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 Psalm 31:3: "You are indeed my rock and my fortress."
Let us pray. Dear God, thank You for being our rock and our fortress, whatever life brings. Strengthen each of these Representatives and staff as they focus upon the needs and quality of life for the people of this State. Give them wisdom and integrity in making decisions. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. SCARBOROUGH moved that when the House adjourns, it adjourn in memory of Jerry Zucker of Charleston, which was agreed to.
The House stood in silent prayer for Virginia Umphlett, wife of Representative Umphlett, who is in the hospital.
The following was received and referred to the appropriate committee for consideration:
Document No. 3196
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-114-75
South Carolina National Guard College Assistance Program
Received by Speaker of the House of Representatives
April 16, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration March 23, 2009
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, 2008
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration March 16, 2008
Revised: March 26, 2008
Revised: May 5, 2008
Document No. 3151
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-44-10 through 44-44-160
South Carolina Birth Defects Program
Received by Speaker of the House of Representatives
January 8, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 7, 2008
Revised: May 8, 2008
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4952 (Word version) -- Rep. M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-96 SO AS TO PROHIBIT THE INTRODUCTION OF A FERTILITY CONTROL AGENT OR CHEMICAL SUBSTANCE INTO WILDLIFE, TO AUTHORIZE EXCEPTIONS INCLUDING THOSE MADE FOR SPECIFIED PURPOSES UPON PERMIT OF THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4862 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST BAITING WILD TURKEYS, SO AS TO FURTHER PROVIDE FOR WHAT PRACTICES DO NOT CONSTITUTE BAITING.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4833 (Word version) -- Reps. Cooper, Funderburk, Loftis, Hodges and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT" TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEB SITE DEDICATED TO PROGRAM INITIATIVES.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight and Bedingfield: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; AND TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4953 (Word version) -- Reps. Cooper and Harrell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4340 (Word version) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: A BILL TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4887 (Word version) -- Reps. Kirsh and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-54-52 AND 12-54-53 SO AS TO PROVIDE THAT, FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, INTERNAL REVENUE CODE SECTIONS 6694 AND 6695, RESPECTIVELY, ARE ADOPTED; AND TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO IRC SECTIONS ADOPTED BY THIS STATE, SO AS TO CONFORM TO THOSE ADDITIONS; TO AMEND SECTION 4-9-195, AS AMENDED, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS GRANTED TO CERTAIN PROPERTY, SO AS TO FURTHER PROVIDE FOR CERTIFICATION OF LOW AND MODERATE INCOME RENTAL PROPERTY THAT DOES OR DOES NOT QUALIFY FOR A HISTORICAL DESIGNATION; TO AMEND SECTION 11-35-5230, AS AMENDED, RELATING TO REGULATIONS FOR NEGOTIATIONS WITH STATE MINORITY FIRMS, SO AS TO CHANGE STATUTORY REFERENCES FROM "MINORITY FIRMS" TO "SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES", AND TO CHANGE THE DELINEATION OF THE TEN-YEAR PERIOD FOR WHICH THE SUBJECT TAX CREDIT MAY BE CLAIMED; TO AMEND SECTION 11-45-55, AS AMENDED, RELATING TO TAX CREDIT CERTIFICATES IN CONNECTION WITH THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO PROVIDE FOR THE EXCHANGE OF INFORMATION AMONG CERTAIN DEPARTMENTS AND THEIR EMPLOYEES AND AGENTS; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITIONS OF "PERSON" AND "INDIVIDUAL" FOR PURPOSES OF TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE, SO AS TO CLARIFY THE MEANING OF "PERSON"; TO AMEND SECTION 12-6-590, AS AMENDED, RELATING TO TREATMENT OF "S" CORPORATIONS FOR TAX PURPOSES, SO AS TO INCLUDE ADDITIONAL REFERENCES TO THE INTERNAL REVENUE CODE FOR SIMILAR STATE TREATMENT; TO AMEND SECTION 12-6-2250, AS AMENDED, RELATING TO THE APPORTIONMENT OF INCOME DERIVED BY A TAXPAYER TO THE TAXPAYER'S CONDUCT OF BUSINESS IN THIS STATE, SO AS TO CHANGE THE WORD "ALLOCATED" TO "APPORTIONED"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT AGAINST THE STATE INCOME TAX, SO AS TO DELETE A REFERENCE TO GENERAL CONTRACTORS IN CONNECTION WITH THE TERM "CORPORATE OFFICE"; TO AMEND SECTION 12-6-3376, RELATING TO A CREDIT AGAINST THE STATE INCOME TAX FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE, SO AS TO REQUIRE THAT THE CREDIT BE THE FIRST CLAIMED FOR THAT VEHICLE, TO PROVIDE FOR REGULATIONS PROMULGATED BY THE STATE ENERGY OFFICE, TO FURTHER PROVIDE FOR CLAIMING THE CAPPED CREDIT, AND TO PROVIDE FOR THE EFFECT OF A REPEAL OF THE CAPS ON THE CREDIT; TO AMEND SECTION 12-6-3377, RELATING TO THE ALTERNATIVE MOTOR VEHICLE FUEL CREDIT AGAINST THE STATE INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE CALCULATION OF THE CREDIT FOR BUSINESS USE AND TO DELETE A PROVISION DEEMING THE FEDERAL TAX TREATMENT OF THE ALTERNATIVE FUEL CREDIT TO BE PERMANENT; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO A CREDIT AGAINST THE STATE INCOME TAX FOR REHABILITATION OF A HISTORIC STRUCTURE, SO AS TO INCLUDE A CREDIT AGAINST THE CORPORATE LICENSE FEES; TO AMEND SECTION 12-6-3585, AS AMENDED, RELATING TO THE INDUSTRY PARTNERSHIP FUND CREDIT AGAINST STATE TAXES, SO AS TO ALLOW THE CREDIT TO BE USED AGAINST THE TAXPAYER'S APPLICABLE STATE INCOME TAX, BANK TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE LIABILITY; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE CREDIT AGAINST STATE INCOME TAX FOR THE PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO PROVIDE THAT THE CREDIT IS AVAILABLE FOR A BUILDING, OR BUILDINGS ON A SINGLE SITE, THAT THE CREDIT BE CLAIMED IN THE TAX YEAR THE INSTALLATION IS COMPLETED, AND THAT THE STATE ENERGY OFFICE PRESCRIBE CERTIFICATION REQUIREMENTS; TO AMEND SECTION 12-6-3630, RELATING TO A CREDIT AGAINST CERTAIN STATE TAXES FOR A CONTRIBUTION TO THE SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO FURTHER PROVIDE FOR CLAIMING THE CREDIT; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO THE DESIGNATION OF CHARITABLE CONTRIBUTIONS ON THE STATE INCOME TAX RETURN, SO AS TO CHANGE AN ORGANIZATION'S NAME FROM "THE GIFT OF LIFE TRUST FUND OF SOUTH CAROLINA" TO "DONATE LIFE SOUTH CAROLINA"; TO AMEND SECTION 12-8-1530, RELATING TO WITHHOLDING AND REPORTING TAXES ON INCOME, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ALLOW A TAXPAYER TO WITHHOLD AND REPORT TAXES ANNUALLY ON INCOME FROM CERTAIN ACTIVITIES; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT CREDIT IN CONNECTION WITH THE ENTERPRISE ZONE ACT OF 1995, SO AS TO PROVIDE FOR THE TREATMENT OF A RETURN OF AN OVERPAYMENT OF WITHHOLDING RESULTING FROM CLAIMING THE CREDITS; TO AMEND SECTION 12-20-100, RELATING TO LICENSE TAX ON UTILITIES BASED ON PROPERTY VALUE AND GROSS RECEIPTS, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CREDITS AGAINST ITS LICENSE TAX LIABILITY FOR A COMPANY WHO PAYS CASH FOR INFRASTRUCTURE FOR AN ELIGIBLE PRODUCT, SO AS TO PROVIDE FOR THE CONTINUATION OF ELIGIBILITY FOR THE CREDIT UNDER CERTAIN CIRCUMSTANCES FOR A COMPANY THAT CONTRIBUTES THE CASH TO A COUNTY OR POLITICAL SUBDIVISION FOR AN ELIGIBLE PRODUCT EVEN IF THE PROJECT IS DISPOSED OF OR REMAINS UNCOMPLETED; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE STATE SALES TAX, SO AS TO DELETE A REDUNDANCY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE'S SALES TAX, SO AS TO SPECIFY NOTIFICATION REQUIREMENTS FOR CLAIMING THE EXEMPTION ON THE CONSTRUCTION MATERIALS USED IN CERTAIN SINGLE MANUFACTURING AND DISTRIBUTION FACILITIES AND TO PROVIDE FOR ASSESSMENT OF ANY TAX DUE, TO SPECIFY THAT THE EXEMPTION IN CONNECTION WITH THE SALE OF CURRENCY APPLIES TO CURRENCY THAT IS LEGAL TENDER, AND TO CLARIFY THE EXEMPTION AS TO DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES; TO AMEND SECTION 12-37-90, RELATING TO RESPONSIBILITIES AND DUTIES OF ASSESSORS, SO AS TO DISALLOW THE ALTERATION OF AN ASSESSMENT BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTIES EXEMPTED FROM THE ASSESSMENT OF PROPERTY TAXES, SO AS TO CORRECT A CROSS-REFERENCE AND TO MAKE A DEFINITIONAL CHANGE FOR "FULL-TIME" JOB; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO MODIFY A CROSS-REFERENCE IN THE DEFINITION OF "SPONSOR"; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATION FOR ASSESSMENT OF TAXES OR FEES BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR THE INSTANCE OF A TAXPAYER LACKING A VALID BUSINESS PURPOSE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS AND REPORTS BY AGENTS OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE DISCLOSURE BE WILFUL FOR CRIMINAL PENALTIES AND TERMINATION TO ATTACH AND SO AS TO CITE THE AGENTS AND EMPLOYEES OF SEVERAL AGENCIES; TO AMEND SECTION 12-54-250, AS AMENDED, RELATING TO PAYMENT TO THE DEPARTMENT OF REVENUE IN READILY AVAILABLE FUNDS, SO AS TO REQUIRE THE PAYMENT OF A PERSON OWING FIFTEEN THOUSAND DOLLARS OR MORE OR A WITHHOLDING AGENT MAKING AT LEAST TWENTY-FOUR PAYMENTS A YEAR, TO PROVIDE FOR EXEMPTIONS BY THE DEPARTMENT, AND TO REQUIRE ELECTRONIC FILING OF THE ACCOMPANYING RETURNS; TO AMEND SECTION 12-60-20, AS AMENDED, RELATING TO