
(B) The board shall exercise the powers of the authority.
(C) The purpose of the authority is to provide for the management, development, and operation of the Enterprise Campus.
Section 59-53-1183. (A) In addition to the powers contained elsewhere in this subarticle, the board has all power necessary, useful, or appropriate to operate and administer the authority, to effectuate the purposes of the authority, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) sue and be sued in its own name;
(3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this subarticle for the administration of the authority's affairs and the implementation of its functions;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) buy, purchase, or otherwise acquire real and personal property and other assets and sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its real and personal property and other assets, upon such terms and conditions the board determines;
(7) employ agents, advisors, consultants, engineers, architects, attorneys, accountants, construction and financial experts, land planners, superintendents, managers, and other employees and agents as necessary in the board's judgment in connection with any aspect of the Enterprise Campus and to determine their duties and to fix their compensation;
(8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entities, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(10) receive, accept, and expend from any source including any federal, state, or other public agency and any private agency, person, or other entity appropriated funds, donations, loans, grants, aid, or contributions of money, property, labor, or other things of value;
(11) invest or reinvest its funds as provided in Section 11-9-660;
(12) make contracts and guarantees, incur liabilities, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner determined to be in the best interest of the authority. Any guarantee or indebtedness of the authority does not create an obligation of the State
(13) fix and revise when necessary and charge and collect rates, fees, rents, and charges for the use of, and for the services furnished by it, for all or any portion of the Enterprise Campus;
(14) determine the character of the Enterprise Campus, and acquire, develop, construct, and provide for the Enterprise Campus, and maintain, repair, and operate, and enter into contracts for the management, lease, use, or operation of all or any portion of the Enterprise Campus;
(15) establish and enforce, and agree through any resolution or trust agreement authorizing or securing bonds, notes, or other obligations or indebtedness of the authority to make and enforce rules and regulations for the use of and services rendered by the authority for the Enterprise Campus;
(16) appoint and provide for advisory committees;
(17) establish not-for-profit corporations in accordance with applicable corporate law and with the powers as provided by the applicable corporate law; and
(18) do all other things necessary or convenient to exercise the powers granted or reasonably implied by this subarticle.
(B) The powers contained in this subarticle include the power to enter into contracts and other agreements with public or private entities for the lease of authority property, the construction, occupancy, use, and ownership by the public or private entity of buildings or other facilities on authority property, and the conveyance of the public or private entity's property to the authority at the end of any applicable contract or agreement.
Section 59-53-1184. (A) The authority shall comply with the provisions of Chapter 47 of Title 2, but only State Budget and Control Board approval is required for leases and lease purchase agreements, including ground lease agreements, the terms and conditions thereof, and the consideration involved, for the construction or use of facilities on the Enterprise Campus. Upon the expiration of the lease purchase agreements, including ground lease agreements, the private entity shall surrender to the authority the premises with the existing buildings, other structures, and improvements constructed and located on the Enterprise Campus, in the same condition as when the construction of the buildings, other structures, and improvements were completed, only natural and normal wear and tear excepted. The approval of the State Budget and Control Board required for leases and lease purchase
The authority shall adhere to fire, life, and safety codes as required by the Office of State Engineer. In the leasing of property and the granting of easements and rights-of-way by the authority, the authority is exempt from the provisions of Sections 1-11-55, 1-11-56, and 10-1-130.
(B) For all matters associated with the Enterprise Campus, the authority is exempt from the South Carolina Consolidated Procurement Code, however, the authority shall adopt a procurement policy requiring competitive solicitations, and the policy must be filed with and approved by the State Budget and Control Board. The policy must include provisions for audit and recertification.
(C) The authority is exempt from all regulations and general laws governing disposal of surplus government property.
Section 59-53-1185. (A) The authority may issue bonds in the same manner and for the same purposes, including the purposes of the authority, pursuant to the provisions of the Higher Education Revenue Bond Act, as provided in Chapter 147, Title 59.
(B) The issuance by the authority of any bonds, notes, or other obligations or indebtedness is subject to the approval of them by resolution of the State Budget and Control Board.
(C) Bonds, notes, or other obligations or indebtedness of the authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, the commission, or any of the state's political subdivisions other than the authority, but are payable only from the revenue, money, or property of the authority as provided in this subarticle. The bonds, notes, or other obligations or indebtedness of the authority do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. A member of the board or a person executing bonds, notes, or other obligations or indebtedness of the authority is not liable personally on the bonds, notes, or other obligations or indebtedness by reason of their issuance or execution. Each bond, note, or other obligation or indebtedness must contain on its face a statement to the effect that:
(1) neither the State, the commission, nor any of the state's political subdivisions, nor the authority is obligated to pay the principal
(2) neither the full faith and credit, nor the taxing power of the State, nor any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond, note, or other obligation or indebtedness; and
(3) the authority does not have taxing power.
Section 59-53-1186. The authority shall submit an annual report on the development and use of the Enterprise Campus to the State Board for Technical and Comprehensive Education, the Governor, the State Budget and Control Board, the Chair of the Ways and Means Committee of the House of Representatives, and the Chair of the Finance Committee of the Senate. The report must be submitted not later than six months after the end of each fiscal year.
