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 1 Kings 10:23: "King Solomon was greater in riches and wisdom than all the kings of the earth."
Let us pray. Lord, help us to seek and use the gift of wisdom as we face the challenges set before us this Session. Give these men and women adequate knowledge and the insight to be compassionate. May we use common sense to work together for the good of this State. Bless our Nation, President, Governor, State, Speaker, and this Honorable Assembly as we do Your will. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MAHAFFEY moved that when the House adjourns, it adjourn in memory of Sergeant Shawn Hill, of Wellford, who was killed in the line of duty, which was agreed to.
The House stood in silent prayer for the family of Sergeant Shawn Hill of the 178 Engineering Battalion of the South Carolina National Guard, who was killed in the line of duty.
The House stood in silent prayer for Representative James E. Smith, Jr., who is serving in Afghanistan and all who are serving their country.
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of Probate Judges the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 5, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Tiffany N. Provence, Judge
Dorchester County Probate Court
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Electric Cooperatives of SC the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 5, 2008, from 6:00 p.m. until 8:00 p.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Mike Couick
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the One Voice One Plan Critical Needs Nursing Initiative the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 6, 2008, from 7:30 a.m. until 9:00 a.m. at the Clarion Town House Hotel.
Sincerely,
J. Thornton Kirby
President & CEO
SC Hospital Assoc.
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina School for the Deaf and the Blind the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 6, 2008, from 12:00 noon until 2:00 p.m. in Room 112 of the Blatt Building.
Sincerely,
Sheila S. Breitweiser, Ed.D.
President
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Nonprofit Organizations the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 6, 2008, from 12:30 p.m. until 2:00 p.m. at The Hilton.
Sincerely,
Mason Hardy
Executive Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Construction Industry Association, Carolinas AGC the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 6, 2008, from 6:00 p.m. until 8:00 p.m. at the Koger Center for the Arts.
Sincerely,
Stephen P. Gennett
President and CEO
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Myrtle Beach Area Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 6, 2008, from 6:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Brad Dean
President & CEO
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC REALTORS the Members of the House of Representatives are invited to a dinner. This event will be held on Tuesday, February 5, 2008, from 6:00 p.m. until 7:30 p.m. at the Marriott Hotel.
Sincerely,
Nick E. Kremydas, Esq., RCE
Chief Executive Officer
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Arts Alliance the Members of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, February 12, 2008, beginning at 1:00 p.m. or upon adjournment at the Capital City Club.
Sincerely,
Betty J. Plumb
Executive Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Supreme Court Justices, the Court of Appeals, the Circuit Court Judges, the Family Court Judges and the Masters-In-Equity of SC the Members of the House of Representatives are invited to an "Old Fashioned Barbecue". This event will be held on Tuesday, February 12, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Judge Paul M. Burch
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the March of Dimes Foundation, SC Chapter the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 13, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Jessica Mullen, MSW
Director of Program Services
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Athletic Trainers Association the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 13, 2008, from 12:00 noon or upon adjournment in Room 221 of the Blatt Building.
Sincerely,
Jerry Shadbolt, M.Ed., ATC
President
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Credit Union League the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 13, 2008, from 6:30 p.m. until 8:00 p.m. at Seawell's.
Sincerely,
Garry L. Parks
President/CEO
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Counties the Members and attaches of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 13, 2008, from 6:00 p.m. until 7:30 p.m. at the Embassy Suites Hotel.
Sincerely,
Michael B. Cone
Executive Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the American Heart Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 14, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Lisa P. Turner
Director of Advocacy
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Association of Conservation Districts the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 19, 2008, from 6:00 p.m. until 8:30 p.m. at Seawell's.
Sincerely,
Mary Hill
Executive Director
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Will Lou Gray Opportunity School the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 20, 2008, from 12:00 noon until 2:00 p.m. in Room 112 of the Blatt Building.
Sincerely,
Pat G. Smith
Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Municipal Association of SC the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 20, 2008, from 6:00 p.m. until 7:00 p.m. at the Columbia Marriott Hotel, Capital Ballroom.
Sincerely,
Ken Ivey
Conference Manager
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Nursery & Landscape Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 21, 2008, from 8:00 a.m. until 9:30 a.m. in Room 112 of the Blatt Building.
Sincerely,
Donna Foster
Executive Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Hospital Association the Members and attaches of the House of Representatives are invited to a Low Country Stew Reception. This event will be held on Tuesday, February 26, 2008, beginning at 6:00 p.m. at the Clarion Town House Hotel.
Sincerely,
J. Thornton Kirby
President & CEO
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the ETV Endowment of SC the Members and staff of the House of Representatives are invited to a Shrimp and Grits Breakfast. This event will be held on Wednesday, February 27, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
William Barnet III
President
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC Child Care Association the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 27, 2008, from 12:00 noon until 2:00 p.m. in Room 112 of the Blatt Building.
Sincerely,
Karen C. Boyce
Executive Director
May 17, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Petroleum Marketers Association the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 27, 2008, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
June E. Harley
Office Manager
October 1, 2007
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the SC School Counselor Association the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 28, 2008, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Kitty C. Henderson
Government Relations and Advocacy Committee Chair
The following were received and referred to the appropriate committees for consideration:
Document No. 3139
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140
Ice
Received by Speaker of the House of Representatives
January 9, 2008
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 8, 2008
Document No. 3138
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-31-210, and 59-31-360
Free Textbooks
Received by Speaker of the House of Representatives
January 9, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration May 8, 2008
Document No. 3113
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-96-10, et seq.
Solid Waste Management
Received by Speaker of the House of Representatives
April 17, 2007
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration March 16, 2008
Revised: March 26, 2008
Rep. W. D. SMITH, from the Spartanburg Delegation, submitted a favorable report on:
H. 4403 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO DESIGNATE THE SITE OF THE BOILING SPRINGS GEYSER IN SPARTANBURG COUNTY AS A STATE HISTORIC SITE.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4426 (Word version) -- Reps. G. Brown, Weeks, G. M. Smith, Lowe and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD UNITED STATES HIGHWAY 521 (S-43-1342) FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E. H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J. R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G. M. Smith, G. R. Smith, Talley and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11 OF TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT SO AS TO REQUIRE A PUBLIC EMPLOYER AND A CONTRACTOR DOING BUSINESS WITH A PUBLIC EMPLOYER TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF NEW EMPLOYEES, WITH ALTERNATIVE MEASURES TO BE FOLLOWED BY A CONTRACTOR, TO DESCRIBE COMPLIANCE, TO PROHIBIT LOCAL LAWS FROM LIMITING ENFORCEMENT, AND TO PROVIDE FOR FORMS, REGULATIONS, AND RULES; BY ADDING SECTION 23-52-10 SO AS TO PROVIDE THAT THE APPROPRIATE OFFICIAL UNDERTAKE TO DETERMINE THE LAWFUL PRESENCE IN THE UNITED STATES OF A PERSON CHARGED WITH A CRIMINAL OFFENSE AND CONFINED IN A JAIL AND TO PROVIDE THE PROCESS OF VERIFICATION AND REPORTING, AS WELL AS FOR RECOUPING EXPENSES OF THE CONFINEMENT; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO ENACT THE "REGISTRATION OF IMMIGRATION ASSISTANCE ACT", PRESCRIBING THE ACTS THAT MAY BE PERFORMED BY AN IMMIGRATION ASSISTANCE SERVICE, REQUIRING A PERSON PERFORMING THOSE ACTS TO BE LICENSED, REQUIRING THE POSTING OF CERTAIN CONSPICUOUS DISCLAIMERS, PROHIBITING THE PERFORMANCE OF CERTAIN ACTS, EXEMPTING CERTAIN PERSONS FROM THESE RESTRICTIONS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 11 TO CHAPTER 5 OF TITLE 43 SO AS TO REQUIRE ALL STATE AND LOCAL AGENCIES PROVIDING PUBLIC BENEFITS VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF A NATURAL PERSON EIGHTEEN YEARS OLD OR OLDER WHO APPLIES FOR STATE OR LOCAL BENEFITS OR FEDERAL BENEFITS ADMINISTERED BY THE STATE, PROVIDING EXCEPTIONS, PROVIDING FOR AN AFFIDAVIT OF ELIGIBILITY AND CRIMINAL PENALTIES FOR A FALSE AND FRAUDULENT AFFIDAVIT, FOR RESTITUTION OF IMPROPERLY RECEIVED BENEFITS, FOR A CIVIL CAUSE OF ACTION AND JOINT AND SEVERAL LIABILITY; BY ADDING SECTION 6-1-170 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM LIMITING OR INCREASING THE POWER OF LOCAL OFFICIALS TO ENFORCE STATE IMMIGRATION LAWS; BY ADDING SECTION 12-6-3595 SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE A YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; BY ADDING SECTION 16-9-460 SO AS TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, AND TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED; BY ADDING SECTION 16-13-525 SO AS TO REQUIRE A PERSON WHO USES FINANCIAL IDENTITY FRAUD INVOLVING THE CREATION OF DOCUMENTS PURPORTING TO AUTHORIZE EMPLOYMENT IN THE UNITED STATES TO DISGORGE ANY BENEFIT HE RECEIVES AND TO PROVIDE FOR CRIMINAL PENALTIES AND INDIVIDUAL CIVIL REMEDIES; BY ADDING SECTION 16-23-530 SO AS TO MAKE IT A CRIME TO OWN, POSSESS, TRANSFER, MAKE, DISPOSE OF, RENT, BUY, OR OTHERWISE TRANSACT AN ACTIVITY INVOLVING A FIREARM IN THIS STATE IF THE PERSON IS NOT LAWFULLY PRESENT IN THIS STATE; BY ADDING SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTIONS AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE DESIGNATION OF STATE AND LOCAL OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM, TO STIPULATE FUNDING FOR THE TRAINING, AND TO PROVIDE FOR CERTIFICATION OF TRAINING TO ENFORCE FEDERAL IMMIGRATION LAWS; BY ADDING SECTION 41-1-30 SO AS TO PROVIDE FOR A CIVIL CAUSE OF ACTION BY A PERSON WHO IS TERMINATED FOR THE PURPOSE OF BEING REPLACED BY A WORKER WHO IS NOT AUTHORIZED TO WORK IN THE UNITED STATES; BY ADDING SECTION 59-101-430 SO AS TO PROHIBIT A PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ATTENDING OR RECEIVING ANY BENEFIT OF RESIDENCE; BY AMENDING SECTION 1-31-40, RELATING TO THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO PROVIDE FOR A TOLL FREE TELEPHONE NUMBER, ELECTRONIC WEBSITE, AND TRACKING DATABASES FOR RECEIVING AND REPORTING VIOLATIONS OF LAWS OR REGULATIONS BY A NONUNITED STATES CITIZEN OR IMMIGRANT; BY AMENDING SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE THE OFFENSES OF FALSIFICATION OF DOCUMENTS, IDENTITY FRAUD, FRAUDULENT AFFIDAVITS, AND OTHER SPECIFIED ACTS UNDERTAKEN IN A FRAUDULENT ATTEMPT TO DEMONSTRATE LAWFUL PRESENCE IN THE UNITED STATES; AND BY AMENDING SECTION 17-15-30, AS AMENDED, RELATING TO DETERMINATION BY THE COURT OF RELEASE ON BAIL, SO AS TO PROVIDE THAT THE COURT SHALL CONSIDER IF THE ACCUSED IS AN ILLEGAL ALIEN AND IF THAT STATUS POSES A SUBSTANTIAL FLIGHT RISK.