THE GENERAL ASSEMBLY'S INTENT IN CONNECTION WITH A DISPUTE INTERPRETED AND CONSTRUED PURSUANT TO THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO CLARIFY CERTAIN LANGUAGE; TO AMEND SECTION 12-60-510, AS AMENDED, RELATING TO EXHAUSTION OF REMEDIES BEFORE REQUESTING A HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO DISALLOW THE REMOVAL OF AN ASSESSMENT AGAINST A DEFAULTING TAXPAYER BY THE COURT; TO AMEND SECTION 12-63-20, RELATING TO THE ENERGY FREEDOM AND RURAL DEVELOPMENT ACT, SO AS TO DEFINE "BIODIESEL" FOR THAT PURPOSE AND TO REFERENCE THE DATE OF PURCHASE OF THE VEHICLE OR THE CONVERSION EQUIPMENT FOR PURPOSES OF CLAIMING A REBATE AGAINST THE SALES TAX; TO AMEND SECTION 44-43-1360, AS AMENDED, RELATING TO THE CHANGE FROM "GIFT OF LIFE TRUST FUND" TO "DONATE LIFE SOUTH CAROLINA", SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 46-3-260, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO PROVIDE FOR ADMINISTRATION OF THE FUND BY THE DEPARTMENT OF AGRICULTURE IN COORDINATION WITH THE STATE ENERGY OFFICE; TO ADD CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT", PROVIDING FOR DEFINITIONS OF "TEXTILE MILL", "TEXTILE MILL SITE", AND "NOTICE OF INTENT TO REHABILITATE", AND AN ENHANCED DEFINITION OF "REHABILITATION EXPENSES"; FOR TAX CREDITS AGAINST LOCAL PROPERTY TAXES OR STATE INCOME TAX AND CORPORATE LICENSE TAX, IN ADDITION TO THE TAX CREDIT FOR EXPENSES INCURRED IN THE REHABILITATION OF A HISTORIC STRUCTURE; FOR THE AMOUNT OF THE CREDITS AND PROCESSES FOR CLAIMING THEM INCLUDING REQUIREMENT OF FILING A NOTICE OF INTENT TO REHABILITATE; TO REPEAL CHAPTER 32 OF TITLE 6 RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT; TO ADD CHAPTER 66 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITY REVITALIZATION ACT", PROVIDING FOR DEFINITIONS OF "RETAIL FACILITY", "RETAIL FACILITY SITE", AND "NOTICE OF INTENT TO REHABILITATE", AND AN ENHANCED DEFINITION OF "REHABILITATION EXPENSES"; FOR TAX CREDITS AGAINST LOCAL PROPERTY TAXES OR STATE INCOME TAX AND CORPORATE LICENSE TAX, IN ADDITION TO THE TAX CREDIT FOR EXPENSES INCURRED IN THE REHABILITATION OF A HISTORIC STRUCTURE; FOR THE AMOUNT OF THE CREDITS AND PROCESSES FOR CLAIMING THEM INCLUDING REQUIREMENT OF FILING A NOTICE OF INTENT TO REHABILITATE; TO REPEAL CHAPTER 34 OF TITLE 6 RELATING TO THE SOUTH CAROLINA RETAIL FACILITY REVITALIZATION ACT; TO ADD CHAPTER 68 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT; TO EXEMPT FROM THE ADMISSIONS LICENSE TAX FOR THE FIVE YEARS BEGINNING JULY 1, 2008, ALL PAID ADMISSIONS TO A MOTORSPORTS ENTERTAINMENT COMPLEX AND TO DEFINE MOTORSPORTS ENTERTAINMENT COMPLEX; TO AMEND SECTIONS 4-12-30 AND 4-29-67, BOTH AS AMENDED, RELATING TO FEES IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF REPLACEMENT PROPERTY, TO REVISE FEE FILING REQUIREMENTS AND PROVIDE A CIVIL PENALTY FOR VIOLATIONS, TO PROVIDE FURTHER FOR PROPERTY ELIGIBLE FOR THE FEE; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE HEADQUARTERS INCOME TAX CREDIT, SO AS TO REVISE DEFINITIONS RELATING TO ENTITIES ELIGIBLE FOR THE CREDIT; TO AMEND SECTIONS 12-44-30, 12-44-50, 12-44-60, 12-44-90, AND 12-44-110, ALL AS AMENDED, RELATING TO DEFINITIONS, FEE AGREEMENTS, REPLACEMENT PROPERTY, FILING OF RETURNS AND PAYMENTS, AND PROPERTY INELIGIBLE FOR FEES IN LIEU OF TAX AND EXCEPTIONS THERETO, FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997, SO AS TO PROVIDE THAT THE BENEFITS OF TAX EXEMPTIONS AND THE FEE AGREEMENT ENDS AFTER THE TERMINATION DATE, TO PROVIDE FOR THE TREATMENT OF REPLACEMENT PROPERTY, TO REVISE FEE FILING REQUIREMENTS AND PROVIDE A CIVIL PENALTY FOR VIOLATIONS, AND TO PROVIDE FURTHER FOR PROPERTY ELIGIBLE FOR THE FEE; TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO A TAX CREDIT FOR ETHANOL AND BIODIESEL PRODUCTION FACILITIES, SECTION 12-6-3610, AS AMENDED, RELATING TO A TAX CREDIT FOR THE USE OF PROPERTY IN CONNECTION WITH DISTRIBUTION OR DISPENSING OF RENEWABLE FUEL, SECTION 12-6-3620, AS AMENDED, RELATING TO A TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF EQUIPMENT TO PRODUCE ENERGY FROM BIOMASS RESOURCES, AND SECTION 12-6-3631, RELATING TO A TAX CREDIT FOR BIODIESEL RESEARCH AND DEVELOPMENT EXPENDITURES, ALL SO AS TO PROVIDE FOR THE QUALIFICATION FOR THE CREDITS, THE PROCESSES FOR CLAIMING THE CREDITS FOR THE PREVIOUS CALENDAR YEAR, CLARIFICATION AND DEFINITION OF ADDITIONAL TERMS, AND EFFECTS OF REPEALS OF THE CREDIT CAPS, AND TO DELETE THE CAP ON THE CREDIT IN CONNECTION WITH DISTRIBUTION AND DISPENSING OF RENEWABLE FUEL; TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH MOTOR FUELS SUBJECT TO USER FEES, SO AS TO ADD FUEL GRADE ETHANOL; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO IMPOSITION OF THE USER FEE ON MOTOR FUELS, SO AS TO INCLUDE FUEL GRADE ETHANOL; TO AMEND SECTION 12-28-710, RELATING TO EXEMPTION FROM THE USER FEE ON MOTOR FUEL, SO AS TO EXCLUDE THE EXEMPTION FOR KEROSENE AND DIESEL FUEL WHEN THEY ARE USED TO PROPEL A VEHICLE ON THE HIGHWAY; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUND CLAIMS, SO AS TO FURTHER PROVIDE FOR THE CLAIM PROCESS; TO AMEND SECTION 12-28-905, AS AMENDED, RELATING TO THE USER FEE ON FUELS IMPORTED TO THIS STATE, SO AS TO DELETE REFERENCES TO FUEL IMPORTED BY A LICENSED OCCASIONAL IMPORTER AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-28-925, AS AMENDED, RELATING TO COLLECTION OF THE USER FEE BY CERTAIN SELLERS, SO AS TO DELETE REFERENCE TO A BONDED IMPORTER; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO DIVERSION OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO PROVIDE TIME REQUIREMENTS FOR A LICENSED OR UNLICENSED IMPORTER FOR NOTIFYING THE STATE OF THE DIVERSION AND PAYING THE FEE TO THE STATE, TO DELETE REFERENCES TO REGULATIONS ESTABLISHING THOSE REQUIREMENTS FOR LICENSED IMPORTERS, AND TO DELETE PROVISIONS FOR SUPPLIERS TO ASSUME THE LIABILITY OF IMPORTERS OR CLAIMS OF EXPORTERS; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO LIABILITY OF CERTAIN VENDORS OF MOTOR FUELS SUBJECT TO THE USER FEE FOR THE UNPAID FEE, SO AS TO PROVIDE FOR PAYMENT OF THE FEE; TO AMEND SECTION 12-28-1125, AS AMENDED, RELATING TO IMPORTERS' LICENSES, SO AS TO DELETE REFERENCE TO AN OCCASIONAL IMPORTER'S LICENSE AND TO REDUCE THE FEE FOR A BONDED IMPORTER'S LICENSE; TO AMEND SECTION 12-28-1130, AS AMENDED, RELATING TO TANK WAGON IMPORTERS OF MOTOR FUEL, SO AS TO DELETE THE EXEMPTION FOR AN IMPORTER OTHERWISE LICENSED AS AN IMPORTER; TO AMEND SECTION 12-28-1139, AS AMENDED, RELATING TO LICENSING OF PERSONS LIABLE FOR THE USER FEE, SO AS TO PROVIDE FOR A BLENDER/VENDOR LICENSE AND A MANUFACTURER'S LICENSE; TO AMEND SECTION 12-28-1155, AS AMENDED, RELATING TO BONDING OF SUPPLIERS OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO EXEMPT CERTAIN VENDORS AND MANUFACTURERS FROM THE BONDING REQUIREMENT; TO AMEND SECTION 12-28-1300, AS AMENDED, RELATING TO REPORTING REQUIREMENTS, SO AS TO DELETE REFERENCE TO A CUSTOMER'S USER FEE LIABILITY; TO AMEND SECTION 12-28-1310, AS AMENDED, RELATING TO VERIFIED STATEMENTS FILED BY LICENSED BONDED IMPORTERS, SO AS TO FURTHER PROVIDE FOR THE INFORMATION REQUIRED; TO AMEND SECTION 12-28-1370, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-28-1390, AS AMENDED, RELATING TO A VENDOR OF FUELS NOT SUBJECT TO THE USER FEE, AND TO ADD SECTIONS 12-28-1396 AND 12-28-1397, ALL SO AS TO PROVIDE FOR THE TIME REQUIREMENTS FOR REPORTING AND PAYING THE USER FEE; TO AMEND SECTIONS 12-28-1535, 12-28-1540, 12-28-1545, 12-28-1720, AND 12-28-1730, ALL AS AMENDED, AND ALL RELATING TO RESTRICTIONS ON SELLING, USING, DELIVERING, STORING, OR IMPORTING MOTOR FUELS SUBJECT TO THE USER FEE, ALL SO AS TO PROVIDE FOR CIVIL PENALTIES AND TO DELETE CRIMINAL PENALTIES EXCEPT AS TO NONPAYMENT OF THE USER FEE OVER TO THE STATE; TO REPEAL SECTION 12-28-1305 RELATING TO THE LICENSED OCCASIONAL IMPORTER; TO ADD SECTION 12-59-85 SO AS TO PROVIDE THAT A FORFEITED LAND COMMISSION MAY REFUSE TO ACCEPT TITLE TO PROPERTY BID ON BY THE COUNTY AUDITOR; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY EXEMPTED FROM TAXATION IN THIS STATE, SO AS TO EXEMPT A MOBILE HOME WORTH LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-37-714, AS AMENDED, RELATING TO PROPERTY TAXATION OF A BOAT FOR THE TIME PERIOD IN WHICH IT IS LOCATED IN THIS STATE, SO AS TO REVISE THE TIME PERIODS; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REGISTRATION OF A LICENSED VEHICLE IN ANOTHER STATE, SO AS TO PROVIDE FOR A RECEIPT FORM TO SUBSTITUTE FOR RETURN OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE TO THIS STATE; TO AMEND SECTION 12-39-220, RELATING TO ASSESSMENT OF REAL ESTATE OMITTED FROM A DUPLICATE OR RETURN, SO AS TO INCLUDE PERSONAL PROPERTY; TO AMEND SECTION 12-51-50, AS AMENDED, RELATING TO SALE OF PROPERTY AT A TAX SALE, SO AS TO PROVIDE THAT THE SALE OCCUR ON AN ADVERTISED DATE AND TO DELETE THE REQUIREMENT OF REGULAR HOURS; TO AMEND SECTION 12-51-70, RELATING TO A DEFAULTING BIDDER IN A TAX SALE, SO AS TO INCREASE HIS LIABILITY FROM THREE HUNDRED TO ONE THOUSAND DOLLARS; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES, SO AS TO PROVIDE FOR A TIME LIMITATION FOR ASSESSMENT OF TAXES OR FEES FOR PROPERTY OMITTED FROM A DUPLICATE OR RETURN; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO SPECIFICALLY DESCRIBE ACTIVITIES THAT CONSTITUTE "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO A LICENSED PREMISES "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS", SO AS TO ADD DEFINITIONS AND TO PROVIDE FOR DISPLAY OF THE LICENSE; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO A FIFTY-TWO WEEK TEMPORARY PERMIT, SO AS TO PROVIDE FOR A PRORATED REFUND UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO INCLUDE THE IRC AS AMENDED THROUGH 2007; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF SOUTH CAROLINA GROSS INCOME, SO AS TO EXCLUDE TIER III RAILROAD RETIREMENT BENEFITS; TO AMEND SECTION 12-28-955, RELATING TO RETAINING A PORTION OF THE USER FEE FOR ADMINISTRATIVE COSTS, SO AS TO DELETE THE RETENTION IN FAVOR OF REQUESTING A REFUND FROM THE DEPARTMENT OF REVENUE IN SPECIFIED AMOUNTS FOR EXPENSES OR ANNUAL ADMINISTRATIVE COSTS; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO MODIFY A CROSS REFERENCE IN THE DEFINITION OF "SPONSOR"; TO ADD SECTION 12-45-17 SO AS TO REQUIRE ANNUAL CONTINUING EDUCATION TRAINING FOR COUNTY TAX COLLECTORS; AND TO AMEND SECTION 12-54-70, AS AMENDED, RELATING TO EXTENSIONS OF TIME FOR THE FILING OF TAX RETURNS OR PAYMENT OF TAXES DUE, SO AS TO CONFORM THE EXTENSION TO THE CORRESPONDING FEDERAL EXTENDED TIME PERIOD.