Section 59-53-1187. The authority in performing an essential governmental function in the exercise of the powers conferred upon it is not required to pay any taxes or assessments upon any property or upon any of its activities or operations or the income from them, or any taxes or assessments upon any property acquired or used by the authority or upon the income from them. Any bonds, notes, or other obligations or indebtedness issued by the authority and the income from them is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 59-53-1188. (A) The Cherokee County campus means the commission's real property and facilities located off Highway 11 near Interstate 85. The property also adjoins the western Frontage Road to Interstate 85 in Gaffney, South Carolina. The Tyger River Campus means the commission's real property and facilities that are located on 1875 East Main Street (Highway 290) in Duncan in Spartanburg County. 'Enterprise Campus' means either the Cherokee County or the Tyger River Campuses of Spartanburg Community College.
(B) The commission may provide for the management, development, and operation of part or all of its Cherokee County and Tyger River Campuses property by the Spartanburg Community College Enterprise Campus Authority.
(C) The commission is authorized to enter into contracts with the Spartanburg Community College Enterprise Campus Authority for the provision of executive and administrative services to the authority.
(D) In the fulfillment of the power contained in this section, the commission is authorized to sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the Cherokee County and Tyger River Campuses to the Spartanburg Community College Enterprise Campus Authority upon such terms and conditions as the commission determines. The commission may sell, convey, lease, exchange, transfer, or give all or any part of its real and personal property and other assets constituting the Enterprise Campus, other than the Cherokee County and Tyger River Campuses, to the Spartanburg Community College Enterprise Campus Authority only upon approval by the State Board for Technical and Comprehensive Education. The commission may buy, purchase, or otherwise acquire and accept real and personal property and other assets from the Spartanburg Community College Enterprise Campus Authority only in accordance with all regulations and general laws applicable to state-supported technical institutions in the acquisition and acceptance of real and personal property and other assets."
5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
6. Notwithstanding any other effective date provided in this section, this section takes effect upon approval of this act by the Governor.
C. Except as otherwise provided for, this section takes effect upon the approval by the Governor, and is applicable for tax years beginning after 2007. /
Renumber sections to conform.
Amend title to conform.
Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. BEDINGFIELD proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3404DW07), which was ruled out of order:
Section 12-65-10. (A) For purposes of this section:
(1) 'Fee' means, but is not limited to, assessments, fees for improvements, special assessments, maintenance, and other repairs required by the homeowners' association.
(2) 'Homeowner' means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a co-owner under a horizontal property regime.
(3) 'Homeowners' association' has the same meaning as provided in Section 12-43-230.
(4) 'Homeowners' association document' means, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their property.
(B) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning fees in a deed, contract, lease, rental agreement, or homeowners' association document, any fee levied by a homeowners' association must be uniform as to all property owners in the association and must be a fixed amount. The fee must not be assessed upon or related to the transfer of any real estate within the association and must not be based on the value of the home." /
Renumber sections to conform.
Amend title to conform.
Rep. BEDINGFIELD explained the amendment.
Rep. COOPER 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 job development tax credits for commercial property, but the Amendment dealt with homeowner association fees. He therefore sustained the Point of Order and ruled the Amendment out of order.
"(38)(a) Watercraft and motors which have an assessment of not more than fifty dollars.
(b) By ordinance, a governing body of a county may exempt from the property tax, forty-two and 75/100 percent of the fair market value of a watercraft and its motor. This exemption for a watercraft motor applies whether the motor is located in, attached to, or detached from the watercraft."
B. Section 12-37-714 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"Section 12-37-714. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred and sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety days in the aggregate in a property tax year. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State.
(3) When a boat, or motor if separately taxed, is subject to a written contract for repairs and located in a marine repair facility in this State, the time periods provided pursuant to items (1) and (2) of this section are tolled."
Rep. EDGE explained the amendment.
The amendment was then adopted.
Reps. COOPER and WHITE proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10149HTC07), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. Section 4-29-68(A)(2) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(2) The bonds are issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding (a) the infrastructure serving the issuer and or the project, (b) for improved or unimproved real estate used in the operation of a manufacturing or commercial enterprise, or (c) aircraft which qualifies as a project pursuant to Section 12-44-30(16), which property is determined by the issuer in order to enhance the economic development of the issuer. and costsCosts of issuance of the bonds also may be paid from bond proceeds. Bonds issued pursuant to this section to finance the acquisition of real or personal property may be additionally secured by a mortgage of that real or personal property." /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. E. H. PITTS proposed the following Amendment No. 5 (Doc Name COUNCIL\AGM\18911MM07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___. Section 53-1-150(B), as last amended by Act 134 of 1995, is further amended to read:
"(B) The provisions of Chapter 1 of Title 53 do not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Reps. TALLEY and BANNISTER proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\11791AC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. An incentive payment for each gallon of B20 fuel sold beginning after June 30, 2006, and ending before July 1, 2007, is provided to a retailer, provided that the B20 fuel is subject to the South Carolina motor fuel user fee. The incentive payment is equal to five cents for each gallon of B20 fuel sold by a retailer. The payment must be made to the retailer upon compliance with verification procedures set forth by the Department of Agriculture. The total incentive payments to all retailers available pursuant to this section must not exceed three hundred eighty-five thousand dollars.