Referred to Committee on Judiciary
H. 4437 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.
Referred to Committee on Judiciary
H. 4438 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.
Referred to Committee on Judiciary
The following was introduced:
H. 4434 (Word version) -- Reps. Harvin, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 JOIN THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN THEIR PROFOUND SADNESS AT THE LOSS OF THE DISTINGUISHED GOVERNOR ROBERT EVANDER MCNAIR, A STATESMAN AND GENTLEMAN WHOSE INTEGRITY DURING TURBULENT TIMES WROUGHT A NEW DAY FOR THIS STATE AND ITS PEOPLE.
Whereas, among South Carolina's greatest statesmen was the late Robert Evander McNair, Governor of South Carolina; and
Whereas, the Honorable Robert Evander McNair, Governor of the State of South Carolina from 1965 until 1971, died Saturday, November 17, 2007, in Charleston; and
Whereas, the only child of his proud parents, Daniel Evander McNair and Claudia Crawford, Governor McNair was born on December 14, 1923, in Cades, South Carolina; and
Whereas, a graduate of Macedonia High School in Bonneau, he attended Clemson College for one semester before enrolling at the University of South Carolina; and
Whereas, interrupting his college education to serve his country during World War II, Governor McNair was commissioned an Ensign in the United States Naval Reserve in 1943, after completing officer's training school at Northwestern University; and
Whereas, before becoming deployed on active duty, he married his best friend and loving companion, Sarah Josephine Robinson of Allendale, South Carolina, on May 30, 1944; and
Whereas, a steadfast, heroic officer, Governor McNair was awarded the Bronze Star Medal for meritorious service in connection with operations against the enemy while serving as Commanding Officer of LCT 1072 in Leyte Gulf as part of the Asiatic-Pacific campaign. Serving in the Pacific Theatre for twenty-two months with the Seventh Amphibious Forces, he was released from active duty on March 9, 1946, and was discharged from the United States Naval Reserve as a Lieutenant junior grade on October 15, 1954; and
Whereas, Governor McNair returned to the University of South Carolina upon discharge from the Navy. There, he earned both Bachelor of Arts and Bachelor of Laws degrees, was a member of Kappa Sigma, Phi Delta Phi, Kappa Sigma Kappa, and Beaux Arts, and served as President of the Blue Key national honorary service fraternity; and
Whereas, admitted to the South Carolina Bar in 1948, Governor McNair opened his first law practice with Marion Fenton Winter in Moncks Corner, where he also helped operate his family's farm outside of Jamestown. Later that year, he and Josephine moved to Allendale, where he formed a law partnership with Thomas O. Lawton, Jr.; and
Whereas, inspired by his own father and possessing a true heart for public service, Governor McNair was an unsuccessful candidate for the South Carolina House of Representatives in 1946 before becoming elected to the General Assembly in 1950, where he ably served his constituents of Allendale County from 1951 until 1962; and
Whereas, during his illustrious career in the House of Representatives, Governor McNair was a member of the committees on Labor, Commerce, and Industry, which he chaired from 1953 until 1954, Judiciary, which he chaired from 1955 until 1962, and Rules. As a legislator, he strongly supported and worked for improvements in South Carolina's education system; and
Whereas, elected Lieutenant Governor of South Carolina on November 6, 1962, Governor McNair served in that capacity during the Ninety-fifth and Ninety-sixth General Assemblies before becoming Governor on April 22, 1965, upon the resignation of Governor Donald S. Russell. He was reelected to a full term of office on November 8, 1966, and served as Governor until January 19, 1971; and
Whereas, earning recognition for South Carolina on a national level, Governor McNair was a member of the Executive and Steering Committees and Chairman of the Education Commission of the States; Chairman of the Southern Regional Education Board; Vice Chairman and Chairman of the Southern Governors Conference; member of the Executive Committee and Chairman of the National Democratic Governors Conference; and member of the Committee on Assessing Progress of Education, as well as the National Committee for Support of Public Schools; and
Whereas, possessing a keen vision of a global economy, Governor McNair successfully positioned South Carolina to compete with other states in providing jobs, thereby expanding the financial stability of this State. Working with numerous foreign businesses, he led many foreign trade missions that resulted in the growth of foreign-owned industries in South Carolina; and
Whereas, Governor McNair's desire to provide South Carolinians with a better quality of life inspired many of his objectives within the General Assembly. In 1966, he sponsored a Conference for the Arts, which led to the creation of the State Arts Commission, and commissioned a study on South Carolina's tourism potential, which led to the merging of three state agencies into the Department of Parks, Recreation and Tourism; and
Whereas, serving as Governor through one of the state's most turbulent times, Governor McNair rose from the tragedy of the Orangeburg Massacre to establish a Civil Rights Task Force, whose mission was to work for racial unity through the organization of bi-racial committees whose single goal was to resolve divisive issues through improved communication; and
Whereas, a champion of quality public education for all citizens, Governor McNair publicly urged the immediate acceptance of court-ordered integration in Greenville and Darlington counties in 1970. His exceptional leadership made peaceful integration of all South Carolina school districts possible; and
Whereas, upon the expiration of his term as Governor in 1971, Governor McNair formed a law firm with James S. Konduros and O. Wayne Corley. He served as Chairman of McNair Law Firm P.A. until his death, taking great personal interest and pride in every individual associated with the firm; and
Whereas, Governor McNair served as a founding member and Chairman of the South Carolina Educational Television Endowment and was instrumental in establishing the Employees Benefit Service Corporation of the South Carolina Deferred Compensation Commission; and
Whereas, in 1981, the State Capitol Complex in Columbia, which was conceived and planned during his administration, was dedicated to him by the State of South Carolina in recognition of and appreciation for his long service to the State. In February of 2004, he was inducted into the South Carolina Hall of Fame; and
Whereas, a caring and devoted family man, Governor McNair and Josephine shared a loving marriage for sixty-three years. Together, they had four beloved children, Robert E. McNair, Jr., Robin Lee Howell, Corinne Calhoun Godshall, and Claudia Crawford McNair, and adored their six grandchildren, Jon Craig Howell, Jr., Jodi Lee Howell Dowdy, Robert E. McNair III, Coleman Thomas Parks, Jr., William Thomas McNair, and Josephine Dixon Godshall, and great-granddaughter, Shalee Christine Dowdy; and
Whereas, the members of the General Assembly of the State of South Carolina pause in their deliberations to celebrate the life and legacy of the late Governor Robert Evander McNair and to express their profound gratitude for his years of public service and for his unfaltering commitment and loyalty to the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, join the citizens of the State of South Carolina in their profound sadness at the loss of the distinguished Governor Robert Evander McNair, a statesman and gentleman whose integrity during turbulent times wrought a new day for this State and its people.
Be it further resolved that a copy of this resolution be forwarded to the family of the late Governor Robert Evander McNair and to the McNair Law Firm.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4435 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, 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 AND HONOR JACK D. MOBLEY FOR HIS INVALUABLE SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT AS VICE PRESIDENT WITH LPA GROUP TRANSPORTATION CONSULTANTS AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
On motion of Rep. WALKER, with unanimous consent, the following was taken up for immediate consideration:
H. 4436 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO DESIGNATE JANUARY 2008 AS SOUTH CAROLINA SCHOOL BOARD MEMBER RECOGNITION MONTH TO HONOR SCHOOL BOARD MEMBERS FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING PUBLIC EDUCATION FOR ALL SOUTH CAROLINA SCHOOLCHILDREN.