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3514 (Word version) -- Reps. Harrell, Toole, Pinson, Dantzler, Hayes, Leach, J. R. Smith and Witherspoon: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4883 (Word version) -- Reps. Barfield, Clemmons, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4927 (Word version) -- Reps. Littlejohn, Kirsh, Brantley, Clyburn, Cobb-Hunter, Davenport, Haskins, Hodges, Hosey, Loftis, Moss, J. R. Smith, Barfield and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A REFUNDABLE INCOME TAX CREDIT TO A RECYCLING FACILITY EQUAL TO THE YEARLY AMOUNT EXPENDED BY THE RECYCLING FACILITY FOR ELECTRIC SERVICE MULTIPLIED BY ONE PERCENT IN THE FIRST YEAR THE CREDIT IS CLAIMED, TWO PERCENT IN THE SECOND YEAR, AND INCREASING BY TWO PERCENT IN THE YEARS UP TO A MAXIMUM OF EIGHT PERCENT, AND TO PROVIDE THAT THE CREDIT IS ALLOWED ONLY IF THE ANNUAL FEBRUARY FIFTEENTH FORECAST BY THE BOARD OF ECONOMIC ADVISORS OF ANNUAL GENERAL FUND REVENUE FORECASTS GROWTH THAT EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUES.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4942 (Word version) -- Reps. Cotty, Clemmons, Hagood, E. H. Pitts, Sandifer, Brady, Erickson, Huggins and Haskins: A BILL TO AMEND SECTION 12-37-3140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO POSTPONE THE IMPLEMENTATION OF THE TRANSFER VALUE OF A PARCEL OF REAL PROPERTY UNIMPROVED SINCE THE LAST COUNTYWIDE REASSESSMENT PROGRAM UNTIL THE TIME OF IMPLEMENTATION OF THE NEXT COUNTYWIDE REASSESSMENT PROGRAM AND TO REQUIRE THE FIFTEEN PERCENT LIMIT ON INCREASES IN VALUE TO BE CALCULATED SEPARATELY ON LAND AND IMPROVEMENTS; TO AMEND SECTION 12-37-3150, AS AMENDED, RELATING TO THE TIME AN ASSESSABLE TRANSFER OF INTEREST OCCURS, SO AS TO REVISE THE PENALTY FOR FAILURE TO PROVIDE NOTICE OR FAILURE TO PROVIDE ACCURATE NOTICE TO THE ASSESSING AUTHORITY OF BUSINESS ENTITY TRANSFERS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REQUIRE THE DEED TO PROPERTY HELD IN TRUST TO RECITE THE NAME OF THE BENEFICIARY FOR THE PROPERTY TO QUALIFY AS THE BENEFICIARY'S LEGAL RESIDENCE AND REQUIRE SOCIAL SECURITY NUMBERS OF APPLICANTS FOR THE LEGAL RESIDENCE ASSESSMENT RATIO; AND TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, SO AS TO REVISE THE REQUIREMENT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4499 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-60-2545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF REASONABLE ATTORNEY'S FEES IF A TAXPAYER PREVAILS IN THE ASSESSOR'S DENIAL OF AGRICULTURAL USE VALUE OF REAL PROPERTY AND A FINDING BY THE ADMINISTRATIVE LAW COURT THAT THE ASSESSOR'S ACTION WAS UNREASONABLE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO BOTH THE DENIAL OF AN APPLICATION FOR AGRICULTURAL USE VALUE AND AN ACTION BY THE ASSESSOR TO REMOVE REAL PROPERTY FROM THAT STATUS, TO PROVIDE FOR THE PAYMENT OF EXPENSES PLUS ATTORNEY'S FEES, TO PROVIDE FOR THIS REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES AFTER THE TAXPAYER PREVAILS IN ANY FINAL APPEAL OF THE CONTESTED CASE, AND TO ELIMINATE THE REQUIRED FINDING THAT THE ASSESSOR'S DECISION WAS NOT REASONABLE.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:
H. 4568 (Word version) -- Reps. Rice and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-15-130 SO AS TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO SUBMIT AN ESTIMATE OF THE COST OF AN AUDIT AT LEAST THIRTY DAYS BEFORE THE START OF THE AUDIT TO THE PARTY REQUESTING THE AUDIT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4797 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO PROHIBIT A MUNICIPALITY OR COUNTY FROM IMPOSING A FEE OR SEEKING REIMBURSEMENT OF COSTS OR EXPENSES INCURRED AS A RESULT OF RESPONDING TO A MOTOR VEHICLE ACCIDENT.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4305 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 47 SO AS TO CREATE THE "SOUTH CAROLINA EQUINE PROMOTION ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO ESTABLISH A PROMOTION BOARD AND SPECIFY ITS RESPONSIBILITIES, COMPOSITION, AND METHOD OF SELECTING BOARD MEMBERS; TO CREATE THE EQUINE PROMOTION FUND TO PROMOTE THE EQUINE INDUSTRY; TO PROVIDE MONEY FOR THE EQUINE PROMOTION FUND BY IMPOSING AN ASSESSMENT ON CERTAIN COMMERCIAL FEED AND CUSTOM BLENDS; AND TO REQUIRE PERIODIC AUDITS OF THE EQUINE PROMOTION FUND; AMONG OTHER THINGS.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4672 (Word version) -- Reps. White and Duncan: 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 FORWARD FROM JULY 1, 2011, TO JULY 1, 2008, THE EXEMPTION ALLOWED FOR CONSTRUCTION MATERIALS USED IN THE CONSTRUCTION OR EXPANSION OF A MANUFACTURING OR DISTRIBUTION FACILITY AND TO REDUCE FROM ONE HUNDRED MILLION TO FIFTY MILLION DOLLARS THE MINIMUM INVESTMENT REQUIRED TO RECEIVE THE EXEMPTION; TO AMEND ACT 384 OF 2006, RELATING TO MISCELLANEOUS REVENUE PROVISIONS, SO AS TO CONFORM A PHASE-IN PROVISION FOR THE CONSTRUCTION MATERIALS SALES TAX EXEMPTION AMENDMENT IN THIS ACT; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE DEFINITION OF MANUFACTURING PROPERTY WITH RESPECT TO WAREHOUSING AND DISTRIBUTION FACILITIES OWNED OR LEASED BY A MANUFACTURER.
Ordered for consideration tomorrow.
Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4773 (Word version) -- Reps. W. D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS, INFORMATION TECHNOLOGY UPGRADES AND EQUIPMENT FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.
Ordered for consideration tomorrow.
Rep. SCARBOROUGH, from the Charleston Delegation, submitted a favorable report on:
H. 4565 (Word version) -- Reps. Harrell, Scarborough, Merrill, Hagood and Limehouse: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO NAME THE CHARLESTON COUNTY EMPLOYMENT SECURITY OFFICE BUILDING ON LOCKWOOD BOULEVARD THE "J. GRAHAM ALTMAN BUILDING" AND TO PROVIDE APPROPRIATE SIGNAGE FOR THE BUILDING.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4980 (Word version) -- Reps. Herbkersman, Merrill, E. H. Pitts, Cato, Bedingfield, Haskins, Walker, D. C. Smith, J. R. Smith, Barfield, Crawford, Davenport, Lowe, Rice, Simrill, G. R. Smith and Young: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4451 (Word version) -- Reps. Ballentine and Walker: A BILL TO AMEND SECTIONS 59-112-10, 59-113-20, AS AMENDED, 59-115-20, 59-149-20, 59-150-20, AND 59-150-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND QUALIFICATIONS TO RECEIVE STATE AID FOR EDUCATION, ALL SO AS TO REVISE DEFINITIONS TO EXCLUDE PERSONS WHO ARE NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ELIGIBILITY TO RECEIVE STATE AID FOR EDUCATION.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4697 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION AND USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3797 (Word version) -- Rep. Chalk: A BILL TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN "IN-HOME CARE SERVICE PROVIDER"; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN "IN-HOME CARE SERVICE PROVIDER".
Ordered for consideration tomorrow.
The following was introduced:
H. 5037 (Word version) -- Rep. Funderburk: A HOUSE RESOLUTION TO URGE THE UNITED STATES CONGRESS TO APPOINT AN INDEPENDENT COUNSEL TO INVESTIGATE THE PRISONER OF WAR - MISSING IN ACTION ISSUE REGARDING UNRESOLVED MATTERS PERTAINING TO UNITED STATES PERSONNEL UNACCOUNTED FOR FROM THIS NATION'S WARS AND CONFLICTS BEGINNING WITH WORLD WAR II.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HARVIN, with unanimous consent, the following was taken up for immediate consideration:
H. 5038 (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, Daning, 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 HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 23, 2008, FOR A MEETING OF THE ASSOCIATION.
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, authorize the South Carolina Independent Schools Student Association to use the House chamber on Tuesday, September 23, 2008, for a meeting of the association. If the House is in statewide session or if the House chamber is otherwise unavailable, the House chamber may not be used on those dates.
Be it further resolved that the use of the chamber by the South Carolina Independent Schools Student Association must be in strict accordance with policies and the Rules of the House of Representatives.
Be it further resolved that the Office of the Sergeant at Arms of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures of the Rules of the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to the president of the South Carolina Independent Schools Student Association and to House of Representatives Sergeant at Arms Mitchell G. Dorman.
The Resolution was adopted.