B. The incentive payments provided pursuant to subsection (A) must be paid upon application of the retailer to the Department of Revenue from unexpended funds received by the department pursuant to Paragraph 73.17, Part IB, Act 397 of 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 7 (Doc Name COUNCIL\AGM\18912MM07), which was adopted:
"Section 46-3-260. (A) There is established in the State Treasury a separate and distinct fund known as the 'South Carolina Renewable Energy Infrastructure Development Fund'. The revenues of the fund must be distributed by the South Carolina Renewable Energy Revolving Loan Program and the South Carolina Renewable Energy Grant Program. Disbursement of these funds by the loan and grant programs must be approved by the South Carolina Renewable Energy Oversight Committee. The committee shall consist of seven members, one appointed by each of the following persons: the Governor, the Commissioner of Agriculture, the Secretary of Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
(1) The South Carolina Renewable Energy Revolving Loan Program shall provide low interest loans, with a rate not to exceed the Wall Street Journal prime interest rate, to an individual or organization that plans to build a qualified renewable energy production facility. A renewable energy production facility is a facility that produces energy or transportation fuels from biomass, solar, or wind resources. A loan from the program may provide up to fifty percent of the total cost of a project, but must not exceed two hundred fifty thousand dollars for each project. The Department of Agriculture shall administer the South Carolina Renewable Energy Revolving Loan Program, in cooperation with the South Carolina Institute of Energy Studies.
(2) The South Carolina Renewable Energy Grant Program shall provide grants to a private and public entity located in South Carolina for the purpose of assisting the entity to be more competitive in obtaining federal and other available grants that may generate renewable energy-related research and projects to directly benefit the State. The Department of Agriculture shall administer the South Carolina Renewable Energy Grant Program, in cooperation with the South Carolina Institute of Energy Studies and the South Carolina Research Authority. Grants are available in the following three categories:
(a) planning grants up to ten thousand dollars are available to a research institution or private organization to develop proposals to
(b) matching grants up to two hundred thousand dollars are available for research and development projects that relate to development of South Carolina biomass, solar, and wind energy resources, provided that the grant does not exceed fifty percent of the total cost of the project; and
(c) matching grants up to two hundred thousand dollars are available for demonstration projects that validate the effectiveness of new and future biomass technologies and products, provided that the grant does not exceed fifty percent of the total cost of the demonstration project.
(B) The Department of Revenue may prescribe forms, procedures, issue policy documents and distribute funds as necessary to ensure the orderly and timely implementation of the provisions herein. The Department of Revenue shall coordinate with the Department of Agriculture as necessary.
(C) Unexpended funds received by the Department of Revenue from proviso 73.17 of the Fiscal Year 2006-07 Appropriation Act and carried forward must be disbursed to these entities to meet the requirements of this provision: the Department of Revenue for the purpose of alternative fuel purchases incentive payments and the South Carolina Renewable Energy Infrastructure Development Fund established in this section. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 9 (Doc Name COUNCIL\GGS\22945HTC07), which was adopted:
Amend the bill, as and if amended, page 52, by striking SECTION 64 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
"Section 12-6-3383. Any builder or developer is eligible for an income tax credit of one thousand dollars per home on the construction of a home built to Earthcraft or Leadership in Energy and Environmental Design (LEED) standards in a county approved subdivision or planned unit development."
B. This section takes effect upon approval by the Governor and applies to tax years beginning after 2007./
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4253 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES TO ENACT REGULATIONS, RESOLUTIONS, AND ORDINANCES, SO AS TO FURTHER AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO WAIVE FINES AND PENALTIES ASSESSED FOR A VIOLATION OF MUNICIPAL ORDINANCES AND REGULATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4263 (Word version) -- Reps. Rutherford, Herbkersman, Stavrinakis, Thompson and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "AN AMUSEMENT REDEMPTION MACHINE", AND TO PROVIDE FOR CRIMINAL PENALTIES FOR
The following was introduced:
H. 4254 (Word version) -- Reps. Govan, Sellers, Cobb-Hunter and Ott: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE TRAGIC DEATH OF MRS. HATTIE PEARL HUNTER OF ORANGEBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4255 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION STATING THE DESIRE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO PLACE IN ABEYANCE THE PROVISIONS OF ACT 313 OF 2004 REQUIRING THE STATE PORTS AUTHORITY TO SELL THE MARINE TERMINAL OPERATIONS PROPERTY AT PORT ROYAL AND FURTHER REQUEST THAT THE STATE BUDGET AND CONTROL BOARD REEVALUATE THE PROPERTY AT PORT ROYAL TO DETERMINE THE BEST USE OF THE PROPERTY FOR THE BENEFIT OF THE STATE.
Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 4256 (Word version) -- Reps. Harvin, Barfield, Clemmons, Edge, Hardwick, Hayes, Viers, Witherspoon, 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, Clyburn, Cobb-Hunter,
The Resolution was adopted.
The following was introduced:
H. 4257 (Word version) -- Reps. Knight, 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, 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,
The Resolution was adopted.
The following was introduced:
H. 4258 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Edge and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF THE STATE FARM TO MARKET ROAD #31 IN HORRY COUNTY, FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 905 TO THE TOWN OF LORIS, THE "SERGEANT HENRY ODELL STALVEY, JR. MEMORIAL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "SERGEANT HENRY ODELL STALVEY, JR. MEMORIAL ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4259 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY LOUISE PARHAM, DILLON COUNTY TREASURER, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4261 (Word version) -- Reps. Bowen, Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MR. MICHAEL TIMOTHY O'NEAL, JR., OF ANDERSON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4262 (Word version) -- Reps. Cotty, Funderburk, Lucas, 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, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, 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,
The Resolution was adopted.