Whereas, the education of South Carolina's school-aged children is the foundation upon which the economic, social, and intellectual capital of our state is built; and
Whereas, locally elected and appointed school boards play an important and vital role in a representative democracy, and decisions made by local boards of education directly influence instruction in South Carolina's public schools; and
Whereas, these decisions affect the present and future lives of children, and also set direction to prepare all students to be competitive in a local, state, national and global knowledge economy; and
Whereas, local school board members work with parents, businesses, education professionals, and other community members to create the educational vision we want for our students; and
Whereas, this year's theme "School Boards: Leading Voices For South Carolina Public Schools" reflects the efforts of local school board members to advocate for public education with local, state, and federal leaders; and
Whereas, School Board Appreciation Month provides an opportunity to build stronger relationships between the thousands of South Carolinians who champion the mission of public education and school board members. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate January 2008 as South Carolina School Board Member Recognition Month to honor school board members for their exceptional commitment to improving public education for all South Carolina schoolchildren.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina School Boards Association.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 942 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A CONCURRENT RESOLUTION TO COMMEND MR. RAYMOND S. CAUGHMAN OF LEXINGTON, ONE OF SOUTH CAROLINA'S MOST RESPECTED BUSINESS, CIVIC, EDUCATIONAL, AND CHURCH LEADERS, UPON HIS RECEIPT OF THE FIRST "HEART OF LEXINGTON ONE" AWARD PRESENTED BY THE LEXINGTON SCHOOL DISTRICT ONE EDUCATIONAL FOUNDATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 943 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY PRIVATE ALGERNON ADAMS OF THE SOUTH CAROLINA NATIONAL GUARD WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ AND TO EXPRESS TO HIS WIDOW, PARENTS, AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 944 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SERGEANT STEPHEN G. HIGH OF THE SOUTH CAROLINA AIR NATIONAL GUARD, WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN AND TO EXPRESS TO HIS PARENTS AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 945 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST CHRYSTAL G. STOUT OF THE SOUTH CAROLINA AIR NATIONAL GUARD, WHILE SHE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN AND TO EXPRESS TO HER FATHER AND TO HER SISTER THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HER LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 946 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY FIRST LIEUTENANT ANDREW C. SHIELDS OF THE SOUTH CAROLINA NATIONAL GUARD WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ AND TO EXPRESS TO HIS PARENTS AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 947 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY CHIEF WARRANT OFFICER PATRICK D. LEACH OF THE SOUTH CAROLINA NATIONAL GUARD WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ AND TO EXPRESS TO HIS WIDOW, CHILDREN, AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 948 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY STAFF SERGEANT JEROME LEMON OF THE SOUTH CAROLINA NATIONAL GUARD, WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ AND TO EXPRESS TO HIS WIDOW, CHILDREN, FAMILY, AND FRIENDS THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 960 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL FOR BEING SELECTED BY U.S. NEWS AND WORLD REPORT AS ONE OF AMERICA'S BEST HIGH SCHOOLS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 961 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING ACADEMIC MAGNET HIGH SCHOOL IN NORTH CHARLESTON FOR BEING SELECTED BY U.S. NEWS AND WORLD REPORT AS TWENTY-SEVENTH IN AMERICA'S TOP ONE HUNDRED HIGH SCHOOLS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 962 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON COUNTY SCHOOL OF THE ARTS FOR BEING SELECTED BY U.S. NEWS AND WORLD REPORT AS ONE OF AMERICA'S BEST HIGH SCHOOLS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cooper Cotty Dantzler Delleney Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, January 9.
Dwight Loftis Phillip D. Owens Jackson "Seth" Whipper Kenny Bingham Ted Vick Harry Ott Kris Crawford Chris Hart James E. Stewart Ralph Davenport David Mack Bakari Sellers Todd Rutherford Denny Neilson Creighton Coleman Cobb-Hunter
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Richard A. Schmitt of Myrtle Beach was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3006 (Word version)
Date: ADD:
01/09/08 BOWEN
Bill Number: H. 4391 (Word version)
Date: ADD:
01/09/08 MULVANEY
Bill Number: H. 4309 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4317 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4339 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4346 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4347 (Word version)
Date: ADD:
01/09/08 BATTLE
Bill Number: H. 4347 (Word version)
Date: ADD:
01/09/08 FUNDERBURK
Bill Number: H. 4347 (Word version)
Date: ADD:
01/09/08 MCLEOD
Bill Number: H. 4348 (Word version)
Date: ADD:
01/09/08 BATTLE
Bill Number: H. 4346 (Word version)
Date: ADD:
01/09/08 MAHAFFEY
Bill Number: H. 4355 (Word version)
Date: ADD:
01/09/08 MAHAFFEY
Bill Number: H. 4356 (Word version)
Date: ADD:
01/09/08 MAHAFFEY
Bill Number: H. 4356 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4394 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4396 (Word version)
Date: ADD:
01/09/08 WALKER
Bill Number: H. 4396 (Word version)
Date: ADD:
01/09/08 MAHAFFEY
Bill Number: H. 4355 (Word version)
Date: ADD:
01/09/08 BATTLE
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. 826 (Word version) -- Senators Moore, Setzler and Ryberg: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, SO AS TO PROVIDE THAT THE PETITION FILING DEADLINE FOR SCHOOL BOARD CANDIDATES FOR THE AIKEN COUNTY BOARD OF EDUCATION MUST BE CONSISTENT WITH THE UNIFORM STATEWIDE FILING DEADLINE FOR PETITION CANDIDATES PROVIDED FOR IN SECTION 7-13-351, AND TO PROVIDE THAT CANDIDATES QUALIFYING BY A STATEMENT OF CANDIDACY MUST CONFORM TO THE UNIFORM STATEWIDE FILING DEADLINE SET FORTH IN SECTION 7-13-352.
The following Bill was taken up:
S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.
Reps. G. M. SMITH, WEEKS and LOWE proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27036BB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Effective July 1, 2011, Sumter County shall consist of one school district to be known as the Sumter School District.
(B) The present school Districts 2 and 17 of the county must be abolished on July 1, 2011, and the powers and duties of the respective boards of trustees of each district devolved upon the board of trustees for the school district except as established in this act.
SECTION 2. (A) The school district must be governed by a board of trustees of seven members, one of whom must be elected from each district from which members of the Sumter County Council are elected. The members of the board must be elected in nonpartisan elections to be held beginning in 2010. A member of the board must be a resident of the school district and the election district from which he is elected. The members of the board shall elect a chairman and other officers they consider necessary to serve for terms of one year in these capacities. The 2010 nonpartisan election must be held at the same time as the general election. After the 2010 election, members of the board must be elected at nonpartisan elections conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 2012. Members of the board must be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of the board elected in 2010, the members elected from election districts 1, 2, 3, and 4 shall serve for initial terms to expire in November 2014, when their successors elected at the 2014 election qualify and take office, and the members elected from election districts 5, 6, and 7 shall serve for initial terms to expire in November 2012, when their successors elected at the 2012 election qualify and take office. In the event of a vacancy on the board occurring for a reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the Governor. All members of the board shall serve until their successors are elected and qualify. The Sumter Registration and Election Commission shall conduct and supervise the elections for members of the board in the manner as for the election of the Sumter County Council, subject to the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
(B) The school board shall select and appoint a superintendent to serve as superintendent of the school district. The superintendent is the chief operating officer of the district and is responsible to the board for the proper administration of all affairs of the district and subject to all other provisions of law relating to his duties. He shall:
(1) appoint and, when necessary for the good of the district, remove an appointive officer or employee of the district and fix the salaries of these officers and employees, unless otherwise provided by law and except as he may authorize the head of a department or office to appoint and remove subordinates in the department or office;
(2) prepare the budget annually, submit it to the board, and be responsible for its administration after adoption;
(3) prepare and submit to the board at the end of each fiscal year a complete annual report on the finances and administrative activities of the board for the preceding year and make other financial reports from time to time as may be required by the board or by law;
(4) keep the board advised of the financial condition and future needs of the district and make recommendations as he considers desirable;
(5) perform other duties as may be prescribed by law or required of him by the board not inconsistent with a provision of law; and
(6) centralize all administrative functions including, but not limited to, human resources, accounting, procurement, transportation, school bus services, and maintenance.
(C) The board and the newly appointed superintendent shall select and appoint an assistant superintendent for programs and policy whose duties include overseeing curriculum and making recommendations for program changes.
SECTION 3. (A) Budget authority is hereby vested in the school district except that, if the board of trustees of the school district deems it necessary to increase its taxes, the County Council shall, by a majority vote, approve the increase before it is levied. The district must submit the budget it has approved to the County Council for consideration prior to May 20 of each year for the succeeding budget year.
(B) The board shall hold a public hearing before its final approval of the budget for the district. Notice of these public hearings must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of determining the previous year's millage of the district upon its creation, the millage levy for the district must be determined and calculated by the Department of Revenue based on the 2010 levy of Districts 2 and 17 and the value of a mill in each district. Beginning in 2011, the amount levied by the district by way of millage is subject to millage limitations provided by general law and local law, and beginning in 2011, any increase over the 2010 millage as computed above must be approved by the governing body of Sumter County.
