Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
In the Old Testament we read:
"And Joshua recorded these things in the Book of the Law of God. And then he took a large stone and set it up there under the oak near the holy place of the Lord." (Joshua 24:26)
Let us join our hearts and minds in prayer:
Joshua was determined that something positive and worthy, something that would enrich the lives of his people, a legacy that would prove lasting and of value, would live on after he and his followers were gone. How fervidly do we dream of such results, too, O God.
Yet we know those great ends do not come about as a consequence of mere dreams alone. Grant to all in this Chamber the determination to bring positive results to fruition for the benefit of the people of this State. Allow us all to celebrate the custom of free debate, but with the ultimate goal of courageously-and fairly-settling upon wise compromise when and where appropriate. Guide us, and add your blessing to all that we say and propose to do. In your wondrous name we pray, O Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Dan L. Furr, 759 Camden Circle, Pawleys Island, S.C. 29585 VICE William B. McCall
Senator COURSON introduced Dr. Thomas Gibbons of Columbia, S.C., Doctor of the Day.
On motion of Senator HAYES, at 10:05 A.M., Senator PEELER was granted a leave of absence for today and tomorrow.
At 10:05 A.M., Senator LOURIE requested a leave of absence beginning at 10:45 A.M. today and lasting until Noon.
Senators HAWKINS and RITCHIE rose for an Expression of Personal Interest.
The Senate stood for a moment of silence in memory of Chief Justice Cameron Bruce Littlejohn.
Thank you, Mr. PRESIDENT, and members of the Senate. The Senator from Spartanburg, Senator RITCHIE, and I wanted to stand before you today and talk about the life of Justice Cameron Bruce Littlejohn. Those of you that served with him--whether you want to call him Chief Justice Littlejohn, Speaker Littlejohn or friend Littlejohn--recognize that this was truly a great man, whose life spanned an entire epoch in South Carolina history.
Chief Justice Littlejohn, as many of you know, passed away on Saturday. He was 93 years of age. He will be buried in Spartanburg today. Chief Justice Littlejohn died from complications from heart surgery that he had back on January 31st to replace a heart valve, and he had some complications from that.
But, let me just, if I can, share with you some of this great man's life history. He was born in Pacolet in 1913, and graduated from Pacolet High School. He earned his Bachelor's Degree from Wofford College and his law degree from the University of South Carolina. Chief Justice Littlejohn was first elected to the State House--get this, in 1936--elected to serve in the South Carolina House of Representatives. There he served until 1943 when he resigned to join the Army during World War II. During that service he did a tour of duty in the Philippines and there he was a military prosecutor of Japanese war criminals.
He returned to Spartanburg in 1946 and was reelected to the House, with the support of then Governor Strom Thurmond. Chief Justice Littlejohn was elected Speaker in 1947, and there he served for two years. Chief Justice Littlejohn was elected as Circuit Court Judge in 1949, and he served there until his election to the State Supreme Court in 1967. He was elected Chief Justice in 1984 and served until his retirement in 1985.
Now, some of you may be able to tell me whether anybody else in South Carolina had ever been Speaker and Chief Justice in their life. I am not aware of any, and what a great distinction and honor that is. But, Chief Justice Littlejohn did not stop there. He stayed active in his retirement maintaining an office in the Spartanburg County Courthouse. I can tell you, from first-hand knowledge that I would go by his office sometimes and talk with Chief Justice Littlejohn. He was always welcoming of visitors and guests, especially young lawyers. He used to call us embryonic lawyers. He always had time for you, it did not matter who you were, he was a great guy to go by and talk with about a variety of issues -- politics, the law. I loved always going by and talking to Chief Justice Littlejohn. He was a wonderful, wonderful, kind and good man. He had an extremely sharp wit and sharp mind up until the day he passed away.
He was presented with the Order of the Palmetto by then Speaker David Wilkins back in 2004. He absolutely loved to rib people and he took that opportunity to remind David Wilkins that David Wilkins was the second best Speaker ever. Chief Justice Littlejohn also authored four books, including Littlejohn's Half Century at the Bench and Bar, Littlejohn's Political Memoirs and Laugh with the Judge, just to name a few.
Chief Justice Littlejohn will be remembered as a great icon from Spartanburg County, having served in these great offices and contributed so much to the State. But more than just being a poor boy from Pacolet who rose to great heights, he will be remembered as a great titan of this great State, a great leader, a man whose career spanned many, many decades and touched many, many lives. This State is better off for his having lived in this State and having led the way that he led.