The following was introduced:
H. 5039 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, 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, 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, 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 HONOR MRS. BARBARA VIRGINIA GREGG OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 5040 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-186 SO AS TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF RESTRICTIONS IMPOSED ON A DRIVER'S LICENSE ISSUED PURSUANT TO SECTION 56-1-50, 56-1-175, OR 56-1-180 IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE FINED NOT MORE THAN THREE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN THIRTY DAYS, THE COURT MAY SUSPEND ALL OR PART OF THE SENTENCE CONDITIONED UPON THE OFFENDER COMPLETING, TO THE SATISFACTION OF THE COURT, COMMUNITY SERVICE, PUBLIC SERVICE, OR A SAFE DRIVING COURSE, TO PROVIDE ENHANCED PENALTIES IF GREAT BODILY INJURY RESULTED FROM AN ACCIDENT THAT OCCURRED IN CONJUNCTION WITH A VIOLATION OF THE RESTRICTIONS; AND BY ADDING SECTION 56-1-187 SO AS TO PROVIDE THAT A PARENT OR GUARDIAN MAY NOT KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE IN VIOLATION OF HIS DEPENDENT'S DRIVER'S LICENSE RESTRICTIONS OR TO KNOWINGLY PERMIT HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, AND TO PROVIDE PENALTIES FOR A VIOLATION.
Referred to Committee on Judiciary
H. 5044 (Word version) -- Reps. Edge and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 37 SO AS TO ENACT THE "SOUTH CAROLINA CHILD SAFE PRODUCT ACT" TO PROHIBIT THE SALE OF CHILDREN'S PRODUCTS OR COMPONENTS THAT CONTAIN SPECIFIED AMOUNTS OF CADMIUM, PHTHALATES, OR LEAD, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IDENTIFY CHEMICALS THAT ARE OF HIGH CONCERN TO THE HEALTH OF CHILDREN AND DEVELOPING FETUSES, TO PROVIDE THAT MANUFACTURERS OF CHILDREN'S PRODUCTS THAT CONTAIN SUCH CHEMICALS MUST PROVIDE NOTICE TO THE DEPARTMENT AND TO RETAILERS WHO SELL THESE PRODUCTS, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PRODUCT SAFETY EDUCATION CAMPAIGN, TO PROVIDE FOR PENALTIES FOR VIOLATION OF THIS CHAPTER, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Judiciary
H. 5045 (Word version) -- Reps. Miller, Harvin, Kennedy, Anderson, Battle, Brady, G. Brown, Gambrell, Gullick, Mitchell, Phillips, Sandifer, Scarborough, Stavrinakis, Williams and Young: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF CAMPAIGN PRACTICES, SO AS TO PROVIDE THAT ANYTHING OF VALUE GIVEN TO MAKE COMMUNICATIONS MORE THAN FORTY-FIVE DAYS BEFORE AN ELECTION TO INFLUENCE THE OUTCOME OF AN ELECTED OFFICE IS SUBJECT TO THE PROVISIONS OF SECTIONS 8-13-1302 AND 8-13-1308.
Referred to Committee on Judiciary
The following was introduced:
H. 5041 (Word version) -- Rep. Loftis: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE ROBIN S. MILL, ASSISTANT PRINCIPAL OF BEREA MIDDLE SCHOOL FOR HER DEDICATION AND HARD WORK AS AN EDUCATOR AND TO CONGRATULATE HER FOR BEING SELECTED THE 2008 MIDDLE LEVEL ASSISTANT PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Resolution was adopted.
The following was introduced:
H. 5042 (Word version) -- Reps. Hart and Scott: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LEGENDARY GOSPEL SINGERS KNOWN AS THE SIX VOICES OF ZION, AND TO WELCOME THIS SOUTH CAROLINA TREASURE TO BETHLEHEM BAPTIST CHURCH ON APRIL 20, 2008.
The Resolution was adopted.
On motion of Rep. HUTSON, with unanimous consent, the following was taken up for immediate consideration:
H. 5043 (Word version) -- Reps. Hutson, 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, Daning, 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, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE THE FOURTH SATURDAY IN APRIL AS CITIZENS REMEMBRANCE DAY, TO BE OBSERVED ANNUALLY IN HONOR AND MEMORY OF VICTIMS OF FATAL MOTOR VEHICLE CRASHES.
Whereas, the mileage death rate on South Carolina highways exceeds the national average by forty-seven percent, with more than two people killed for every one hundred million miles of travel; and
Whereas, the population of South Carolina represents 1.4 percent of the United States' population, yet South Carolina traffic fatalities represent 2.4 percent of all American traffic fatalities; and
Whereas, one traffic fatality is reported on South Carolina's highways approximately every eight hours and twenty minutes, with one thousand forty-four traffic fatalities reported in the Palmetto State during 2006; and
Whereas, during the past ten years, 10,468 people have died in traffic crashes on South Carolina highways; and
Whereas, the economic cost of traffic fatalities exceeds two billion dollars per year, in addition to the intangible costs of grief and suffering borne by the families involved; and
Whereas, it is important to memorialize the victims of highway tragedies and to acknowledge and support the grief of their loved ones; and
Whereas, this day of remembrance focuses public attention on the need to drive safely, courteously, and defensively to prevent similar future tragedies. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, designate the fourth Saturday in April as Citizens Remembrance Day, to be observed annually in honor and memory of victims of fatal motor vehicle crashes.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and the South Carolina Department of Public Safety.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anderson Bales Ballentine Bannister Barfield Battle Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrison Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Kelly Kennedy Kirsh Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Walker White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, April 17.
Mike Anthony Fletcher Smith Ralph Davenport Chris Hart Joe Daning Patsy Knight H. B. "Chip" Limehouse Joseph Neal Harry Ott Lewis E. Pinson Ted Vick Jackson "Seth" Whipper William R. "Bill" Whitmire Terry Alexander William Bowers Douglas Jennings Jerry Govan Todd Rutherford Chip Huggins David Weeks Bakari Sellers
The SPEAKER PRO TEMPORE granted Rep. HARRELL a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. UMPHLETT a leave of absence due to family medical reasons.
The SPEAKER PRO TEMPORE granted Rep. BEDINGFIELD a leave of absence due to illness.
The SPEAKER PRO TEMPORE granted Rep. MOODY-LAWRENCE a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. OWENS a leave of absence for the remainder of the day.
Rep. HUTSON presented to the House the Pinewood Preparatory School "Panthers" Boys Basketball Team, the South Carolina Independent School Association Class AAA Champions, their coaches and other school officials.
Rep. HUTSON presented to the House the Summerville High School "Green Wave" Varsity Boys Basketball Team, the 2008 Class AAAA Champions, their coaches and other school officials.
Rep. HUTSON presented to the House the Summerville High School "Green Wave" Varsity Wrestling Team, the 2008 Class AAAA Champions, their coaches and other school officials.
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. 4833 (Word version)
Date: ADD:
04/17/08 HUTSON
Bill Number: H. 4538 (Word version)
Date: ADD:
04/17/08 WHIPPER
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/17/08 M. A. PITTS
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/17/08 GULLICK
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/17/08 BOWEN
Bill Number: H. 4460 (Word version)
Date: REMOVE:
04/17/08 HAMILTON
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY EXEMPTING THE LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM.
S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTIONS 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3740 (Word version) -- Reps. Rutherford and McLeod: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
H. 4930 (Word version) -- Reps. G. M. Smith, Cato and Bannister: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
H. 5015 (Word version) -- Reps. Gambrell, Cooper, Bowen, Thompson, Agnew and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 5021 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
H. 5012 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
H. 5000 (Word version) -- Reps. Moss, Harrell, Agnew, Bowers, Chalk, Gullick, Hardwick, Harvin, Haskins, Kelly, Kirsh, Littlejohn, Lowe and Mahaffey: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE PARK RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, April 22, which was adopted:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
The following Bill was taken up:
H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\ 22091AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The purposes of the Interstate Insurance Product Regulation Compact are, through means of joint and cooperative action among the compacting states to:
(1) promote and protect the interests of consumers of individual and group annuity, life insurance, disability income, and long-term care insurance products;
(2) develop uniform standards for insurance products covered under the compact;
(3) establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, advertisements related to them, submitted by insurers authorized to do business in one or more compacting states;
(4) give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;
(5) improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the compact;
(6) create the Interstate Insurance Product Regulation Commission; and
(7) perform these and other related functions consistent with the state regulation of the business of insurance.
SECTION 2. Title 38 of the 1976 Code is amended by adding:
Section 38-95-10. This chapter may be cited as the 'Interstate Insurance Product Regulation Compact'.
Section 38-95-20. For purposes of this chapter:
(1) 'Advertisement' means a material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace, or retain a policy, as more specifically defined in the Rules and Operating Procedures of the commission.
(2) 'Bylaws' mean those bylaws established by the commission for its governance, or for directing or controlling the commission's actions or conduct.
(3) 'Compacting state' means a state that has enacted this compact legislation and which has not withdrawn pursuant to Section 38-95-140(A), or been terminated pursuant to Section 38-95-140(B).
(4) 'Commission' means the 'Interstate Insurance Product Regulation Commission' established by this compact.
(5) 'Commissioner' means the chief insurance regulatory official of a state including, but not limited to, commissioner, superintendent, director, or administrator.
(6) 'Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry.
(7) 'Insurer' means an entity licensed by a state to issue contracts of insurance for any of the lines of insurance covered by this chapter.
(8) 'Member' means the person chosen by a compacting state as its representative to the commission, or his designee.
(9) 'Noncompacting state' means a state that is not at the time a compacting state.
(10) 'Operating Procedures' mean procedures adopted by the commission implementing a rule, uniform standard, or a provision of this chapter.
(11) 'Product' means the form of a policy or contract, for an individual or group annuity, life insurance, disability income, or long-term care insurance product that an insurer is authorized to issue including any application, endorsement, or related form that is attached to and made a part of the policy or contract and any evidence of coverage or certificate.
(12) 'Rule' means a statement of general or particular applicability and future effect adopted by the commission, including a uniform standard developed pursuant to Section 38-95-70, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the commission, that has the force and effect of law in the compacting states.
(13) 'State' means a state, district, or territory of the United States of America.
(14) 'Third-party filer' means an entity that submits a product filing to the commission on behalf of an insurer.
(15) 'Uniform standard' means a standard adopted by the commission for a product line, pursuant to Section 38-95-70, and includes all of the product requirements in aggregate. Each uniform standard must be construed, whether express or implied, to prohibit the use of any inconsistent, misleading, or ambiguous provisions in a product and the form of the product made available to the public must not be unfair, inequitable, or against public policy as determined by the commission.
Section 38-95-30. (A) The compacting states are created and established as a joint public agency known as the 'Interstate Insurance Product Regulation Commission'. Pursuant to Section 38-95-40, the commission has the power to develop uniform standards for product lines, receive and provide prompt review of products filed with it, and give approval to those product filings satisfying applicable uniform standards. It is not intended that the commission be the exclusive entity for receipt and review of insurance product filings. This chapter does not prohibit an insurer from filing its product in a state in which the insurer is licensed to conduct the business of insurance, and that filing is subject to the laws of the state where filed.
(B) The commission is a body corporate and politic, and an instrumentality of the compacting states.
(C) The commission is solely responsible for its liabilities except as otherwise specifically provided by this chapter.