SECTION 4. The board of trustees of the district has the powers, duties, and responsibilities as are provided by law including the authority to:
(1) establish other administrative departments upon the recommendation of the superintendent;
(2) adopt the proposed budget of the school district;
(3) have the power to inquire into the conduct of an office, department, or agency of the school district;
(4) adopt and modify attendance zones of schools within the school district;
(5) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business;
(6) cooperate to establish and maintain a central purchasing system for the purchase of contractual services, equipment, and supplies;
(7) cooperate to establish and maintain educational consortia; and
(8) be responsible for policymaking action and the review of regulations established to put these policies into operation.
SECTION 5. (A) On July 1, 2011, the assets and liabilities of the present school Districts 2 and 17 must be transferred to the district. The records and employees of those present school districts must be transferred to and, if applicable, assumed by the school district. Entities that are jointly owned or operated between Districts 2 and 17 also become property of the school district.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to the district is to be computed according to the law of this State and based on the assessed value of all taxable property in the district minus that bonded indebtedness of each of the present school districts made a part of the district that was includable against the constitutional debt limit of those present school districts.
SECTION 6. In creating the district, it is anticipated that there will be savings in the total district level administrative costs from the former individual districts; therefore, district level administrative costs in the district must be less than the combined district level administrative costs of both districts by July 1, 2012. Administrative costs shall be those defined in the State Department of Education financial analysis model.
SECTION 7. (A) The present school Districts 2 and 17 of Sumter County are abolished on July 1, 2011, at which time the school district must be established as provided in this act. The terms of all members of the boards of trustees of the two present school districts of the county expire on this date. However, the members of the board of trustees of the school district elected at the 2010 nonpartisan election shall take office one week following certification of their elections as provided in Section 59-19-315 of the 1976 Code. From this date and until July 1, 2011, the board may organize, begin planning for the changeover to the district, enter into contracts to effectuate these purposes, and perform other related matters pertaining to it, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for the two present districts until July 1, 2011, and the board may not interfere with this authority.
(B) Funding for the activities of the board from the date the members assume office until July 1, 2011, shall be provided by the county council from the millage levy for school operations.
(C) A member of one of the present school boards of Districts 2 and 17 may seek election to the school district board in 2010. However, if he is elected to that office, before assuming the duties of that board, he must first resign as a member of his present board. In this event and notwithstanding another provision of law, the vacancy on the present board he is vacating must be filled for the remainder of the unexpired term by appointment by the Governor.
SECTION 8. (A) There shall be created within thirty days of the effective date of this act the Sumter Consolidation Transition Committee whose purpose is to coordinate the consolidation of Districts 2 and 17 into the Sumter School District. The committee is composed of the following:
(1) three members of the District 2 Board, or their designees, appointed by the District 2 Board;
(2) three members of the District 17 Board, or their designees, appointed by the District 17 Board;
(3) three members of the City Council, or their designees, appointed by the City Council;
(4) three members of the County Council, or their designees, appointed by the County Council; and
(5) thirteen members appointed by the Sumter County Legislative Delegation, with consideration given to geographic, economic, and demographic segments of the community.
(B) Appointments by the school boards, City Council, and County Council must be submitted to the Sumter County Legislative Delegation within thirty days of the act being signed by the Governor. The Sumter County Legislative Delegation shall designate two chairmen from among the thirteen members appointed by the Sumter County Legislative Delegation. A vacancy on the committee must be filled for the unexpired term through appointment by the group that appointed the committee member whose departure from the committee created the vacancy.
(C) the committee may organize, begin planning for the changeover to the district, enter into contracts to effectuate these purposes, and perform other related matters pertaining to it.
(D) By no later than May 1 of each year, the Sumter Consolidation Transition Committee shall prepare a budget to be submitted to the Sumter County Legislative Delegation. When approved by the Delegation, the budget must be funded by the school districts, each paying half, from funds provided by the districts from their respective budgets. County Council may increase the budgets to meet these requirements.
(E) The committee shall be insured and indemnified in the same manner as school Districts 2 and 17 are insured and indemnified.
(F) Members of the committee shall receive per diem allowed by law for members of state boards, committees, or commissions, but are not entitled to mileage and subsistence.
(G) The committee must be abolished when the members of the board are elected at the 2010 election, qualify for office, and take office.
(H) Beginning with the 2008-2009 school year, the committee may make recommendations to each present board concerning attendance zones for a school in the county without being constrained by existing district lines and each board shall consider the recommendations of the committee in determining attendance at schools in the county without being constrained by existing district lines, as defined by Act 155 of 2007. In the event a board creates a new attendance zone that encompasses portions of Districts 2 and 17, a person residing in the new attendance zone may attend a school within that attendance zone without regard to whether the school is located in the district in which the person resides. A school in District 2 or 17 may not bear a financial impact or impose a financial charge if a person attends a school within a new attendance zone but not in the district in which he resides.
SECTION 9. Any local act pertaining to a school district of Sumter County inconsistent with the provisions of this act is repealed as of July 1, 2011, because the General Assembly's intent is to have this act and the general law constitute the only provisions of law governing the school district of the county.
SECTION 10. If a provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, the holding will not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act and each and every provision herein irrespective of the fact that a provision of this act may be declared unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted by a division vote of 4 to 3.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CLEMMONS moved to reconsider the vote whereby the following Bill was given a second reading:
S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.
Rep. G. M. SMITH moved to table the motion to reconsider, which was agreed to by a division vote of 10 to 3.
The motion period was dispensed with on motion of Rep. SCARBOROUGH.
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, Whipper and Bowen: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18874MM07), which was adopted:
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 pedals, operated by one or more persons, and having two or more wheels, except children's tricycles."
SECTION 4. Article 27, Chapter 5, Title 56 of the 1976 Code is amended to read:
"Article 27
Bicyclists and Users of Play Vehicles; Rights and Duties Thereof
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 a 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.
The amendment was then adopted.
Reps. E. H. PITTS, BEDINGFIELD, MULVANEY and SKELTON proposed the following Amendment No. 3 (Doc Name COUNCIL\MS\7468AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 56-5-3510, as contained in SECTION 4, page 3006-4, lines 24 through 26.
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Harrell Harrison Hart Harvin Haskins Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moss Mulvaney J. H. Neal Ott Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Weeks White Williams Witherspoon Young
So, the House refused to table the amendment.
The amendment was then adopted.
Reps. E. H. PITTS, BEDINGFIELD, MULVANEY and SKELTON proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7471AHB08), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 56-5-3423(A), as contained in SECTION 4, page 3006-2, lines 32 through 36, and inserting:
/ (A) Whenever a bicycle lane has been provided adjacent to a roadway, operators of:
(1) 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; and
(2) bicycles are required to ride in the bicycle lane except when necessary to pass another person riding a bicycle or to avoid an obstruction in the bicycle lane. However, the provisions of this item may not be construed to restrict operators of bicycles from riding on the roadway when there is an adjacent recreational bicycle path available rather than a bicycle lane. /
Renumber sections to conform.
Amend title to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cooper Cotty Crawford Dantzler Davenport Delleney Edge Erickson Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Herbkersman Hiott Hodges Hosey Huggins Hutson Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Ott Parks Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Walker Weeks Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
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 Bill.
The COMMITTEE OF CONFERENCE, to whom was referred: (House Doc. No. P:\COUNCIL\ AGM\18887MM07.DOC)
S. 282 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825, RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS
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. The General Assembly finds that:
(1) it adopted a modified version of the 1979 ABA Model Procurement Code for State and Local Governments when it enacted 1981 Act No. 148. Since then, the ABA has revised its recommended model by adopting the 2000 ABA Model Procurement Code for State and Local Governments, which it developed in cooperation with, among others, the National Association of State Procurement Officials, the National Institute of Governmental Purchasing, the American Consulting Engineers Council, the Design Professionals Coalition, the Council on the Federal Procurement of A/E Services, the Engineers Joint Contracts Document Committee, and the National Society of Professional Engineers. One of the primary goals of the revision project was to encourage the competitive use of new forms of project delivery in public construction procurement; and
(2) it is the intent of the General Assembly to facilitate the use of these alternate forms of project delivery by adopting, as modified herein, those portions of the new model code related to Article 5 (Procurement of Infrastructure Facilities and Services) of the model code. To that end, the relevant official comments to the model code, and the construction given to the model code, should be examined as persuasive authority for interpreting and construing the new code provisions created by this act.
SECTION 2. Subarticle 3, Article 9, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3005. (1) The following project delivery methods are authorized for procurements relating to infrastructure facilities:
(a) design-bid-build;
(b) construction management at-risk;
(c) operations and maintenance;
(d) design-build;
(e) design-build-operate-maintain; and
(f) design-build-finance-operate-maintain.
(2) In addition to those methods identified in item (1), the board, by regulation, and the State Engineer, in accordance with Section 11-35-3010, may:
(a) approve as an alternative project delivery method any combination of design, construction, finance, and services for operations and maintenance of an infrastructure facility; and
(b) allow or require the governmental body to follow any of the additional procedures established by Section 11-35-3025.
(3) Participation in a report or study that is later used in the preparation of design requirements for a project does not disqualify a firm from participating as a member of a proposing team in a construction management at-risk, design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation provides the business with a substantial competitive advantage. In the Manual for Planning and Execution of State Permanent Improvements, the State Engineer may establish guidance for the application of this item by governmental bodies."
SECTION 3. Subarticle 3, Article 9, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3015. (1) Scope. This section specifies the source selection methods applicable to procurements for the project delivery methods identified in Section 11-35-3005 (Project delivery methods authorized), except as provided in Section 11-35-1550 (Small Purchases), 11-35-1560 (Sole Source Procurement), and 11-35-1570 (Emergency Procurements).