The Senate sent to the House the following:
S. 828 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO EXTEND APPRECIATION TO GEORGE R. BARNES FOR HIS EXEMPLARY SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY BY SERVING ON THE ORANGEBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION ON THE OCCASION OF HIS RETIREMENT FROM THE BOARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 310:
Very respectfully,
President
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Rep. CATO explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Grooms, in lieu of Senator McConnell, to the Committee of Conference on the part of the Senate on S. 355:
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 p.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. LOFTIS the invitation was accepted.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 141:
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3826:
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS
Very respectfully,
President
On motion of Rep. WHITE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WHITE, COBB-HUNTER and G. M. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
H. 3249 -- Conference Report
The General Assembly, Columbia, S.C., June 7, 2007
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 1-23-110(C) of the 1976 Code is amended to read:
"(C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3)."
SECTION 2. Section 1-23-120 of the 1976 Code is amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted pursuant to this section subsection (H) must be submitted filed with Legislative Council for submission to the General Assembly for review in accordance with this article, but; however, a regulation must not be submitted filed with Legislative Council for submission to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110, except those regulations requiring a final assessment report as provided in Sections 1-23-270 and 1-23-280. A regulation submitted to the General Assembly for review must not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review, the agency shall file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives a document containing:
(1) a copy of the regulations promulgated;
(2) in the case of regulations proposing to amend an existing regulation or any clearly identifiable subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined;
(3) a request for review;
(3)(4) a brief synopsis of the regulations submitted explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;
(4)(5) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(5)(6) a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.
(6)(7) a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies, or
(7)(8) a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a).; and
(8)(9) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b).
(C) Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the website maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the Clerk of the House in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the
(1) the synopsis of the regulation as required by subsection (B)(4);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B)(5), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
(F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted referred to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the date of publication of the next State Register published after the end of the two-year session in which the regulation was submitted to the President and Speaker for review. Other provisions of this article notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the agency for legislative review during the next legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes for the previously submitted version.
(H) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(4) must include citations to
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40;
(4) as emergency regulations under Section 1-23-130.
(H)(I) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.
(I)(J) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 3. Section 1-23-125 of the 1976 Code is amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item subsection (B)(3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.
(D) This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(E) If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposed and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new
SECTION 4. Section 1-23-270(F)(1) of the 1976 Code is amended to read:
"(1) Within five years of the effective date of this article, each agency shall review all agency regulations existing at the time of the effective date to determine whether to continue the regulations without change or amend or rescind them to minimize economic impact of the regulations on small businesses in a manner consistent with the stated objective of applicable statutes. If the head of the agency determines that completion of the review of existing regulations is not feasible by the established date, the agency shall publish in the State Register a statement certifying that determination. Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in Section 1-23-120(H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(a) for which the agency intends to begin the process of repeal in accordance with this article;
(b) for which the agency intends to begin the process of amendment in accordance with this article; and
(c) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with Article 1 before or after it is identified in the report to the Code Commissioner."
SECTION 5. This act takes effect July 1, 2008, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other regulations under General
Amend title to conform.
Sen. Robert Ford Rep. Ben A. Hagood Sen. Luke A. Rankin Rep. Wallace B. Scarborough Sen. Randy Scott Rep. Walton J. McLeod On Part of the Senate. On Part of the House.
Rep. HAGOOD explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3516:
H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
and asks for a Committee of Conference and has appointed Senators Ryberg, Verdin and Malloy to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HUGGINS, SCOTT and CRAWFORD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 7, 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. 3304:
H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 446:
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher,
Very respectfully,
President
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received from the Senate:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3749:
H. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.
Very respectfully,
President
On motion of Rep. W. D. SMITH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. W. D. SMITH, KIRSH and BINGHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C. June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Ryberg, Alexander and Sheheen of the Committee of Conference on the part of the Senate on H. 3826:
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
Very respectfully,
President
Received as information.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.
Rep. HARRISON explained the Senate Amendments.
The following was received:
Columbia, S.C., June 7, 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. 95, H. 3161 by a vote of 41 to 2:
(R95) H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR THOSE PERSONS WHO MAY DRIVE A SCHOOL BUS AND FOR THE REQUIRED TRAINING AND CERTIFICATION OF SCHOOL BUS DRIVERS; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT ALL PUBLICLY OWNED OR LEASED SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY, TO PROVIDE THAT CERTAIN PRIVATELY OWNED SCHOOL BUSES MUST BE INSPECTED ANNUALLY, AND TO PROVIDE FOR THE MANNER OF INSPECTION; TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO FURTHER PROVIDE FOR WHEN THE
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3249:
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; AND TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE-
The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 7, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator McConnell, in lieu of Sen. Grooms, to the Committee of Conference on the part of the Senate on S. 355:
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO
Very respectfully,
President
Received as information.
At 4:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R104, S. 13 (Word version)) -- Senators Hayes, Knotts, Fair and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 20 SO AS TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
(R105, S. 15 (Word version)) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 4, TITLE 20 ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT" SO AS 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, TO MAKE IT UNLAWFUL KNOWINGLY TO FILE OR ATTEMPT TO FILE A FALSE, FICTITIOUS, OR FRAUDULENT FOREIGN PROTECTION ORDER AND TO PROVIDE A PENALTY AND TO PROVIDE FOR CIVIL RECOVERY FOR THE FILING OF SUCH AN ORDER; TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE"; AND TO REPEAL SECTION 20-4-140 RELATING TO FOREIGN PROTECTION ORDERS.
(R106, S. 17 (Word version)) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: AN ACT 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, SO AS 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.