(D) Venue is proper and judicial proceedings by or against the commission may be brought only and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
Section 38-95-40. The commission is empowered to:
(1) adopt rules, pursuant to Section 38-95-70, which have the force and effect of law and are binding in the compacting states to the extent and in the manner provided by this chapter;
(2) exercise its rule-making authority and establish reasonable uniform standards for products pursuant to the provisions of this chapter, and advertisement related to them, which have the force and effect of law and are binding in the compacting states, but only for those products filed with the commission, except that a compacting state has the right to opt out of a uniform standard pursuant to Section 38-95-70 to the extent and in the manner provided by this chapter, and, except that any uniform standard established by the commission for long-term care insurance products may provide the same or greater protections for consumers as, but may not provide less than, those protections set forth in the National Association of Insurance Commissioners' Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The commission shall consider whether subsequent amendments to the NAIC Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the NAIC require amending of the uniform standards established by the commission for long-term care insurance products;
(3) receive and review in an expeditious manner products filed with the commission and rate filings for disability income and long-term care insurance products, and give approval of those products and rate filings that satisfy the applicable uniform standard, which approval has the force and effect of law and is binding on the compacting states to the extent and in the manner provided by this chapter;
(4) receive and review in an expeditious manner advertisement relating to long-term care insurance products for which uniform standards have been adopted by the commission, and give approval to all advertisement that satisfies the applicable uniform standard. For a product covered under this compact, other than long-term care insurance products, the commission may require an insurer to submit all or a part of its advertisement with respect to that product for review or approval before use, if the commission determines that the nature of the product is such that an advertisement of the product has the capacity or tendency to mislead the public. The actions of the commission as provided in this section have the force and effect of law and are binding in the compacting states to the extent and in the manner provided by this chapter;
(5) exercise its rule-making authority and designate products and advertisement that may be subject to a self-certification process without the need for prior approval by the commission;
(6) adopt operating procedures, pursuant to Section 38-95-70, which are binding in the compacting states to the extent and in the manner provided by this chapter;
(7) bring and prosecute legal proceedings or actions in its name as the commission, except that the standing of a state insurance department to sue or be sued under applicable law is not affected;
(8) issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence;
(9) establish and maintain offices;
(10) purchase and maintain insurance and bonds;
(11) borrow, accept, or contract for services of personnel including, but not limited to, employees of a compacting state;
(12) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties, and give them appropriate authority to carry out the purposes of the compact, and determine their qualifications; and to establish the commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(13) accept appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; except that the commission shall strive to avoid the appearance of impropriety;
(14) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; except that the commission shall strive to avoid the appearance of impropriety;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of property, real, personal, or mixed;
(16) remit filing fees to compacting states as may be set forth in the bylaws, rules, or operating procedures;
(17) enforce compliance by compacting states with rules, uniform standards, operating procedures, and bylaws;
(18) provide for dispute resolution among compacting states;
(19) advise compacting states on issues relating to insurers domiciled or doing business in noncompacting jurisdictions, consistent with the purposes of this chapter;
(20) provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments;
(21) establish a budget and make expenditures;
(22) borrow money;
(23) appoint committees, including advisory committees composed of members, state insurance regulators, state legislators or their representatives, insurance industry, and consumer representatives, and other interested persons designated in the bylaws;
(24) provide and receive information from, and to cooperate with, law enforcement agencies;
(25) adopt and use a corporate seal; and
(26) perform other functions necessary or appropriate to achieve the purposes of this chapter consistent with the state regulation of the business of insurance.
Section 38-95-50. (A)(1) Each compacting state has and is limited to one member. Each member is qualified to serve in that capacity pursuant to applicable law of the compacting state. A member may be removed or suspended from office as provided by the law of the state from which he is appointed. A vacancy occurring in the commission must be filled in accordance with the laws of the compacting state in which the vacancy exists. Nothing in this section may be construed to affect the manner in which a compacting state determines the election or appointment and qualification of its own commissioner.
(2) Each member is entitled to one vote and has an opportunity to participate in the governance of the commission in accordance with the bylaws. Notwithstanding a provision in this section, an action of the commission with respect to the promulgation of a uniform standard is not effective unless two-thirds of the members vote in favor of it.
(3) The commission, by a majority of the members, shall prescribe bylaws to govern its conduct as necessary or appropriate to carry out the purposes and exercise the powers of the compact including, but not limited to:
(a) establishing the fiscal year of the commission;
(b) providing reasonable procedures for appointing and electing members, as well as holding meetings of the management committee;
(c) providing reasonable standards and procedures:
(i) for the establishment and meetings of other committees; and
(ii) governing any general or specific delegation of any authority or function of the commission;
(d) providing reasonable procedures for calling and conducting meetings of the commission requiring a majority of commission members, ensuring reasonable advance notice of each meeting, and providing for the right of citizens to attend each meeting, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and insurers' proprietary information, including trade secrets. The commission may meet in camera only after a majority of the entire membership votes to close a meeting en toto or in part. As soon as practicable, the commission shall make public:
(i) a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed; and
(ii) votes taken during the meeting;
(e) establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission;
(f) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of a compacting state, the bylaws exclusively shall govern the personnel policies and programs of the commission;
(g) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and
(h) providing a mechanism for ending the operations of the commission and the equitable disposition of surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations, or both.
(4) The commission shall publish its bylaws in a convenient form and file a copy of them and a copy of an amendment to them, with the appropriate agency or officer in each of the compacting states.
(B)(1) A management committee made up of no more than fourteen members must be established as follows:
(a) one member from each of the six compacting states with the largest premium volume for individual and group annuities, life, disability income, and long-term care insurance products, determined from the records of the NAIC for the previous year;
(b) four members from those compacting states with at least two percent of the market based on the premium volume described in subitem (a), other than the six compacting states with the largest premium volume, selected on a rotating basis as provided in the bylaws; and
(c) four members from those compacting states with less than two percent of the market, based on the premium volume described in subitem (a), with one selected from each of the four zone regions of the NAIC as provided in the bylaws.
(2) The management committee has the authority and duties set forth in the bylaws including, but not limited to:
(a) managing the affairs of the commission in a manner consistent with the bylaws and purposes of the commission;
(b) establishing and overseeing an organizational structure within, and appropriate procedures for, the commission to provide for the creation of uniform standards and other rules, receipt and review of product filings, administrative and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a compacting state to opt out of a uniform standard. A uniform standard must not be submitted to the compacting states for adoption unless approved by two-thirds of the members of the management committee;
(c) overseeing the offices of the commission; and
(d) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations to advance the goals of the commission.
(3) The commission shall elect annually officers from the management committee, with each having the authority and duties as specified in the bylaws.
(4) The management committee, subject to the approval of the commission, may appoint or retain an executive director for a period, upon terms and conditions and for compensation as the commission considers appropriate. The executive director shall serve as secretary to the commission, but is not a member of the commission. The executive director shall hire and supervise other staff as authorized by the commission.
(C)(1) A legislative committee of state legislators or their designees must be established to monitor the operations of, and make recommendations to, the commission, including the management committee. The manner of selection and term of a legislative committee member must be as set forth in the bylaws. Before the adoption by the commission of a uniform standard, revision to the bylaws, annual budget, or other significant action as may be provided in the bylaws, the management committee shall consult with and report to the legislative committee.
(2) The commission shall establish two advisory committees, one of which is made up of consumer representatives independent of the insurance industry and the other being made up of insurance industry representatives.
(3) The commission may establish additional advisory committees as its bylaws may provide for the carrying out of its functions.
(D) The commission shall maintain its corporate books and records in accordance with the bylaws.
(E)(1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. Nothing in this item may be construed to protect a person from suit or liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities that the actual or alleged act, error, or omission did not result from that person's intentional or willful and wanton misconduct. Nothing in this item may be construed to prohibit that person from retaining his own counsel.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of a settlement or judgment obtained against that person arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct of that person.
Section 38-95-60. (A) The commission shall meet and take actions consistent with the provisions of this chapter and the bylaws.
(B) Each member of the commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by other means provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.
(C) The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws.
Section 38-95-70. (A) Rulemaking Authority. The commission shall adopt reasonable rules, including uniform standards and operating procedures, to effectively and efficiently achieve the purposes of this chapter. Notwithstanding another provision of law, if the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this chapter, or the powers granted pursuant to the provisions of this chapter, the action by the commission is invalid and has no force and effect.
(B) Rulemaking Procedure. Rules and operating procedures must be made pursuant to a rulemaking process that conforms to the Model State Administrative Procedures Act of 1981, as amended, as may be appropriate to the operations of the commission. Before the commission adopts a uniform standard, the commission shall give written notice to the relevant state legislative committee in each compacting state responsible for insurance issues of its intention to adopt the uniform standard. The commission in adopting a uniform standard shall consider fully all submitted materials and issue a concise explanation of its decision.
(C) Effective Date and Opt Out of a Uniform Standard. A uniform standard becomes effective ninety days after its adoption by the commission or at a later date as the commission may determine; except that a compacting state may opt out of a uniform standard as provided in this section. 'Opt out' is defined as any action by a compacting state to decline to adopt or participate in a uniform standard. All rules and operating procedures, and amendments to them, becomes effective as of the date specified in each rule, operating procedure, or amendment.
(D) Opt Out Procedure. (1) A compacting state may opt out of a uniform standard, either by legislation or regulation duly promulgated by the state's Insurance Department under the compacting state's administrative procedures act. If a compacting state elects to opt out of a uniform standard by regulation, it shall:
(a) give written notice to the commission no later than ten business days after the uniform standard is adopted, or at the time the State becomes a compacting State; and
(b) find that the uniform standard does not provide reasonable protections to the citizens of the State, given the conditions in the State. The commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the State which warrant a departure from the uniform standard and determining that the uniform standard would not reasonably protect the citizens of the State. The commissioner shall consider and balance the following factors and find that the conditions in the State and needs of the citizens of the State outweigh the intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the products subject to this chapter and the presumption that a uniform standard adopted by the commission provides reasonable protections to consumers of the relevant product.
(2) Notwithstanding another provision of law, a compacting state, at the time of the enactment of this chapter, prospectively may opt out of all uniform standards involving long-term care insurance products by expressly providing for the opt out in the enacted chapter, and the opt out must not be treated as a material variance in the offer or acceptance of a state to participate in this compact. An opt out is effective at the time of enactment of this chapter by the compacting state and applies to all existing uniform standards involving long-term care insurance products and those subsequently adopted.
(E) Effect of Opt Out. (1) If a compacting state elects to opt out of a uniform standard, the uniform standard remains applicable in the compacting state electing to opt out until the time the opt-out legislation is enacted into law or the regulation opting out becomes effective.
(2) Once the opt out of a uniform standard by a compacting state becomes effective as provided pursuant to the laws of that state, the uniform standard has no further force and effect in that state unless the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective pursuant to the laws of the state. If a compacting state opts out of a uniform standard after the uniform standard has been made effective in that state, the opt out has the same prospective effect as provided by Section 38-95-140 for withdrawals.
(F) Stay of Uniform Standard. If a compacting state has formally initiated the process of opting out of a uniform standard by regulation, and while the regulatory opt out is pending, the compacting state may petition the commission, at least fifteen days before the effective date of the uniform standard, to stay the effectiveness of the uniform standard in that state. The commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the commission, the stay or extension may postpone the effective date by up to ninety days, unless affirmatively extended by the commission. A stay may not be permitted to remain in effect for more than one year unless the compacting state shows extraordinary circumstances that warrant a continuance of the stay including, but not limited to, the existence of a legal challenge that prevents the compacting state from opting out. A stay may be terminated by the commission upon notice that the rulemaking process has been terminated.
(G) Not later than thirty days after a rule or operating procedure is adopted, a person may file a petition for judicial review of the rule or operating procedure. The filing of a petition does not stay or otherwise prevent the rule or operating procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the commission consistent with applicable law and may not find the rule or operating procedure to be unlawful if the rule or operating procedure represents a reasonable exercise of the commission's authority.
Section 38-95-80. (A) The commission shall adopt rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and records involving the privacy of individuals and insurers' trade secrets. The commission may adopt additional rules under which it may make available to federal and state agencies, including law enforcement agencies, records, and information otherwise exempt from disclosure, and may enter into agreements with agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(B) Except as to privileged records, data, and information, the laws of a compacting state pertaining to confidentiality or nondisclosure do not relieve a compacting state commissioner of the duty to disclose relevant records, data, or information to the commission. Disclosure to the commission does not waive or otherwise affect a confidentiality requirement. Except as otherwise expressly provided by this chapter, the commission is not subject to the compacting state's laws pertaining to confidentiality and nondisclosure with respect to records, data, and information in its possession. Confidential information of the commission remains confidential after the information is provided to a commissioner.