(2) Design-bid-build:
(a) Design. Architect-engineer, construction management, and land surveying services. The qualifications based selection process in Section 11-35-3220 (Qualifications Based Selection Procedures) must be used to procure architect-engineer, construction management, and land surveying services, unless those services are acquired in conjunction with construction using one of the project delivery methods provided in Section 11-35-3015 (3), (5), (6), (7), and (8).
(b) Construction. Competitive sealed bidding, as provided in Section 11-35-1520 (Competitive Sealed Bidding), must be used to procure construction in design-bid-build procurements.
(3) Construction Management at-risk. Contracts for construction management at-risk must be procured as provided in either Section 11-35-1520 (Competitive Sealed Bidding) or Section 11-35-1530 (Competitive Sealed Proposals).
(4) Operations and Maintenance. Contracts for operations and maintenance must be procured as set forth in Section 11-35-1510 (Methods of Source Selection).
(5) Design-build. Contracts for design-build must be procured by competitive sealed proposals, as provided in Section 11-35-1530 (Competitive Sealed Proposals), except that the regulations may describe the circumstances under which a particular design-build procurement does not require the submission of proposal development documents as required in Section 11-35-3025(2)(b).
(6) Design-build-operate-maintain. Contracts for design-build-operate-maintain must be procured by competitive sealed proposals, as provided in Section 11-35-1530 (Competitive Sealed Proposals).
(7) Design-build-finance-operate-maintain. Contracts for design-build-finance-operate-maintain must be procured by competitive sealed proposals, as provided in Section 11-35-1530 (Competitive sealed proposals).
(8) Other. Contracts for an alternate project delivery method approved pursuant to Section 11-35-3005(2) must be procured by a source selection method provided in Section 11-35-1510, as specified by the authority approving the alternative project delivery method."
SECTION 4. Subarticle 3, Article 9, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3021. (1) After notice of an award or intended award has been given, whichever is earlier, the prospective contractor identified in the notice may not substitute a business as subcontractor in place of a subcontractor listed in the prospective contractor's bid or proposal, except for one or more of the following reasons:
(a) upon a showing satisfactory to the governmental body by the prospective contractor that:
(i) the listed subcontractor is not financially responsible;
(ii) the listed subcontractor's scope of work did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the subcontractor's original bid;
(iii) the listed subcontractor was listed as a result of an inadvertent clerical error, but only if that request is made within four working days of opening;
(iv) the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prospective contractor after the subcontractor had represented to the prospective contractor that the subcontractor could obtain a performance and payment bond; and
(v) the listed subcontractor must be licensed and did not have the license at the time required by law;
(b) if the listed subcontractor fails or refuses to perform his subcontract;
(c) if the work of the listed subcontractor is found by the governmental body to be substantially unsatisfactory;
(d) upon mutual agreement of the contractor and subcontractor; and
(e) with the consent of the governmental body for good cause shown.
(2) The request for substitution must be made to the governmental body in writing. This written request does not give rise to a private right of action against the prospective contractor in the absence of actual malice.
(3) If substitution is allowed, the prospective contractor, before obtaining prices from another subcontractor, must attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received before the submission of the prospective contractor's offer. This section does not affect a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated pursuant to it.
(4) This section applies to a procurement conducted using the source selection methods authorized by Section 11-35-3015(2)(b), (3), (5), (6), (7), and (8).
Section 11-35-3023. (A) In accordance with this section and procedures published by the State Engineer, a governmental body may limit participation in a solicitation for construction to only those businesses, including potential subcontractors, that are prequalified. The prequalification process may be used only with the approval and supervision of the State Engineer's Office. If businesses are prequalified, the governmental body must issue a request for qualifications. Adequate public notice of the request for qualifications must be given in the manner provided in Section 11-35-1520(3). The request must contain, at a minimum, a description of the general scope of work to be acquired, the deadline for submission of information, and how businesses may apply for consideration. The evaluation criteria must include, but not be limited to, prior performance, recent past references on all aspects of performance, financial stability, and experience on similar construction projects. Using only the criteria stated in the request for qualifications, businesses must be ranked from most qualified to least qualified. The basis for the ranking must be determined in writing. If fewer than two businesses are prequalified, the prequalification process must be canceled. The determination regarding how many offers to solicit is not subject to review pursuant to Article 17 of this code. Section 11-35-1520(4) (Request for Qualifications) and Section 11-35-1530(4) (Request for Qualifications) do not apply to a procurement of construction.
(B) In a design-bid-build procurement, the prequalification process may be used only if the construction involved is unique in nature, over ten million dollars in value, or involves special circumstances, as determined by the State Engineer. In a design-bid-build procurement, the minimum requirements for prequalification must be published in the request for qualifications. Offers must be sought from all businesses that meet the published minimum requirements for prequalification.
Section 11-35-3024. (1) Applicability. In addition to the requirements of Section 11-35-1530 (Competitive Sealed Proposals), the procedures in this Section apply as provided in items (2), (3), and (4) below.
(2) Content of Request for Proposals. A Request for Proposals for design-build, design-build-operate-maintain, or design-build-finance-operate-maintain:
(a) must include design requirements;
(b) must solicit proposal development documents; and
(c) may, if the governmental body determines that the cost of preparing proposals is high in view of the size, estimated price, and complexity of the procurement:
(i) prequalify offerors in accordance with Section 11-35-3023 by issuing a request for qualifications in advance of the request for proposals;
(ii) select, pursuant to procedures designated in the Manual for Planning and Execution of State Permanent Improvements, a short list of responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award before discussions and evaluations pursuant to Section 11-35-1530, if the number of proposals to be short-listed is stated in the Request for Proposals and prompt public notice is given to all offerors as to which proposals have been short-listed; or
(iii) pay stipends to unsuccessful offerors, if the amount of the stipends and the terms under which stipends are paid are stated in the Request for Proposals.
(3) Evaluation Factors. A Request for Proposals for design-build, design-build-operate-maintain, or design-build-finance-operate-maintain must:
(a) state the relative importance of (i) demonstrated compliance with the design requirements, (ii) offeror qualifications, (iii) financial capacity, (iv) project schedule, (v) price, or life-cycle price for design-build-operate-maintain and design-build-finance-operate-maintain procurements, and (vi) other factors, if any; and
(b) in circumstances designated in the Manual for Planning and Execution of State Permanent Improvements, require each offeror to identify an Independent Peer Reviewer whose competence and qualifications to provide that service must be an additional evaluation factor in the award of the contract.
(4) Unless excused by the State Engineer, the State Engineer's Office shall oversee the evaluation process for a procurement of construction if factors other than price are considered in the evaluation of a proposal."
SECTION 5. Subarticle 3, Article 9, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3035. Regulations shall be promulgated that specify when a governmental body shall require offerors to provide appropriate errors and omissions insurance to cover architectural and engineering services under the project delivery methods set forth in Section 11-35-3005 (1) (a), (d), (e), and (f).
Section 11-35-3037. The governmental body may require one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services procured separately or as one element of another project delivery method:
(a) operations period surety bonds that secure the performance of the contractor's operations and maintenance obligations;
(b) letters of credit in an amount appropriate to cover the cost to the governmental body of preventing infrastructure service interruptions for a period up to twelve months; and
(c) appropriate written guarantees from the contractor, or depending upon the circumstances, from a parent corporation, to secure the recovery of reprocurement costs to the governmental body if the contractor defaults in performance."
SECTION 6. Subarticle 3, Article 9, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Section 11-35-3070. A governmental body may approve and pay for amendments to architectural/engineering contracts and change orders to construction contracts, within the governmental body's certification, which do not alter the original scope or intent of the project and which do not exceed the previously approved project budget."
SECTION 7. Section 11-35-310(7) of the 1976 Code is amended to read:
"(7) "Construction" means the process of building, altering, repairing, remodeling, improving, or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings, or real property. 'Construction' means the process of building, altering, repairing, remodeling, improving, or demolishing a public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of an existing public infrastructure facility, including structures, buildings, or real property."
SECTION 8. Section 11-35-1510 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-1510. Unless otherwise provided by law, all state contracts must be awarded by competitive sealed bidding, pursuant to Section 11-35-1520, except as provided in:
(1) Section 11-35-1250 (Authority to Contract for Auditing Services);
(2) Section 11-35-1260 (Authority to Contract for Legal Services);
(3) Section 11-35-1525 (Fixed Priced Bidding);
(4) Section 11-35-1528 (Competitive Best Value Bidding);
(5) Section 11-35-1529 (Competitive Online Bidding);
(6) Section 11-35-1530 (Competitive Sealed Proposals);
(7) Section 11-35-1540 (Negotiations After Unsuccessful Competitive Sealed Bidding);
(8) Section 11-35-1550 (Small Purchases);
(9) Section 11-35-1560 (Sole Source Procurements);
(10) Section 11-35-1570 (Emergency Procurements);
(11) Section 11-35-1575 (Participation in Auction or Bankruptcy Sale);
(12) (Reserved)
(13) Section 11-35-3020 (Construction Procurement Procedures) Section 11-35-3015 (Source Selection Methods Assigned to Project Delivery Methods);
(14) Section 11-35-3220 (Architect Engineer, Construction Management and Land Surveying Services Procurement Procedures); and
(15) Section 11-35-3230 (Exception for Small Architect-Engineer and Land Surveying Services Contracts)."