(R107, S. 91 (Word version)) -- Senators Campsen, Ritchie and Knotts: AN ACT 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; BY ADDING SECTION 12-14-80 SO AS TO ALLOW AN ECONOMIC IMPACT ZONE TAX CREDIT AGAINST THE CORPORATE INCOME TAX OR EMPLOYEES' WITHHOLDING TAX TO A MANUFACTURER THAT IS ENGAGED IN AT LEAST ONE ECONOMIC IMPACT ZONE, EMPLOYS FIVE THOUSAND OR MORE FULL-TIME WORKERS IN THIS STATE WITH A TOTAL CAPITAL INVESTMENT OF NOT LESS THAN TWO BILLION DOLLARS, AND HAS INVESTED FIVE HUNDRED MILLION DOLLARS IN THIS STATE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR AN AMUSEMENT PARK RIDE AND ANY PARTS, MACHINERY, AND EQUIPMENT USED TO ASSEMBLE AND MAKE UP AN AMUSEMENT PARK RIDE OR PERFORMANCE VENUE FACILITY AND ANY RELATED OR REQUIRED MACHINERY, EQUIPMENT, AND FIXTURES LOCATED IN AN AMUSEMENT PARK OR THEME PARK THAT MEETS CERTAIN INVESTMENT AND EMPLOYMENT QUALIFICATIONS; TO AMEND SECTION 11-45-30, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO CLARIFY THE DEFINITION OF 'LENDER' AND PROVIDE A DEFINITION FOR 'INTEREST'; TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO REQUIREMENTS FOR THE SUBMISSION OF INVESTMENT PLANS, SO AS TO PROVIDE CLARIFYING LANGUAGE; TO AMEND SECTION 11-45-55, RELATING TO TAX CREDIT CERTIFICATES, SO AS TO REQUIRE THAT THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY ESTABLISH GUIDELINES FOR PROCEDURES TO ISSUE TAX CREDITS AND DELETE THE REQUIREMENT THAT THE AUTHORITY ALSO ESTABLISH REGULATIONS; TO AMEND SECTION 11-45-70, AS AMENDED, RELATING TO VENTURE CAPITAL INVESTMENT REQUIREMENTS, SO AS TO
(R108, S. 99 (Word version)) -- Senators Sheheen, Malloy and Ford: AN ACT TO AMEND SECTIONS 7-11-20 AND 7-13-15, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
(R109, S. 141 (Word version)) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: AN ACT TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT
(R110, S. 182 (Word version)) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 AND 24-1-290 SO AS TO PROVIDE THAT THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR SERVICE BUSINESSES FOR EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK THAT INVOLVES EXPORTATION OF CERTAIN PRODUCTS UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF AN INMATE ENGAGED IN PRISON INDUSTRY SERVICE WORK IN ADDITION TO ANY OTHER REQUIRED DEDUCTIONS.
(R111, S. 243 (Word version)) -- Senators Setzler, Leatherman, Fair and Elliott: AN ACT 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 GRANTS 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 REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT; BY ADDING SECTION 12-14-80 SO AS TO ALLOW AN ECONOMIC IMPACT ZONE TAX CREDIT AGAINST THE CORPORATE INCOME TAX OR EMPLOYEES' WITHHOLDING TAX TO A MANUFACTURER THAT IS ENGAGED IN AT LEAST ONE ECONOMIC IMPACT ZONE, EMPLOYS FIVE THOUSAND OR MORE FULL-TIME WORKERS IN THIS STATE WITH A TOTAL CAPITAL INVESTMENT OF NOT LESS THAN TWO BILLION DOLLARS, AND HAS INVESTED FIVE HUNDRED MILLION DOLLARS IN THIS STATE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR AN AMUSEMENT PARK RIDE AND ANY PARTS, MACHINERY, AND EQUIPMENT USED TO
(R112, S. 268 (Word version)) -- Senators Alexander and Martin: AN ACT 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
(R113, S. 283 (Word version)) -- Senators Grooms and Campsen: AN ACT TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO ESTABLISH OPEN AND CLOSED SEASONS, BAG LIMITS, AND METHODS FOR HUNTING AND TAKING WILDLIFE, TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS FOR HUNTING AND TAKING WILDLIFE, TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS RELATING TO LAND OWNED BY THE DEPARTMENT, TO ALLOW THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS RELATING TO WILDLIFE MANAGEMENT AREAS, TO PROVIDE THAT CERTAIN ACTS CONTAINED IN THIS SECTION ARE UNLAWFUL ON ALL WILDLIFE MANAGEMENT AREAS AND ALL OTHER LANDS OWNED BY THE DEPARTMENT, TO PROVIDE THAT POSSESSION OF ALCOHOLIC BEVERAGES ON LAND DESIGNATED FOR HUNTING IS PROHIBITED AND IS UNLAWFUL ON ALL WILDLIFE MANAGEMENT AREAS, AND TO PROVIDE THAT NOTHING CONTAINED IN THIS SECTION SHALL INTERFERE WITH THE USE AND MANAGEMENT OF LANDS BY A STATE AGENCY IN CHARGE OF THESE LANDS IN THE FUNCTIONS OF THE AGENCY; AND TO AMEND SECTION 50-11-2220, AS AMENDED, RELATING TO CERTAIN PENALTIES ASSOCIATED WITH THE ABUSE OF WILDLIFE MANAGEMENT AREA LAND OR IMPROVEMENTS MADE TO THE LAND, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR AN ADDITIONAL PENALTY.
(R114, S. 449 (Word version)) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
(R115, S. 489 (Word version)) -- Senators Campsen, Gregory, McGill, Williams and Grooms: AN ACT TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH, TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH, AND TO PROVIDE FOR OTHER RELATED TAKE, SEASON, AND POSSESSION PROVISIONS; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE OR REVISE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
(R116, S. 534 (Word version)) -- Senator Leventis: AN ACT 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.