(C) The commission shall monitor compacting states for compliance with duly adopted bylaws, rules, including uniform standards, and operating procedures. The commission shall notify a noncomplying compacting state in writing of its noncompliance with commission bylaws, rules, or operating procedures. If a noncomplying compacting state fails to remedy its noncompliance within the time specified in the notice of noncompliance, the compacting state is deemed to be in default as provided in Section 38-95-140.
(D) The commissioner of a state in which an insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise his authority to oversee the market regulation of the activities of the insurer in accordance with the provisions of the state's law. The commissioner's enforcement of compliance with the compact is governed by the following provisions:
(1) with respect to the commissioner's market regulation of a product or advertisement that is approved or certified to the commission, the content of the product or advertisement does not constitute a violation of the provisions, standards, or requirements of the compact except upon a final order of the commission, issued at the request of a commissioner after prior notice to the insurer and an opportunity for hearing before the commission;
(2) before a commissioner may bring an action for violation of a provision, standard, or requirement of the compact relating to the content of an advertisement not approved or certified to the commission, the commission, or an authorized commission officer or employee, shall authorize the action. Authorization pursuant to this item does not require notice to the insurer, opportunity for hearing, or disclosure of requests for authorization or records of the commission's action on these requests.
Section 38-95-90. The commission shall attempt, upon the request of a member, to resolve disputes or other issues that are subject to this compact and which may arise between two or more compacting states, or between compacting states and noncompacting states, and the commission shall adopt an operating procedure providing for resolution of disputes.
Section 38-95-100. (A) Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. Nothing in this chapter may be construed to restrict or otherwise prevent an insurer from filing its product with the insurance department in a state in which the insurer is licensed to conduct the business of insurance, and the filing is subject to the laws of the states where filed.
(B) The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. Notwithstanding another provision of law, the commission shall adopt rules to establish conditions and procedures under which the commission shall provide public access to product filing information. In establishing the rules, the commission shall consider the interests of the public in having access to the information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information.
(C) A product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.
Section 38-95-110. (A) Not later than thirty days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Section 38-95-30(D).
(B) The commission has authority to monitor, review, and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection (A).
Section 38-95-120. (A) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, compacting states, and other sources. Contributions and other forms of funding from other sources must be of such a nature that the independence of the commission concerning the performance of its duties is not compromised.
(B) The commission shall collect a filing fee from each insurer and third-party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget.
(C) The commission's budget for a fiscal year is not approved until it has been subject to notice and comment as provided in Section 38-95-70.
(D) The commission is exempt from all taxation in and by the compacting states.
(E) The commission may not pledge the credit of a compacting state, except by and with the appropriate legal authority of that compacting state.
(F) The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission are subject to the accounting procedures established under its bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission must be audited annually by an independent certified public accountant. Upon the determination of the commission, but no less frequently than every three years, the review of the independent auditor must include a management and performance audit of the commission. The commission shall make an annual report to the Governor and legislature of each of the compacting states, which includes a report of the independent audit. The commission's internal accounts are not confidential and those materials may be shared with the commissioner of a compacting state upon request. Work papers related to an internal or independent audit and information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, remain confidential.
(G) A compacting state shall not have a claim to or ownership of property held by or vested in the commission or to commission funds held pursuant to the provisions of this chapter.
Section 38-95-130. (A) Any state is eligible to become a compacting state.
(B) The compact becomes effective and binding upon legislative enactment of the compact into law by two compacting states, except that the commission becomes effective for purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of, products filed with the commission that satisfy applicable uniform standards only after twenty-six states are compacting states or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based on records of the NAIC for the previous year. After that time, it becomes effective and binding as to any other compacting state upon enactment of the compact into law by that state.
(C) Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment does not become effective and binding upon the commission and the compacting states unless all compacting states enact the amendment into law.
Section 38-95-140. (A)(1) Once effective, the compact continues in force and remains binding upon each compacting state, except that a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute that enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repealing statute. The withdrawal does not apply to a product filings approved or self-certified, or an advertisement of products, on the date the repealing statute becomes effective, except by mutual agreement of the commission and the withdrawing state unless the approval is rescinded by the withdrawing state as provided in item (5).
(3) The commissioner of the withdrawing state immediately shall notify the management committee in writing upon the introduction of legislation repealing this compact in the withdrawing state.
(4) The commission shall notify the other compacting states of the introduction of legislation within ten days after its receipt of notice of it.
(5) The withdrawing state is responsible for all obligations, duties, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extends beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the commission and the withdrawing state. The commission's approval of products and advertisement before the effective date of withdrawal continues to be effective and be given full force and effect in the withdrawing state, unless formally rescinded by the withdrawing state in the same manner as provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously approved pursuant to state law.
(6) Reinstatement following withdrawal of a compacting state occurs upon the effective date of the withdrawing state reenacting the compact.
(B)(1) If the commission determines that a compacting state has defaulted (defaulting state) in the performance of its obligations or responsibilities under this compact, the bylaws or duly adopted rules or operating procedures, then, after notice and hearing as set forth in the bylaws, all rights, privileges, and benefits conferred by this compact on the defaulting state are suspended from the effective date of default as fixed by the commission. The grounds for default include, but are not limited to, failure of a compacting state to perform its obligations or responsibilities, and other grounds designated in commission rules. The commission immediately shall notify the defaulting state in writing of the defaulting state's suspension pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state is terminated from the compact and all rights, privileges and benefits conferred by this compact are terminated from the effective date of termination.
(2) Product approvals by the commission or product self-certifications, or an advertisement in connection with the product, which are in force on the effective date of termination remaining in force in the defaulting state in the same manner as if the defaulting state had withdrawn voluntarily pursuant to subsection (A).
(3) Reinstatement following termination of any compacting state requires a reenactment of the compact.
(C)(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact is void and is of no further force or effect, and the business and affairs of the commission are concluded and any surplus funds must be distributed in accordance with the bylaws.
Section 38-95-150. Pursuant to terms and conditions of this chapter, the State of South Carolina seeks to join with other states and establish the Interstate Insurance Product Regulation Compact, and become a member of the Interstate Insurance Product Regulation Commission. The Director of the Department of Insurance is designated to serve as the representative of this State to the commission."
SECTION 3. (A)(1) Nothing in this chapter prevents the enforcement of any other law of a compacting state, except as provided in subsection (B) of this section.
(2) For a product approved or certified to the commission, the rules, uniform standards, and other requirements of the commission constitutes the exclusive provisions applicable to the content, approval, and certification of these products. For advertisement that is subject to the commission's authority, any rule, uniform standard, or other requirement of the commission which governs the content of the advertisement constitutes the exclusive provision that a commissioner may apply to the content of the advertisement. Notwithstanding another provision of law, action taken by the commission does not abrogate or restrict:
(a) the access of a person to state courts;
(b) remedies available pursuant to state law related to breach of contract, tort, or other laws not specifically directed to the content of the product;
(c) state law relating to the construction of insurance contracts; or
(d) the authority of the attorney general of the state including, but not limited to, maintaining an action or proceeding, as authorized by law.
(3) All insurance products filed with individual states are subject to the laws of those states.
(B)(1) All lawful actions of the commission, including all rules and operating procedures adopted by the commission, are binding upon the compacting states.
(2) All agreements between the commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over the meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute.
(4) If a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by that provision upon the commission are ineffective as to that compacting state, and those obligations, duties, powers, or jurisdiction remain in the compacting state and must be exercised by the agency which those obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
SECTION 4. No later than October 1, 2013, the director shall submit a report to the General Assembly on the effectiveness of the state's participation in the compact. The report shall include consideration of any issues deemed relevant by the director to the state's participation in the compact and shall include recommended legislative proposals related to the compact. The report shall also include the director's recommendation to the General Assembly as to whether the state's continued participation in the compact is in the best interest of the citizens of this State. Based on the director's recommendations outlined in the report, the General Assembly shall determine whether to extend this act beyond June 1, 2014.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act becomes effective January 1, 2009, and expires June 1, 2014, unless extended by the General Assembly.
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that H. 3023 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 642 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\ 10538HTC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 6-5-15 of the 1976 Code, as added by Act 270 of 2004, is amended to read:
"Section 6-5-15. (A) As used in this section, 'local entity' means the governing body of a municipality, county, school district, other local government unit or political subdivision, or a county treasurer.
(B) A bank or savings and loan association qualified public depository, as defined in subsection (G) of this section, upon the deposit of funds by a local entity, must secure these deposits by deposit insurance, surety bonds, collateral investment securities, or letters of credit to protect the local entity against loss in the event of insolvency or liquidation of the institution or for any other cause.
(C) To the extent that these deposits exceed the amount of insurance coverage provided by the Federal Deposit Insurance Corporation, the bank or savings and loan association qualified public depository at the time of deposit must:
(1) furnish an indemnity bond in a responsible surety company authorized to do business in this State; or
(2) pledge as collateral:
(a) obligations of the United States;
(b) obligations fully guaranteed both as to principal and interest by the United States;
(c) general obligations of this State or any political subdivision of this State; or
(d) obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation; or
(3) provide an irrevocable letter of credit issued by the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation, in which the local entity is named as beneficiary and the letter of credit otherwise meets the criteria established and prescribed by the local entity.
(D) The local entity must exercise prudence in accepting collateral securities or other forms of deposit security.
(E)(1) A qualified public depository has the following options:
(a) To secure all or a portion of uninsured funds under the Dedicated Method where all or a portion of the uninsured funds are secured separately. The qualified public depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The local entity shall maintain a record of the securities pledged for monitoring purposes.
(b) To secure all or the remainder of uninsured funds under the Pooling Method where a pool of collateral is established by the qualified public depository under the direction of the State Treasurer for the benefit of local entities. The depository shall obtain written approval from each entity before pooling an entity's collateral. The depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall determine the requirements and operating procedures for this pool. The State Treasurer is responsible for monitoring and ensuring a depository's compliance and providing monthly reports to each local entity in the pool.
(2) Notwithstanding the provisions of item (1) of this subsection, the local entity, when other federal or state law applies, may require a qualified public depository to secure all uninsured funds separately under the Dedicated Method.
(F) A qualified public depository shall not accept or retain any funds that are required to be secured unless it has deposited eligible collateral equal to its required collateral with some proper depository pursuant to this chapter.
(G) 'Qualified public depository' means any national banking association, state banking association, federal savings and loan association, or federal savings bank located in this State and any bank, trust company, or savings institution organized under the law of this State that receives or holds funds that are secured pursuant to this chapter."
SECTION 2. Section 11-13-60 of the 1976 Code, as last amended by Act 211 of 2002, is further amended to read:
"Section 11-13-60. (A) A bank or savings and loan association qualified public depository, as defined in subsection (E) of this section, upon the deposit of state funds by the State Treasurer, must secure these deposits by deposit insurance, surety bonds, collateral investment securities, or letters of credit to protect the State against loss in the event of insolvency or liquidation of the institution or for any other cause. To the extent that these deposits exceed the amount of insurance coverage provided by the Federal Deposit Insurance Corporation, the bank or savings and loan association qualified public depository, at the time of deposit, shall:
(1) furnish an indemnity bond in a responsible surety company authorized to do business in this State; or
(2) pledge as collateral:
(a) obligations of the United States;
(b) obligations fully guaranteed both as to principal and interest by the United States;
(c) general obligations of this State or any political subdivision of this State; or
(d) obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation; or
(3) provide an irrevocable letter of credit issued by the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or the Federal Home Loan Mortgage Corporation, in which the State Treasurer is named as beneficiary and the letter of credit otherwise meets the criteria established and prescribed by the State Treasurer. The State Treasurer shall exercise prudence in accepting collateral securities or other forms of deposit security.