SECTION 9. Section 11-35-1530(1) of the 1976 Code, as amended by Act 376 of 2006, is further amended to read:
"(1) Conditions for Use. If a purchasing agency determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the State, a contract may be entered into by competitive sealed proposals subject to the provisions of Section 11-35-1520 and the ensuing regulations, unless otherwise provided in this section. Subject to the requirements of Section 11-35-3220, the board may provide by regulation that it is either not practicable or not advantageous to the State to procure specified types of supplies, services, information technology, or construction by competitive sealed bidding. The board may provide by regulation that it is either not practicable or not advantageous to the State to procure specified types of supplies, services, information technology, or construction by competitive sealed bidding. Contracts for the design-build, design-build-operate-maintain, or design-build-finance-operate-maintain project delivery methods specified in Article 9 of this code must be entered into by competitive sealed proposals, except as otherwise provided in Sections 11-35-1550 (Small purchases), 11-35-1560 (Sole source procurements), and 11-35-1570 (Emergency procurements)."
SECTION 10. Section 11-35-2410(A) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"(A) The determinations required by the following sections and related regulations are final and conclusive, unless clearly erroneous, arbitrary, capricious, or contrary to law: Section 11-35-1520(7) (Competitive Sealed Bidding: Correction or Withdrawal of Bids; Cancellation of Awards), Section 11-35-1520(11) (Competitive Sealed Bidding: Request for Qualifications), Section 11-35-1525(1) (Competitive Fixed Price Bidding: Conditions for Use), Section 11-35-1528(1) (Competitive Best Value Bidding: Conditions for Use), Section 11-35-1528(8) (Competitive Best Value Bidding: Award), Section 11-35-1529(1) (Competitive Online Bidding: Conditions for Use), Section 11-35-1530(1) (Competitive Sealed Proposals, Conditions for Use), Section 11-35-1530(4) (Competitive Sealed Proposals: Request for Qualifications), Section 11-35-1530(7) (Competitive Sealed Proposals, Selection and Ranking of Prospective Offerors), Section 11-35-1530(9) (Competitive Sealed Proposals Award), Section 11-35-1540 (Negotiations After Unsuccessful Competitive Sealed Bidding), Section 11-35-1560 (Sole Source Procurement), Section 11-35-1570 (Emergency Procurement), Section 11-35-1710 (Cancellation of Invitation for Bids or Requests for Proposals), Section 11-35-1810(2) (Responsibility of Bidders and Offerors, Determination of Nonresponsibility), Section 11-35-1825 (Prequalification of Construction Bidders), Section 11-35-1830(3) (Cost or Pricing Data, Cost or Pricing Data Not Required), Section 11-35-2010 (Types and Forms of Contracts), Section 11-35-2020 (Approval of Accounting System), Section 11-35-2030(2) (Multi-Term Contracts, Determination Prior to Use), Section 11-35-3010(1) (Choice of Project Delivery Method), Section 11-35-3020(2)(d) (Construction Procurement Procedures: Negotiations after Unsuccessful Competitive Sealed Bidding), Section 11-35-3023 (Prequalification on State Construction), Section 11-35-3220(5) (Procurement Procedure, Selection and Ranking of the Five Most Qualified), Section 11-35-4210(7) (Stay of Procurement During Protests, Decision to Proceed), and Section 11-35-4810 (Cooperative Use of Supplies, Services, or Information Technology)."
SECTION 11. Section 11-35-2910 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-2910. (1) 'Architect-engineer and land surveying services' are those professional services associated with the practice of architecture, professional engineering, land surveying, landscape architecture, and interior design pertaining to construction, as defined by the laws of this State, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including studies, investigations, surveys, evaluations, consultations, planning, programming conceptual designs, plans and specifications, cost estimates, inspections, shop drawing reviews, sample recommendations, preparation of operating and maintenance manuals, and other related services.
(2) 'Construction' means the process of building, altering, repairing, remodeling, improving, or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. 'Construction manager agent' means a business that has been awarded a separate contract with the governmental body to provide construction management services but not construction.
(3) 'Construction manager at-risk' means a business that has been awarded a separate contract with the governmental body to provide both construction management services and construction using the construction management at-risk project delivery method. A contract with a construction manager at-risk may be executed before completion of design.
(4) 'Construction management services' are those professional services associated with a system in which the governmental body directly contracts with a professional construction manager to provide that group of management activities required to plan, schedule, coordinate, and manage the design and construction plan of a state project in a manner that contributes to the control of time, cost, and quality of construction as specified in the construction management contract. contract administration, project management, and other specified services provided in connection with the administration of a project delivery method defined in Section 11-35-3005 (Project Delivery Methods Authorized).
(5) 'Construction management at-risk' means a project delivery method in which the governmental body awards separate contracts, one for architectural and engineering services to design an infrastructure facility and the second to a construction manager at-risk for both construction of the infrastructure facility according to the design and construction management services.
(6) 'Design-bid-build' means a project delivery method in which the governmental body sequentially awards separate contracts, the first for architectural and engineering services to design an infrastructure facility and the second for construction of the infrastructure facility according to the design.
(7) 'Design-build' means a project delivery method in which the governmental body enters into a single contract for design and construction of an infrastructure facility.
(8) 'Design-build-finance-operate-maintain' means a project delivery method in which the governmental body enters into a single contract for design, construction, finance, maintenance, and operation of an infrastructure facility over a contractually defined period. Money appropriated by the State is not used to pay for a part of the services provided by the contractor during the contract period.
(9) 'Design-build-operate-maintain' means a project delivery method in which the governmental body enters into a single contract for design, construction, maintenance, and operation of an infrastructure facility over a contractually defined period. All or a portion of the money required to pay for the services provided by the contractor during the contract period are either appropriated by the State before the award of the contract or secured by the State through fare, toll, or user charges.
(10) 'Design requirements' means the written description of the infrastructure facility to be procured pursuant to this article, including:
(a) required features, functions, characteristics, qualities, and properties that are required by the State;
(b) the anticipated schedule, including start, duration, and completion; and
(c) estimated budgets. as applicable to the specific procurement, for design, construction, operation, and maintenance. The design requirements may, but need not, include drawings and other documents illustrating the scale and relationship of the features, functions, and characteristics of the project.
(11) 'Independent peer reviewer services' are additional architectural and engineering services that a governmental body shall acquire, as designated in the Manual for Planning and Execution of State Permanent Improvement, in design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurements. The function of the independent peer reviewer is to confirm that the key elements of the professional engineering and architectural design provided by the contractor are in conformance with the applicable standard of care. If a governmental body elects not to contract with the independent peer reviewer proposed by the successful offeror, the independent peer reviewer must be selected through competitive sealed proposals.
(12) 'Infrastructure facility' means a building; structure; or networks of buildings, structures, pipes, controls, and equipment, or portion thereof, that provide transportation, utilities, public education, or public safety services. Included are government office buildings; public schools; courthouses; jails; prisons; water treatment plants, distribution systems, and pumping stations; wastewater treatment plants, collection systems, and pumping stations; solid waste disposal plants, incinerators, landfills, and related facilities; public roads and streets; highways; public parking facilities; public transportation systems, terminals, and rolling stock; rail, air, and water port structures, terminals, and equipment.
(13) 'Operations and maintenance' means a project delivery method in which the governmental body enters into a single contract for the routine operation, routine repair, and routine maintenance of an infrastructure facility.
(14) 'Proposal development documents' means drawings and other design related documents that are sufficient to fix and describe the size and character of an infrastructure facility as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate to the applicable project delivery method."
SECTION 12. Section 11-35-3010 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-3010. (1) Selection of Method. The project delivery method of construction contracting administration used for a state construction project by a using agency shall must be determined to be that method which is most advantageous to the State and will result results in the most timely, economical, and successful completion of the construction project. The using agency governmental body shall select, in accordance with regulations of the board, the appropriate project delivery method of construction contracting administration for a particular project and shall state in writing the facts and considerations which led leading to the selection of that particular method.
(2) State Engineer's Office Review. The using agency governmental body shall submit its written report stating the facts and considerations which led leading to the selection of the particular project delivery method of construction contracting administration to the state engineer's office State Engineer's Office for its review.
(3) Approval or Disagreement by State Engineer's Office. The state engineer's office shall have State Engineer's Office has ten days to review the data submitted by the using agency governmental body to determine its position with respect to the particular project delivery method of construction contracting administration recommended for approval by the using agency governmental body, and to notify the using agency governmental body of its decision in writing. If the state engineer's office State Engineer's Office disagrees with the project delivery method selected, it may contest such it by submitting the matter to the board for decision. Written notification by the state engineer's office State Engineer's Office to the using agency governmental body of its intention to contest the project delivery method selected shall must include the its reasons therefor. The board shall hear any such contests the contest at its next regularly scheduled meeting subsequent to after notification of the using agency governmental body. If the board rules in support of the state engineer's office State Engineer's Office position, the using agency governmental body shall receive written notification of the decision. If the board rules in support of the using agency governmental body, the using agency shall governmental body must be notified in writing and thereby by that writing be authorized to use that project delivery method of construction contracting administration as previously recommended by the using agency governmental body on the particular construction project."
SECTION 13. Section 11-35-3020 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-3020. (1) Source Selection. All state construction contracts must be awarded by competitive sealed bidding pursuant to the procedures set forth in Section 11-35-1520, subject to the exceptions enumerated in subsection (2) of this section and except as provided in Sections 11-35-1550, 11-35-1560, and 11-35-1570. Competitive sealed proposals as provided in Section 11-35-1530 must not be used, except in cases and in accordance with criteria as may be authorized and prescribed by regulation of the board.