(R117, S. 589 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 38-90-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF
(R118, S. 610 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING ORAL OR WRITTEN PRESCRIPTION REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES AND LIMITATIONS ON QUANTITIES THAT MAY BE PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MAY BE DISPENSED ON A FACSIMILE OF A WRITTEN PRESCRIPTION TRANSMITTED TO A PHARMACIST, TO PROVIDE THAT SCHEDULES III THROUGH V MAY NOT EXCEED A NINETY-DAY SUPPLY, TO FURTHER SPECIFY THAT A GOVERNMENT IDENTIFICATION CARD IS REQUIRED FOR A PHARMACIST TO DISPENSE A CONTROLLED SUBSTANCE IN SCHEDULES II THROUGH V, AND TO AUTHORIZE THE DISPENSER TO ENTER CERTAIN PRESCRIPTION INFORMATION IN A READILY RETRIEVABLE LOG AND TO PROVIDE FOR THE CONTENTS OF THE LOG; TO ADD ARTICLE 3 TO CHAPTER 117, TITLE 44 SO AS TO AUTHORIZE AND ESTABLISH THE PROCEDURES FOR ELECTRONIC PRESCRIPTION PROCESSING, INCLUDING, AMONG OTHER THINGS, CONTENTS OF THE PRESCRIPTION, ACCEPTABLE METHODS OF ELECTRONIC PRESCRIPTION TRANSMISSION, CRITERIA AND SAFEGUARDS FOR THE ELECTRONIC EQUIPMENT UTILIZED TO ELECTRONICALLY TRANSMIT THESE PRESCRIPTIONS, PATIENT CONFIDENTIALITY, AND SANCTIONS FOR VIOLATIONS; AND TO DESIGNATE SECTIONS 44-117-10 THROUGH 44-117-50 AS ARTICLE 1,
(R119, S. 686 (Word version)) -- Senator Sheheen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-12 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SNAG FISH WITH ONE OR MORE HOOKS FOR THE PURPOSE OF IMPALING FISH.
(R120, S. 719 (Word version)) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3120, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R121, S. 770 (Word version)) -- Senator Leventis: AN ACT TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO RENAME AND REVISE CERTAIN VOTING PRECINCTS OF SUMTER COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
(R122, S. 784 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT IF A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 HAS NOT TAKEN EFFECT BY JULY 1, 2007, THEN THE APPROPRIATIONS AND PROVISOS CONTAINED IN ACT 397 OF 2006 ARE AUTHORIZED FOR FISCAL YEAR 2007-2008, UNTIL A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 TAKES EFFECT.
(R123, H. 3034 (Word version)) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: AN ACT TO AMEND THE CODE OF LAWS OF
(R124, H. 3045 (Word version)) -- Reps. Cooper, Cobb-Hunter, Umphlett, Mahaffey, Sandifer, G.R. Smith, Hamilton, Davenport, Mitchell, Miller, Battle, Thompson, J.R. Smith, J.H. Neal, M.A. Pitts, Cotty, Ballentine, Haley, Ceips, Funderburk, Brady, White, Kirsh, Jefferson, Vick, McLeod, Harrell, Littlejohn, Lucas, Branham, Delleney, Bowen, Gambrell, Gullick and Sellers: AN ACT TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT PILOT PROGRAM (V-SAFE)" WHOSE PURPOSE, CONTINGENT UPON THE GENERAL ASSEMBLY APPROPRIATING APPROPRIATE FUNDS, IS TO OFFER GRANTS TO ELIGIBLE VOLUNTEER AND COMBINATION FIRED DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS, TO PROVIDE DEFINITIONS OF CERTAIN TERMS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE GRANTS, AND TO PROVIDE THAT THE PILOT PROGRAM WILL CEASE TO EXIST ON JUNE 30, 2008; AND TO AMEND SECTION 23-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF THE OFFICE OF THE STATE FIRE MARSHAL TO THE STATE BUDGET AND CONTROL BOARD AND THE DUTIES, QUALIFICATIONS, AND APPOINTMENT OF THE STATE FIRE MARSHAL, SO AS TO SUSPEND THE REQUIREMENT THAT THE STATE FIRE MARSHAL MUST POSSESS A CERTAIN LEVEL OF EDUCATION AND WORK EXPERIENCES UNTIL AFTER JANUARY 20, 2011, AND TO PROVIDE THAT THE
(R125, H. 3199 (Word version)) -- Reps. G.M. Smith, Hagood, Cotty and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES AND TO ESTABLISH PENALTIES FOR EACH OFFENSE; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
(R126, H. 3232 (Word version)) -- Reps. Breeland, Mack, Anderson, R. Brown, Clyburn, Hart, Hosey, Howard, Jefferson, Scott and Williams: AN ACT 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 THAT 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; TO AMEND SECTION 56-3-1240, RELATING TO THE DISPLAY OF MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE FOR THE DISPLAY OF LICENSE PLATES ON CERTAIN COMMERCIAL MOTOR VEHICLES; AND TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT CERTAIN PROVISIONS CONTAINED IN THIS SECTION DO NOT APPLY TO THE PRODUCTION AND DISTRIBUTION OF KOREAN WAR SPECIAL LICENSE PLATES.