(B)(1) A qualified public depository has the following options:
(a) To secure all or a portion of uninsured state funds under the Dedicated Method where all or a portion of the uninsured state funds are secured separately. The qualified public depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall maintain a record of the securities pledged for monitoring purposes.
(b) To secure all or the remainder of uninsured state funds under the Pooling Method where a pool of collateral is established by the qualified public depository under the direction of the State Treasurer for the benefit of the State. The State Treasurer shall determine the requirements and operating procedures for this pool. The depository shall maintain a record of all securities pledged, with the record being an official record of the qualified public depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall maintain a record of the securities pledged for monitoring purposes.
(2) Notwithstanding the provisions of item (1) of this subsection, the State Treasurer, when other federal or state law applies, may require a qualified public depository to secure all uninsured state funds separately under the Dedicated Method.
(C) A qualified public depository shall not accept or retain any state funds that are required to be secured unless it has deposited eligible collateral equal to its required collateral with some proper depository pursuant to this chapter.
(D) The State Treasurer may assess a fee against the investment earnings of various state funds managed or invested by the State Treasurer to cover the operation and management costs associated with this section and Section 6-5-15(E)(1)(b). These fees may be retained and expended to provide these services and may not exceed the actual costs associated with providing the services.
(E) 'Qualified public depository' means any national banking association, state banking association, federal savings and loan association, or federal savings bank located in this State, and any bank, trust company, or savings institution organized under the law of this State that receives or holds state funds that are secured pursuant to this chapter."
SECTION 3. Section 1 of this act takes effect January 1, 2009. The remaining provisions of this act take effect upon approval of this act by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HALEY, with unanimous consent, it was ordered that S. 642 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4022 (Word version) -- Reps. R. Brown, Allen, Bales, G. Brown, Davenport, Kirsh, Littlejohn, Mack, Mitchell, Neilson, Scott and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12263AC08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 13, Title 40 of the 1976 Code is amended by adding:
"Section 40-13-365. A person licensed as a barber pursuant to Chapter 7 may practice, within the scope of practice authorized by the person's license, in a salon licensed in accordance with this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. MAHAFFEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MAHAFFEY, with unanimous consent, it was ordered that H. 4022 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4263 (Word version) -- Reps. Rutherford, Herbkersman, Thompson and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "AN AMUSEMENT REDEMPTION MACHINE", AND TO PROVIDE FOR CRIMINAL PENALTIES FOR REWARDING PLAYERS WITH ITEMS OTHER THAN FREE REPLAYS OR NONCASH MERCHANDISE.
Rep. CRAWFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up:
H. 4737 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE DIRECTOR MUST BE APPOINTED BY THE GOVERNOR INSTEAD OF THE COMMISSION, PROVIDE FOR THE ADVISORY CAPACITY OF THE COMMISSION, AND MAKE OTHER CHANGES TO PROVIDE CONFORMITY WITH THIS RESTRUCTURING; AND TO AMEND SECTIONS 44-11-30, 44-11-60, 44-11-70, 44-11-80, AND 44-11-110, RELATING TO VARIOUS POWERS, DUTIES, AND RESPONSIBILITIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO FURTHER CONFORM THESE SECTIONS TO THE RESTRUCTURING OF THE POWERS OF THE COMMISSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7605AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Behavioral Health Services Act of 2008".
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Section 44-8-10.(A) There is created the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services and the Division of Mental Health.
(B) The department shall:
(1) develop the State Plan for Behavioral Health Services which must provide for a unified system for the delivery of coordinated, client-centered behavioral health services;
(2) oversee the administration and delivery of behavioral health services.
Section 44-8-20. (A)(1) There is established the Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes.
(2) The advisory committee must be composed of:
(a) the director, or a designee, of the Department of Behavioral Health Services, who shall serve as the chairperson of the advisory committee;
(b) two representatives of the Division of Mental Health appointed by the director of the division, one of whom may be the director of the division;
(c) two representatives of the Division of Alcohol and Other Drug Abuse Services appointed by the director of the division, one of whom may be the director of the division;
(d) two professionals with expertise in the field of mental health services appointed by the Governor;
(e) two professionals with expertise in the area of services provided by the Division of Disabilities and Special Needs appointed by the Governor;
(f) two professionals with expertise in the field of alcohol and other drug abuse services appointed by the Governor;
(g) one professional with expertise in the field of children's mental health services appointed by the Governor;
(H) two recipients of services of the Division of Mental Health, or a family member of a recipient of these services, appointed by the Governor;
(i) two recipients of services of the Division of Disabilities and Special Needs, or a family member of a recipient of these services, appointed by the director of the department;
(j) two recipients of services of the Division of Alcohol and Other Drug Abuse Services, or a family member of a recipient of these services, appointed by the Governor;
(k) one family member of a recipient of services from the Continuum of Care for Emotionally Disturbed Children appointed by the Governor.
In appointing members to the advisory committee, the director shall select members who are representative of the ethic, gender, rural, and urban diversity of the State.
Members shall serve terms of five years and until their successors are appointed and qualify. However, of the initial appointees, six must be appointed for five years, six must be appointed for four years, six must be appointed for three years, and the final member must be appointed for two years. Members other than initial appointees may not be reappointed unless they are filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term. Members representing divisions shall serve ex officio at the pleasure of the division director.
(B) The director has the authority to create and appoint other standing or ad hoc advisory committees in his discretion to assist the department in particular areas of public concern or professional expertise as the director considers appropriate. These committees, including the advisory committee created pursuant to subsection (A), shall serve at the pleasure of the director, and committee members may not receive salary or per diem but are entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties, not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
Section 44-8-30.(A) The department shall promulgate regulations, which must include, but are not limited to, criteria and definitions for eligibility determination, standards for the delivery of services, content and development and revision of individual client plans, including participation by the client and family in the development and revision of the plan, fee structures for services rendered and charges that may be incurred, client safety, protection, and security procedures, and procedures to appeal agency decisions. These regulations must require statewide consistency and uniformity of rights and services for all client populations served by the department. The regulations must require the department to provide each client an individualized service delivery plan addressing the particular needs of each client. To ensure uniformity statewide and across client populations, regulations promulgated by the department pursuant to this section apply to local entities that are operated by or contract with the department or its divisions, services, or programs or local boards created pursuant to state law to provide services to department clients.
(B) The department also shall promulgate regulations for the licensure and regulation of facilities operated by or under contract with the department, including, but not limited to, standards of care, staff client ratios, client and staff safety and security, operational procedures, applicable fees, facility and record inspections, notification procedures for program deficiencies, grounds for suspension or revocation of licenses, and procedures for licensure application and renewal and for appeal of department decisions.
Section 44-8-310. The department may accept gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind for its use in furthering the purpose of the department. However, no such gift or grant may be accepted upon the condition that it shall diminish an obligation due the department. The department may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility, program, or service must be used for that facility, program, or service only, or to its successor. The department may promulgate rules governing the disposition of such gifts and grants.
Section 44-8-320. (A) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on behavioral health services and the needs, problems, and services for clients of the department.
(B) The department may enter into contracts for educational and research activities without performance bonds.
Section 44-8-330. The department may acquire motor vehicle liability insurance for employees operating vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44-8-340. The department may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44-8-350. All departments, officers, agencies, and employees of the State shall cooperate with the Department of Behavioral Health Services in carrying out the department's functions, duties, and responsibilities. The Attorney General shall furnish such legal services as are necessary to the department."
SECTION 3. Section 1-30-10(A) of the 1976 Code is amended to read:
"(A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Behavioral Health Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health Reserved
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole, and Pardon Services
16. Department of Public Safety
17. Department of Revenue
18. Department of Social Services
19. Department of Transportation."
SECTION 4. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-68. Effective on July 1, 2008, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Behavioral Health Services:
(1) Department of Alcohol and Other Drug Abuse Services, formerly provided for at Section 44-49-10, et seq.; and
(2) Department of Mental Health, formerly provided for at Section 44-9-10, et seq."
SECTION 5. Section 1-30-20 of the 1976 Code is amended to read:
"Section 1-30-20. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A1) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B2) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
(B) Effective on July 1, 2008, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services."
SECTION 6. Section 1-30-70 of the 1976 Code is amended to read:
"Section 1-30-70. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
(B) Effective on July 1, 2008, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to and incorporated in and shall be administered as part of the Department of Behavioral Health Services, Division of Mental Health, and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Behavioral Health Services, Division of Mental Health."
SECTION 7. Chapter 9, Title 44 of the 1976 Code is amended to read:
Section 44-9-10. There is hereby created the State Department of Mental Health (department) which shall have has jurisdiction over all of the state's mental hospitals, clinics and centers, joint state and community sponsored mental health clinics and centers, and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.
Section 44-9-20. All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to before March 26, 1964, are hereby transferred to and vested in the department of Mental Health. All records, files, and other papers belonging to the South Carolina Mental Health Commission shall must be continued as part of the records and files of the department of Mental Health.
Section 44-9-30. (A)(1) There is created the governing advisory board for the State department of Mental Health known as the South Carolina Mental Health Commission Advisory Board. The commission advisory board consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows:
(a) one member from each of the six congressional districts;
(b) one member from the State at large.
(2) The Governor shall consider consumer and family representation when appointing members.
(B) The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The commission advisory board shall determine advise the director regarding policies and promulgate regulations governing the operation of the department and the employment of professional and staff personnel.
(D) The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 44-9-40. The Mental Health Commission director is the chief executive of the State Department of Mental Health. The Governor shall appoint and remove a state director of Mental Health, who is chief executive of the State Department of Mental Health the department. Subject to the supervision and control of the Mental Health Commission, The state director shall administer the policies and regulations established by the commission Governor. The director must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director must appoint and remove all other officers and employees of the department of Mental Health, subject to the approval of the Mental Health Commission Governor.
Section 44-9-50. The department of Mental Health may be divided into such divisions as may be authorized by the director of Mental Health and approved by the commission. These divisions may be headed by deputy commissioners, but any deputy commissioner heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions shall must be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions shall must be a Division for Long-Term Care which shall have has primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private.
Section 44-9-60. The director of the department of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission. Each superintendent shall must be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the department of Mental Health shall be is responsible for the employment of all personnel at the institution, subject to the approval of the director of the department. The director may serve as superintendent of one or more hospitals or other mental health facilities.
Section 44-9-70. The State department of Mental Health is hereby designated as the state's mental health authority for purposes of administering federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended. The State department of Mental Health is further designated as the state agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in federal-state grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that nothing in this article shall may be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing herein shall in this chapter may be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code of Laws and amendments thereto to it.
Section 44-9-80. Payments made to a mental health facility which are derived in whole or in part from federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall are not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State department of Mental Health to improve South Carolina's comprehensive mental health program.