(2) Exceptions in Competitive Sealed Bidding Procedures. The process of competitive sealed bidding as required by subsection (1) Section 11-35-3015(2)(b) must be performed in accordance with the procedures outlined in Article 5 of this code subject to the following exceptions:
(a) Invitation for Bids. Instead of Section 11-35-1520(2), Section 11-35-1520(3), and Section 11-35-1520(4), invitations for bids for each state construction project subject to subsection (1) must be made in the following manner. Each using agency must be governmental body is responsible for developing a formal invitation for bids for each state construction project subject to subsection (1). The invitation must include, but not be limited to, all contractual terms and conditions applicable to the procurement. A copy of each invitation for bids must be filed with the State Engineer's Office and must be advertised formally in an official state government publication. The manner in which this official state government publication must be published, the content of the publication itself, the frequency of the publication, the method of subscription to the publication, and the manner by which the publication is distributed must be established by regulation of the board.
(b) Bid Acceptance. Instead of Section 11-35-1520(6), the following provision applies. Bids must be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The using agency governmental body's invitation for bids must set forth all requirements of the bid including, but not limited to:
(i) The using agency governmental body, in consultation with the architect-engineer assigned to the project, shall identify by specialty in the invitation for bids all subcontractors, who are expected to perform work for the prime contractor to or about the construction when those subcontractors' contracts are each expected to exceed three percent of the prime contractor's total base bid. In addition, the using agency governmental body, in consultation with the architect-engineer assigned to the project, may identify by specialty in the invitation for bids any subcontractors a subcontractor who are is expected to perform work which is vital to the project. The determination of which subcontractors are included in the list provided in the invitation for bids is not protestable pursuant to Section 11-35-4210 or another provision of this code. A bidder in response to an invitation for bids shall set forth in his bid the name of only those subcontractors to perform the work as identified in the invitation for bids. If the bidder determines to use his own employees to perform a portion of the work for which he would otherwise be required to list a subcontractor and if the bidder is qualified to perform that work under the terms of the invitation for bids, the bidder shall list himself in the appropriate place in his bid and not subcontract that work except with the approval of the using agency governmental body for good cause shown.
(ii) Failure to complete the list provided in the invitation for bids renders the bidder's bid unresponsive.
(iii) A prime contractor whose bid is accepted may not substitute a person as subcontractor in place of the subcontractor listed in the original bid, except for one or more of the following reasons:
(aa) upon a showing satisfactory to the governmental body by the contractor that a subcontractor who was listed is not financially responsible;
(bb) upon a showing satisfactory to the governmental body by the contractor that the scope of work bid by a listed subcontractor did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the listed subcontractor's original bid;
(cc) upon a showing satisfactory to the governmental body made by the contractor within four working days of the bid opening that the subcontractor was listed as a result of an inadvertent clerical error;
(dd) upon a showing satisfactory to the governmental body by the contractor that the listed subcontractor failed or refused to submit a performance and payment bond when requested by the prime contractor after the subcontractor had represented to the prime contractor that he could obtain a performance and payment bond;
(ee) upon a showing satisfactory to the governmental body by the contractor that the listed subcontractor is required to be licensed and does not have the license by the time it is required by law;
(ff) when the listed subcontractor fails or refuses to perform his subcontract;
(gg) when the work of the listed subcontractor is found by the governmental body to be substantially unsatisfactory;
(hh) upon mutual agreement of the contractor and subcontractor;
(ii) with the consent of the governmental body for good cause shown.
(iv) The request for substitution must be made to the governmental body in writing. This written request does not give rise to a private right of action against the prime contractor in the absence of actual malice.
(v) Where substitution is allowed, the prime contractor, before obtaining prices from another subcontractor, shall attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received before the submission of the prime contractor's bid. This section does not affect a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated pursuant to it.
(iiivi) The using agency governmental body shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening.
(c) Instead of Section 11-35-1520(10), the following provisions apply. :
(i) Unless there is a compelling reason to reject bids as prescribed by regulation of the board, notice of an intended award of a contract to the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation for bids must be given by posting the notice at a location that is specified in the invitation for bids. The invitation for bids and the posted notice must contain a statement of the bidder's right to protest pursuant to Section 11-35-4210(1) and the date and location of posting must be announced at bid opening. In addition to posting notice, the using agency governmental body promptly shall send all responsive bidders a copy of the notice of intended award and of the bid tabulation. The mailed notice must indicate the posting date and must contain a statement of the bidder's right to protest pursuant to Section 11-35-4210(1).
(ii) After ten days' notice is given, the using agency governmental body may enter into a contract with the bidder named in the notice in accordance with the provisions of this code and of the bid solicited. The procurement officer must comply with Section 11-35-1810.
(iii) If, at bid opening, only one bid is received and determined to be responsive and responsible and within the using agency governmental body's construction budget, award may be made without the ten-day waiting period.
(d) Negotiations after Unsuccessful Competitive Sealed Bidding. Instead of Section 11-35-1540, the following provisions apply:
(1) When (i) If bids received pursuant to an invitation for bids exceed available funds, and it is determined in writing by the using agency governmental body that circumstances do not permit the delay required to resolicit competitive sealed bids, and the base bid, less any deductive alternates, does not exceed available funds by an amount greater than ten percent of the construction budget established for that portion of the work, a contract may be negotiated pursuant to this section with the lowest responsible and responsive bidder. The using agency governmental body may change the scope of the work to reduce the cost to be within the established construction budget but may not reduce the cost below the established construction budget more than ten percent without a written request by the agency and the written approval of the chief procurement officer based on the best interest of the State.
(2) When (ii) If the lowest base bid received pursuant to an invitation for bids exceeds approved available funds and the using agency governmental body is able to identify additional funds for the project, as certified by the appropriate fiscal officers, in the amount of the difference between the lowest base bid and the approved available funds for the project, the using agency governmental body shall submit its request to use such those additional funds to the board and the Joint Bond Review Committee in accordance with Sections 2-47-40 and 2-47-50."
SECTION 14. Section 11-35-3030(1), (2), and (3) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-3030.(1) Bid Security.
(a) Requirement for Bid Security. Bid security is required for all competitive sealed bidding for construction contracts in a design-bid-build procurement in excess of fifty thousand dollars and other contracts as may be prescribed by the State Engineer's Office. Bid security is a bond provided by a surety company meeting the criteria established by the regulations of the board or otherwise supplied in a form that may be established by regulation of the board.
(b) Amount of Bid Security. Bid security must be in an amount equal to at least five percent of the amount of the bid at a minimum.
(c) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected except that a bidder who fails to provide bid security in the proper amount or a bid bond with the proper rating must be given one working day from bid opening to cure the deficiencies. If the bidder is unable to cure these deficiencies within one working day of bid opening, his bid must be rejected.
(d) Withdrawal of Bids. After the bids are opened, they must be irrevocable for the period specified in the invitation for bids. If a bidder is permitted to withdraw its bid before bid opening pursuant to Section 11-35-1520(78), action must not be had against the bidder or the bid security.
(2) Contract Performance Payment Bonds.
(a) When Required-Amounts. When a construction contract is awarded pursuant to Section 11-35-3020, the The following bonds or security must be delivered to the using agency governmental body and become binding on the parties upon the execution of the contract for construction:
(i) a performance bond satisfactory to the State, executed by a surety company meeting the criteria established by the board in regulations, or otherwise secured in a manner satisfactory to the State, in an amount equal to one hundred percent of the portion of the contract price specified in the contract that does not include the cost of operation, maintenance, and finance;
(ii) a payment bond satisfactory to the State, executed by a surety company meeting the criteria established by the board in regulations, or otherwise secured in a manner satisfactory to the State, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the construction work provided for in the contract. The bond must be in an amount equal to one hundred percent of the portion of the contract price that does not include the cost of operation, maintenance, and finance.
(iii) in the case of a construction contract valued at fifty thousand dollars or less, the using agency governmental body may waive the requirements of (i) and (ii) above, provided that if the using agency governmental body has protected the State.
(iv) in the case of a construction manager at-risk contract, the solicitation may provide that bonds or security are not required during the project's preconstruction or design phase, if construction does not commence until the requirements of (i) and (ii) above have been satisfied.
(b) Authority to Require Additional Bonds. Subsection Item (2) does not limit the authority of the board to require a performance bond or other security in addition to these bonds, or in circumstances other than specified in subitem (a) of that subsection item in accordance with regulations promulgated by the board.
(c) Suits on Payment Bonds-Right to Institute. Every A person who has furnished labor, material, or rental equipment to a bonded contractor or his subcontractors for the work specified in the contract, and who has not been paid in full for it before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by the person or material or rental equipment was furnished or supplied by the person for which the claim is made, has the right to sue on the payment bond for the amount, or the balance of it, unpaid at the time of institution of the suit and to prosecute the action for the sum or sums justly due the person. A remote claimant has a right of action on the payment bond only upon giving written notice to the contractor within ninety days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which the claim is made, stating with substantial accuracy the amount claimed as unpaid and the name of the party to whom the material or rental equipment was furnished or supplied or for whom the labor was done or performed. The written notice to the bonded contractor must be served personally or served by mailing the notice by registered or certified mail, postage prepaid, in an envelope addressed to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. The aggregate amount of a claim against the payment bond by a remote claimant may not exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. The written notice to the bonded contractor must be served personally or sent by fax or by electronic mail or by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, payment by the bonded contractor may not lessen the amount recoverable by the remote claimant. The aggregate amount of claims on the payment bond may not exceed the penal sum of the bond.