(R127, H. 3233 (Word version)) -- Reps. Scarborough and Umphlett: AN ACT 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
(R128, H. 3239 (Word version)) -- Reps. Funderburk, Cato and Mahaffey: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ACQUIRING LAND ON WHICH TO ERECT A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY.
(R129, 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: AN ACT 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"; BY ADDING ARTICLE 14
(R130, H. 3358 (Word version)) -- Reps. Kirsh and Cotty: AN ACT TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.
(R131, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO PROVIDE THAT A LICENSED FUNERAL DIRECTOR AND LICENSED EMBALMER MUST PROVIDE CERTAIN INFORMATION WHEN FILING A DEATH CERTIFICATE; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO PROVIDE THAT A LICENSED FUNERAL DIRECTOR OR LICENSED EMBALMER MAY NOT CHARGE A FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT A PRENEED FUNERAL CONTRACT AND IS INTENDED TO PAY A BURIAL EXPENSE IF THE ASSIGNMENT IS TO PAY A BURIAL EXPENSE; AND TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO UNPROFESSIONAL CONDUCT, SO AS TO PROVIDE THAT THE BOARD OF FUNERAL SERVICE MAY SUSPEND, REVOKE, REFUSE TO RENEW, OR REFUSE TO ISSUE AN EMBALMER LICENSE OR FUNERAL DIRECTOR LICENSE TO A FUNERAL HOME, EMBALMER, AND SPECIFIC OTHERS WHO CHARGE A FEE FOR THE ASSIGNMENT TO HIM OF AN INSURANCE POLICY THAT IS NOT A PRENEED FUNERAL CONTRACT AND
(R132, H. 3476 (Word version)) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59 TO ENACT THE "AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
(R133, H. 3481 (Word version)) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G.M. Smith and Witherspoon: AN ACT TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, TEST, OR INSPECT FIRE SPRINKLER SYSTEMS, WATER SPRAY SYSTEMS, OR WATER FOAM SYSTEMS IF THIS WORK IS CONDUCTED BY PERSONS UNDER THE CONTROL OR SUPERVISION OF A PERSON WITH A NICET LEVEL III CERTIFICATION AND IF THE PUBLIC INSTITUTION IS RESPONSIBLE FOR ACTS OF THESE EXEMPT EMPLOYEES; TO AMEND SECTION 40-11-170, RELATING TO PAYMENT OF COSTS FOR INVESTIGATIONS AND PROSECUTIONS FOR VIOLATIONS OF CHAPTER 11 OF TITLE 40, REGULATING CONTRACTORS, SO AS TO DELETE THIS PROVISION AND TO PROVIDE THAT NO SUCH COSTS MAY BE ASSESSED; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO UNLAWFUL USE OF THE TERM "LICENSED CONTRACTOR" AND THE UNLAWFUL USE OF A NAME IN CONNECTION WITH CONSTRUCTION ADVERTISING OR ENTERING INTO CONTRACTS TO PERFORM CONSTRUCTION, SO AS TO FURTHER PROVIDE THAT IT IS NOT A VIOLATION IN ADVERTISING IF THE PERSON USES SUBSTANTIALLY THE
(R134, H. 3526 (Word version)) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J.R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW AN EMPLOYER A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR EACH APPRENTICE EMPLOYED IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
(R135, H. 3568 (Word version)) -- Reps. Thompson and Bedingfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR REAL PROPERTY THAT DO NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR THE AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF PROPERTY TAX.
(R136, H. 3569 (Word version)) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F.N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M.A. Pitts, Rice, Sandifer, J.R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA TECHNOLOGY AND COMMUNICATIONS STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING THE STATE'S BROADBAND
(R137, H. 3699 (Word version)) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: AN ACT 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 IF THE MORATORIUM IS LIFTED, A NEW MONUMENT MAY BE PLACED PURSUANT TO THIS ACT IF THE MONUMENT MEETS CERTAIN REQUIREMENTS OF HISTORICAL SIGNIFICANCE OR MARKS A MILESTONE IN STATE HISTORY; AND TO PROVIDE THAT IN ORDER TO PLACE A NEW MONUMENT, A MAJORITY OF THE STATE HOUSE COMMITTEE MUST AGREE TO REVIEW PROPOSALS, A PROPOSAL MUST BE APPROVED BY TWO-THIRDS OF THE STATE HOUSE COMMITTEE, AND THE GENERAL ASSEMBLY MUST ADOPT THE PROPOSAL BY CONCURRENT RESOLUTION.
(R138, H. 3721 (Word version)) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: AN ACT 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; 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 BY ADDING SECTION 44-7-261 SO AS TO PROVIDE THAT LICENSED HEALTH CARE FACILITIES DESIGNATED AS PRIVATELY-OWNED EDUCATION INFIRMARIES MAY BE ESTABLISHED WITHIN THE JURISDICTION OF A LARGER NONMEDICAL INSTITUTION FOR THE DIAGNOSIS, CARE, AND TREATMENT
(R139, H. 3782 (Word version)) -- Reps. Rice, Hiott and Owens: AN ACT TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD TO SIX FOUR-YEAR SEATS, EACH OF WHICH IS ELECTED FROM A SINGLE-MEMBER DISTRICT, TO PROVIDE FOR THE TERMINATIONS OF EXISTING AT-LARGE SEATS, TO PROVIDE THAT THE BOARD ELECT ITS CHAIRMAN, TO PROVIDE FOR A SPECIAL ELECTIONS TO FILL A SEAT VACATED BEFORE THE END OF ITS TERM, AND TO MAKE CONFORMING CHANGES.