Section 44-9-90. The Commission director shall have the following rights, powers and duties:
(1) It shall form the advisory board into a body corporate in deed and in law with all the powers incident to corporations;
(2) It shall cooperate with persons in charge of penal correctional institutions in this State for the purpose of providing proper care and treatment for mental patients confined therein in these institutions because of emergency;
(3) It shall inaugurate and maintain an appropriate mental health education and public relations program;
(4) It shall collect statistics bearing on mental illness, drug addiction, and alcoholism, as well as study the cause, pathology, and prevention of mental defects and diseases;
(5) It shall provide moral and vocational training and medical and surgical treatment which will tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, mental defectiveness, epilepsy, drug addiction, and alcoholism; and
(6) It shall encourage the superintendents of institutions and their medical staffs in the investigation and study of these subjects and of mental hygiene in general; and
(7) It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce and prevent mental illness, and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction, and alcoholism for citizens of this State, whether or not in an institution. The system shall include services to prevent or postpone the commitment or recommitment of citizens to mental health institutions.
Section 44-9-100. The commission director may:
(1) prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52;
(2) require reports from the superintendent of an institution relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;
(3) investigate complaints made by a patient or by a person on behalf of a patient;
(4) adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, psychotic senile, drug addicted, or alcoholic;
(5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.
Section 44-9-110. The Mental Health Commission director may accept on behalf of the department of Mental Health or any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such a gift or grant shall may not be accepted upon the condition that it shall diminish an obligation due the department. The Commission director may refuse to accept any such this gift or grant and the acceptance of any such this gift or grant shall may not incur any an obligation on the part of the State. Any A gift or grant given to a specific facility or service shall must be used for that facility or service only, or to its successor. The Commission director may promulgate make rules and promulgate regulations governing the disposition of such these gifts and grants.
Section 44-9-120. The Commission director shall submit an annual report to the Governor before the eleventh day of January eleventh of each year setting forth its activities, the financial affairs, and the state and condition of the state mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which that in the opinion of the Commission director will improve the mental health program of the State. A copy of the report shall also must be submitted to the General Assembly.
Section 44-9-160. Wherever in the 1976 Code reference is made to the State Hospital, it shall mean means a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean means the superintendent or his designee; and wherever reference is made to the State Commissioner of Mental Health, it shall mean means the State Director of the Department of Mental Health."
SECTION 8. Chapter 49, Title 44 of the 1976 Code is amended to read:
Section 44-49-10. (A) There is established the Department Division of Alcohol and Other Drug Abuse Services within the Department of Behavioral Health Services. The Department Division of Alcohol and Other Drug Abuse Services shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services and shall have full authority for formulating, coordinating and administering the state plans for controlling narcotics and controlled substances and alcohol abuse.
(B) All functions, powers, and duties of the former commissioner of the narcotics and controlled substances section of the former State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department division, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.
(C) All rules and regulations promulgated by the commissioner of narcotics and controlled substances Department of Alcohol and Other Drug Abuse Services shall remain in effect until changed by the department division.
(D) The department division is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature disbursed to the division for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).
(E) The department is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department to agencies designated under Section 61-12-20(a).
Section 44-49-15. (A) There is created an advisory board for the Division of Alcohol and Other Drug Abuse Services, which consists of nine members appointed by the Governor. One member must be from each of the six congressional districts and three members must be from the State at large. Of the nine members, three must be recipients of services provided by the division, or family members of recipients of these services. In appointing members to the advisory board, the governor shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State.
(B) Members serve for terms of five years and until their successors are appointed and qualify. However, of the initial appointees, three must be appointed for five years, three must be appointed for four years, and three must be appointed for three years. Members may not be reappointed unless serving as an initial appointee or filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The advisory board shall advise the division on policies and regulations governing the operation of the division and the employment of professional and staff personnel and shall make recommendations to the department's advisory board.
(D) Members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 44-49-20. The Department Division of Alcohol and Other Drug Abuse Services shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240 Director of the Department of Behavioral Health Services.
Section 44-49-40. (A) The department division shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.
(B) Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such the Department of Health and Environmental Control, may be relied upon and acted upon by the department division in conformance with its administration and coordinating duties under this chapter and Article 3 of Chapter 53.
(C)(1) The department division shall:
(1) plan, coordinate and cooperate in educational programs for schools, communities, and general public designed to prevent and deter misuse and abuse of controlled substances;
(2) promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(3) assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(4) consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(5) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(6) disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;
(7) assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances;
(8) encourage research on misuse and abuse of controlled substances;
(9) cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;
(10) cooperate in making studies and in undertaking programs of research to:
(a) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40, and 44-49-50, and Article 3 of Chapter 53;
(b) determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(c) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances.
(D) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.
(E) The department may enter into contracts for educational and research activities without performance bonds.
(F) The Department is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department. The department is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.
Section 44-49-50. It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department Division of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.
Section 44-49-60. The department division shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem.
In carrying out the provisions of this section the department division and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department Division of Mental Health, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.
Section 44-49-70. The department division shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.
Section 44-49-80. The department division shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department division shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Health and Human Services for disbursal to the Division of Alcohol and Other Drug Abuse Services from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct.
Section 44-49-90. In carrying out its responsibilities under Sections 44-49-60 through 44-49-80, the department shall appoint an ad hoc committee to assist, among other things, in determining the most effective methods to use in educating the public about substance abuse."
SECTION 9. (A) Where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to another state agency, department, division or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.
(B) Where an agency, department, entity or official is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by that transferred agency, department, entity or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.
(C) References to the names of agencies, departments, entities or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.
(D) Employees or personnel of agencies, departments, entities or public officials, or sections, divisions or portions thereof, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies that formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(E) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.
(G) Where the functions of former agencies have been devolved on more than one department or departmental division, the general support services of the former agency must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.
(H) The membership of the Legislative Council shall cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as they consider practical and economical.
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. This act takes effect July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. R. SMITH, with unanimous consent, it was ordered that H. 4737 (Word version) be read the third time tomorrow.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5030 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HART explained the Joint Resolution.
H. 4949 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS WITHIN THE STATE OF SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3193, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
On motion of Rep. HART, with unanimous consent, it was ordered that H. 5030 (Word version) be read the third time tomorrow.
On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4949 (Word version) be read the third time tomorrow.
Rep. SCOTT asked unanimous consent to recall H. 3539 (Word version) from the Committee on Judiciary.
Rep. YOUNG objected.
Rep. COOPER asked unanimous consent to recall H. 4992 (Word version) from the Committee on Ways and Means.
Rep. MERRILL objected.
Rep. LOWE asked unanimous consent to recall H. 4766 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RICE objected.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. GAMBRELL objected.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 4906 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 2008, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS AND A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2008, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Rep. PHILLIPS moved to table the Concurrent Resolution, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
Rep. CRAWFORD made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
Rep. GULLICK explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J. H. Neal, Neilson, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scott, J. E. Smith, J. R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper, Young and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT THE "UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
Rep. COTTY moved to adjourn debate upon the Senate Amendments until Tuesday, April 22, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3605 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
Rep. G. R. SMITH made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Rep. G. M. SMITH explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
Rep. E. H. PITTS made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Concurrent Resolution was taken up:
H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
Rep. MCLEOD moved to adjourn debate on the Concurrent Resolution until Tuesday, April 22, which was agreed to.
The motion period was dispensed with on motion of Rep. G. M. SMITH.
Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G. M. Smith, Toole, G. R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AND ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES AND UPON HER REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, TO PROVIDE THAT A PHYSICIAN NOT REQUIRED TO PERFORM AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT ULTRASOUND SERVICES ARE AVAILABLE TO HER AND PROVIDE HER WITH A LIST OF LOCATIONS WHERE AN ULTRASOUND MAY BE PERFORMED FREE OF CHARGE, TO PROVIDE THAT IF THE PHYSICIAN OR ALLIED HEALTH PROFESSIONAL PERFORMS AN ABORTION THE PRINTED MATERIALS MAY NOT BE PRESENTED TO HER SOONER THAN TEN MINUTES BEFORE THE ULTRASOUND IS PERFORMED, TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES, TO PROVIDE THAT UNEMANCIPATED MINORS AND PEOPLE ADJUDICATED TO BE INCOMPETENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 41, TITLE 44 TO ADD SECTION 44-41-35 TO PROVIDE THE CIRCUMSTANCES UNDER WHICH AN ULTRASOUND MUST BE PERFORMED PRIOR TO PERFORMING AN ABORTION, AND TO AMEND SECTION 44-41-340, TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Ballentine Bannister Barfield Bingham Bowen Bowers Brady Branham Brantley G. Brown R. Brown Cato Chalk Clemmons Clyburn Coleman Cooper Cotty Crawford Daning Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Gullick Haley Hamilton Hardwick Harrison Haskins Hayes Herbkersman Hiott Hosey Huggins Hutson Jefferson Jennings Kelly Kirsh Leach Littlejohn Loftis Lowe Lucas Mahaffey McLeod Merrill Moss Mulvaney J. M. Neal Neilson Ott Perry Phillips E. H. Pitts M. A. Pitts Rice Sandifer Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Taylor Thompson Toole Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Hart Hodges Howard J. H. Neal Parks Rutherford
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER PRO TEMPORE appointed Reps. DELLENEY, SHOOPMAN and VICK to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
FREE CONFERENCE REPORT
H. 3355
The General Assembly, Columbia, S.C., April 15, 2008
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AND ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES AND UPON HER REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, TO PROVIDE THAT A PHYSICIAN NOT REQUIRED TO PERFORM AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT ULTRASOUND SERVICES ARE AVAILABLE TO HER AND PROVIDE HER WITH A LIST OF LOCATIONS WHERE AN ULTRASOUND MAY BE PERFORMED FREE OF CHARGE, TO PROVIDE THAT IF THE PHYSICIAN OR ALLIED HEALTH PROFESSIONAL PERFORMS AN ABORTION THE PRINTED MATERIALS MAY NOT BE PRESENTED TO HER SOONER THAN TEN MINUTES BEFORE THE ULTRASOUND IS PERFORMED, TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES, TO PROVIDE THAT UNEMANCIPATED MINORS AND PEOPLE ADJUDICATED TO BE INCOMPETENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 41, TITLE 44 TO ADD SECTION 44-41-35 TO PROVIDE THE CIRCUMSTANCES UNDER WHICH AN ULTRASOUND MUST BE PERFORMED PRIOR TO PERFORMING AN ABORTION, AND TO AMEND SECTION 44-41-340, TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 05/16/07.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 44-41-330(A)(1) and (2) of the 1976 Code is amended to read:
"Section 44-41-330. (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:
(1) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed. If an ultrasound is performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the ultrasound image at her request during or after the ultrasound procedure.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: 'You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image.' This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN SIXTY MINUTES FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGE, AND TO PROVIDE THAT THE STATEMENT TO BE SIGNED BY THE PHYSICIAN AND WOMAN MUST INCLUDE THAT THE WOMAN HAS THE RIGHT TO VIEW HER ULTRASOUND./
Michael L. Fair Francis Gregory Delleney, Jr. Linda H. Short Phillip W. Shoopman Daniel B. Verdin Ted M. Vick On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On Thursday, April 17, 2008, beginning at 11:00 a.m., I was asked to address the Crime Victims Unity ceremony, being held on the State House grounds. I was not in the House Chamber when the Free Conference Report on H. 3355 was adopted. As a co-sponsor of this legislation and one who voted for it when it was previously before the House, I would have voted for Free Conference powers and would have voted to adopt the Free Conference Report as presented.
Rep. Scott F. Talley
Rep. RUTHERFORD moved that the House do now adjourn, which was agreed to.
At 11:28 a.m. the House, in accordance with the motion of Rep. SCARBOROUGH, adjourned in memory of Jerry Zucker of Charleston, to meet at 10:00 a.m. tomorrow.
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