A suit under this section must not be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment.
For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no expressed or implied contractual relationship with the bonded contractor.
(d) Suits on Payment Bonds-Where and When Brought. Every suit instituted upon a payment bond must be brought in a court of competent jurisdiction for the county or circuit in which the construction contract was to be performed; except that a suit must not be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by the person bringing suit. The obligee named in the bond need not be joined as a party in the suit.
(3) Bonds Forms and Copies. (a) Bonds Forms. The board shall promulgate by regulation the form of the bonds required by this section.
(b) Certified Copies of Bonds. A person may request and obtain from the using agency governmental body a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond is prima facie evidence of the contents, execution, and delivery of the original."
SECTION 15. Section 11-35-3210, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-3210. (1) Applicability. Architect-engineer, construction management, and land surveying services shall be procured as provided in Section 11-35-3220 except as authorized by Sections 11-35-1560, 11-35-1570, and 11-35-3230.
(2) Policy. It is the policy of this State to announce publicly all requirements for architect-engineer, construction management, and land surveying services and to negotiate contracts for such services on the basis of demonstrated competence and qualification for the particular type of services required and at fair and reasonable prices."
SECTION 16. Section 11-35-3220(1), (7), (8), and (9) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-3220. (1) Agency Selection Committee. Each using agency A governmental body shall establish its own architect-engineer, construction management, and land surveying services selection committee, referred to as the agency selection committee, that which must be composed of those individuals whom the agency head determines to be qualified to make an informed decision as to the most competent and qualified firm for the proposed project. The head of the using agency governmental body or his qualified responsible designee shall sit as a permanent member of the agency selection committee for the purpose of coordinating and accounting for the committee's work. To assist an agency selection committee in the selection of firms to be employed for significant or highly technical projects and to facilitate prompt selections, the agency selection committee may invite the State Engineer or his designee to sit as a nonvoting member of the committee.
(7) Negotiation of Contract. The governing body of the using agency governmental body or its designee shall negotiate a contract for services with the most qualified person or firm at a compensation that is fair and reasonable to the State. If the governing body of the using agency governmental body or its designee is unable to negotiate a satisfactory contract with this person or firm, negotiations must be terminated formally. Negotiations must commence in the same manner with the second and then the third most qualified until a satisfactory contract is negotiated. If an agreement is not reached with one of the three, additional persons or firms in order of their competence and qualifications must be selected after consultation with the agency selection committee, and negotiations must be continued in the same manner until agreement is reached.
(8) State Engineer's Office Review. The head of the using agency governmental body shall submit the following documents to the State Engineer's Office for its review:
(a) the written report of the agency selection committee, listing the persons or firms that responded to the invitation to submit information and enumerating the reasons of the committee for selecting the particular ones to be interviewed;
(b) the written ranking report of the agency selection committee and all data substantiating the determinations made in that report; and
(c) the tentative contract between the using agency governmental body and the selected person or firm.
(9) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the agency selection committee, and to determine its position with respect to the particular person or firm recommended for approval by the agency. If the State Engineer's Office disagrees with the proposal, it may contest the proposal by submitting the matter to the board for decision. In the event of approval, the State Engineer's Office shall notify immediately in writing the using agency governmental body and the person or firm selected of the award and authorize the using agency governmental body to execute a contract with the selected person or firm. In the event of disagreement, the State Engineer's Office immediately shall notify the using agency governmental body in writing of its intention to contest the ranking and the reasons for it. All contract negotiations by the governing body must be suspended pending a decision by the board concerning a contested ranking. The board shall hear contests at its next regularly scheduled meeting after notification of the using agency governmental body. If the board rules in support of the State Engineer's Office position, the using agency governmental body shall submit the name of another person or firm to the State Engineer's Office for consideration, selected in accordance with the procedures prescribed in this section. If the board rules in support of the using agency governmental body, the using agency governmental body must be notified in writing and authorized to execute a contract with the selected person or firm."
SECTION 17. Section 11-35-3230(4) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"(4) Splitting of Larger Projects Prohibited. An agency A governmental body may not break a project into small projects for the purpose of circumventing the provisions of Section 11-35-3220 and this section."
SECTION 18. Section 11-35-3245 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-3245. (a) An architect or engineer performing design work, or construction manager performing construction management services, both as described in Section 11-35-2910(1) and (3), under a contract awarded pursuant to the provisions of Section 11-35-3220 or Section 11-35-3230, may not perform other work, by later amendment or separate contract award, on that project as a contractor or subcontractor either directly or through a business in which he or his architectural engineering or construction management firm has greater than a five percent interest.
(b) For purposes of this section, safety compliance and other incidental construction support activities performed by the construction manager are not considered work performed as a contractor or subcontractor. If the construction manager performs or is responsible for safety compliance and other incidental construction support activities, and these support activities are in noncompliance with the provisions of Section 41-15-210, then the construction management firm is subject to all applicable fines and penalties.
(c) This section applies only to procurements for construction using the design-bid-build project delivery methods."
SECTION 19. Section 11-35-3310(1) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"(1) General Applicability. Indefinite delivery contracts may be awarded on an as-needed basis for construction services pursuant to the procedures set forth in Section 11-35-3020 11-35-3015(2)(b) and for architectural-engineering and land surveying services pursuant to Section 11-35-3220."
SECTION 20. Section 11-35-1825 of the 1976 Code is repealed.
SECTION 21. This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008. /
Amend title to conform.
Sen. Nikki G. Setzler Rep. W. Brian White Sen. Thomas C. Alexander Rep. Tracy R. Edge Sen. Michael L. Fair Rep. Douglas Jennings, Jr. On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. R. BROWN moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4439 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE BISHOP EDWARD SMITH ON THE OCCASION OF HIS FIFTIETH ANNIVERSARY AS PASTOR OF THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST IN DENMARK.
The Resolution was adopted.
The following was introduced:
H. 4440 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Cato, Cooper, Harrison, Walker, White and Witherspoon: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, BY ADDING RULE 5.3F SO AS TO DEFINE CERTAIN TERMS INCLUDING "EARMARK PROJECT OR PROGRAM", TO PROVIDE FOR PROCEDURES FOR CONSIDERATION OF EARMARK PROJECTS OR PROGRAMS WHILE CONSIDERING THE REVENUE AND APPROPRIATION LEGISLATION; AND TO AMEND RULE 5.12, RELATING TO TIME LIMITS AFTER WHICH LEGISLATION RECEIVED FROM THE SENATE MUST BE RECEIVED IN ORDER TO BE CONSIDERED, SO AS TO CLARIFY THAT THE LEGISLATION MUST BE RECEIVED BY MAY FIRST INSTEAD OF PRIOR TO THAT DATE.
The Resolution was ordered referred to the Committee on Rules.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4441 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2595 SO AS TO REGULATE THE USE OF PARKING METERS WHEN THEY ARE LOCATED WITHIN A CERTAIN DISTANCE OF AN INSTITUTION OF HIGHER LEARNING OR A GOVERNMENT BUILDING AND TO PROVIDE A PENALTY.
Referred to Committee on Education and Public Works
H. 4442 (Word version) -- Reps. G. Brown, Anderson, Bowen, Breeland, R. Brown, Delleney, Gullick, Harvin, Hodges, Jefferson, Knight, Leach, Littlejohn, Lucas, Miller, Spires and Williams: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RECIPIENTS OF THE PURPLE HEART, SO AS TO DELETE THE PROVISION THAT ESTABLISHES A FEE FOR THE LICENSE PLATE, AND TO PROVIDE THAT THERE IS NO FEE FOR THE LICENSE PLATE.
Referred to Committee on Education and Public Works
H. 4443 (Word version) -- Rep. Gullick: A JOINT RESOLUTION ESTABLISHING THE STATE RETIREMENT SYSTEMS DEFINED CONTRIBUTION PLAN STUDY COMMITTEE, PROVIDING FOR ITS MEMBERSHIP AND DUTIES, AND REQUIRING IT TO MAKE A FINAL REPORT AND RECOMMENDATIONS BEFORE SEPTEMBER 1, 2008.
Referred to Committee on Ways and Means
H. 4444 (Word version) -- Reps. Taylor, Bowen, Knight, Leach, Littlejohn, Mahaffey and Williams: 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 MOVE THE DATE OF THE ANNUAL AUGUST SALES TAX HOLIDAY TO THE FRIDAY, SATURDAY, AND SUNDAY BEFORE THE THIRD MONDAY IN AUGUST.
Referred to Committee on Ways and Means
On motion of Rep. R. BROWN, with unanimous consent, the following Bill was ordered recalled from the Colleton Delegation:
H. 4315 (Word version) -- Rep. R. Brown: A BILL TO AMEND ACT 190 OF 1991, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO CHANGE THE TIME FOR FILING THE STATEMENT OF CANDIDACY TO BE ELECTED TO THE BOARD OF TRUSTEES AND TO CORRECT INCORRECT REFERENCES.
Rep. VICK moved that the House do now adjourn, which was agreed to.
At 11:08 a.m. the House, in accordance with the motion of Rep. MAHAFFEY, adjourned in memory of Sergeant Richard A. Schmitt of Wellford who was killed in the line of duty, to meet at 10:00 a.m. tomorrow.
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