(R140, H. 3783 (Word version)) -- Reps. Limehouse, Crawford and Bales: AN ACT TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 12-21-2720, RELATING TO LICENSING OF COIN-OPERATED MACHINES, SO AS TO PROVIDE FOR AN INCREASED FEE ON CLASS TWO MACHINES TO BE USED FOR VIDEO GAMING ENFORCEMENT; AND BY ADDING SECTION 61-2-105 SO AS TO PROVIDE FOR AN INCREASED FEE FOR ALCOHOLIC LIQUOR AND BEER AND WINE LICENSES, TO BE USED TO OFFSET COSTS FOR INSPECTIONS, INVESTIGATIONS, AND ENFORCEMENT.
(R141, H. 3817 (Word version)) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM, PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM, AND
(R142, H. 3820 (Word version)) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WINDSTORM EVENT; BY ADDING SECTION 12-6-3665 SO AS TO PROVIDE FOR THE CALCULATION OF THE TAX CREDIT ALLOWED BY SECTION 12-6-3660; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR EXCESS PREMIUM PAID FOR PROPERTY AND CASUALTY INSURANCE UNDER CERTAIN CIRCUMSTANCES; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE EMERGENCY REGULATIONS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY, TO PROVIDE THAT THE DEPARTMENT BY REGULATION MAY ADOPT ANY PROCEDURE THAT FACILITATES RECOVERY FROM THE EMERGENCY, TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT REGULATIONS STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE
(R143, 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 FEBRUARY 1, 2008, AT WHICH TIME IT IS DISSOLVED.
(R144, H. 3911 (Word version)) -- Reps. Lucas and Neilson: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
(R145, H. 3933 (Word version)) -- Reps. Mitchell, Whipper, Branham, Cotty, Merrill, Loftis, Clyburn, Anderson, J.H. Neal, McLeod, F.N. Smith, Govan, Brantley, Ott, Alexander, Crawford, Bedingfield, Cato, Hosey, Lucas, Knight, Bingham, Agnew, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Ceips, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler,
(R146, H. 4072 (Word version)) -- Rep. Edge: AN ACT TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
(R147, H. 4099 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO OFFICE BASED SURGERY, DESIGNATED AS REGULATION DOCUMENT NUMBER 3079, PURSUANT TO THE
(R148, H. 4111 (Word version)) -- Rep. Hayes: AN ACT TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO ACQUIRE, CONSTRUCT, RENOVATE, REPAIR, FURNISH, AND EQUIP SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO THE PROVISION OF PUBLIC EDUCATION IN DILLON COUNTY BY MEANS OF ACQUISITION AGREEMENTS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIXTY MILLION DOLLARS SUBJECT TO THE APPROVAL OF A SALES AND USE TAX TO BE IMPOSED IN DILLON COUNTY; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO THESE ACQUISITION AGREEMENTS AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; TO AUTHORIZE EACH SCHOOL DISTRICT IN DILLON COUNTY TO ISSUE GENERAL OBLIGATION BONDS WITHIN THE GENERAL OBLIGATION DEBT LIMIT IMPOSED BY SECTION 15, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, OR PURSUANT TO THE FAVORABLE RESULTS OF A REFERENDUM IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS BEFORE JANUARY 1, 2018, TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, AND TO AUTHORIZE THE USE OF THE PROCEEDS OF THESE BONDS TO MAKE PAYMENTS WITH RESPECT TO ACQUISITION AGREEMENTS ENTERED INTO BY THE DILLON COUNTY BOARD OF EDUCATION OR TO DEFRAY THE COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, RENOVATION, REPAIR, FURNISHING, AND EQUIPPING OF SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO PUBLIC EDUCATION BY EACH SCHOOL DISTRICT; AND TO REPEAL ACT 197 OF 2005 RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.
(R149, H. 4136 (Word version)) -- Reps. Lowe and Crawford: AN ACT TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT
(R150, 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. DANTZLER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3808 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Lowe: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF MILLER ROAD IN SUMTER COUNTY FROM ITS INTERSECTION WITH BROAD STREET TO ITS INTERSECTION WITH GUIGNARD DRIVE "T. L. 'LUKE' ROGERS HIGHWAY", AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "T. L. 'LUKE' ROGERS HIGHWAY".
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
H. 4237 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBERT "BOB" BROWN OF SPARTANBURG COUNTY UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN FIFTY YEARS AS A CATTLE AUCTIONEER, AND TO EXTEND BEST WISHES FOR MANY YEARS OF HEALTH AND HAPPINESS TO COME.
H. 4242 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF GASTON ON THE OCCASION OF THE TWENTY-FIFTH ANNIVERSARY OF THE GASTON COLLARD FESTIVAL AND TO WISH ITS RESIDENTS MUCH SUCCESS IN ALL THEIR FUTURE CELEBRATIONS.
H. 4247 (Word version) -- Reps. Neilson and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MIDDENDORF BAPTIST CHURCH OF CHESTERFIELD COUNTY ON THE CELEBRATION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO WELCOME TO SOUTH CAROLINA AND TO THIS CELEBRATION AMBASSADOR J. W. MIDDENDORF, JR., WHOSE FAMILY'S KINDNESS AND GENEROSITY WERE
H. 4259 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY LOUISE PARHAM, DILLON COUNTY TREASURER, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
At 5:00 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of James H. Schultz, Jr., of Irmo, and in accordance with S. 787, the Sine Die Adjournment Resolution, to meet at 12:00 noon in Statewide Session Tuesday, June 19th.
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