Mr. PRESIDENT, I would ask that we all rise for a moment of silence to remember the life of Chief Justice Bruce Littlejohn.
On motion of Senator VERDIN, with unanimous consent, the remarks of Senator HAWKINS were ordered printed in the Journal.
S. 241 (Word version) -- Senators Lourie, Knotts, Reese, Leventis, Jackson, Thomas, Pinckney, McGill, Hutto, Sheheen, Williams, Matthews, Patterson, Cromer, Scott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-55 SO AS TO REQUIRE THE RETIREMENT SYSTEM INVESTMENT COMMISSION, ACTING CONSISTENTLY WITH ITS FIDUCIARY RESPONSIBILITY, TO DIVEST ITS PORTFOLIO OF INVESTMENTS IN COMPANIES THAT IN THEIR OPERATIONS ARE COMPLICIT WITH THE GOVERNMENT OF SUDAN IN THE DARFUR GENOCIDE AND PROHIBIT FUTURE INVESTMENTS BY THE COMMISSION IN SUCH COMPANIES, TO PROVIDE DEFINITIONS AND PROCEDURES RELATING TO THE IMPLEMENTATION OF THESE REQUIREMENTS, TO INDEMNIFY MEMBERS, OFFICERS, AND EMPLOYEES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION FROM CLAIMS ARISING FROM IMPLEMENTATION OF THIS SECTION, AND TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH PROVISIONS OF THIS SECTION NO LONGER SHALL APPLY.
On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 241.
S. 665 (Word version) -- Senators Alexander, Knotts, Williams, Malloy, Verdin, Ryberg, Leatherman, Land, Setzler, Bryant, Hayes, Patterson, Gregory, Scott, Moore, Vaughn, Lourie, Campsen, Hawkins, Ritchie and Martin: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2007 AS ASTHMA AWARENESS MONTH FOR THE PURPOSE OF RAISING PUBLIC AWARENESS REGARDING ASTHMA, AND TO COMMEND THE SOUTH CAROLINA ASTHMA ALLIANCE, THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND OTHER ORGANIZATIONS THAT PROVIDE ASTHMA EDUCATION AND SUPPORT SERVICES FOR THE CITIZENS OF SOUTH CAROLINA.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.
There was no objection.
The Resolution was recalled from the Committee on Medical Affairs.
Senator ALEXANDER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator ALEXANDER, with unanimous consent, the Resolution was adopted and ordered sent to the House.
The following were introduced:
S. 704 (Word version) -- Senator Land: A BILL TO AMEND SECTION 12-21-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STAMP TAX ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO REQUIRE AND PROVIDE FOR THE PROPER AFFIXING OF STAMPS OR METERED IMPRESSIONS TO CIGARETTES, INCLUDING PROVISIONS FOR EXEMPT PACKAGES, UNIQUE SERIAL NUMBERING OF STAMPS, REVOCATION OF THE LICENSE OF A PERSON VIOLATING THESE PROVISIONS, LIMITATIONS ON THE RECEIPT AND SALE OF UNTAXED CIGARETTES AND ON THE NUMBER OF SALES BY A RETAILER, AND ALLOWING OTHER THAN MONTHLY RETURN AND PAYMENT OF THE TAX.
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Read the first time and referred to the Committee on Finance.
S. 705 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-24-96 SO AS TO PROVIDE THAT ONE PERCENT OF THE STATE DEED RECORDING FEE BE REMITTED TO EACH COUNTY TREASURY TO BE USED BY THE OFFICE CHARGED BY LAW WITH RECORDING DEEDS WHICH MUST BE USED FOR CERTAIN PURPOSES; AND BY ADDING SECTION 56-3-627 SO AS TO PROVIDE THAT THREE PERCENT OF THE BASIC STATE REGISTRATION FEE FOR MOTOR VEHICLES BE REMITTED TO THE COUNTY TREASURY AND USED EXCLUSIVELY BY THE COUNTY AUDITOR FOR CERTAIN PURPOSES.
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Read the first time and referred to the Committee on Finance.
S. 706 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-320, TO PROVIDE THAT IT IS UNLAWFUL TO HUNT DEER WITH A DOG WITHOUT A PERMIT, TO PROVIDE THE PERMITTING PROCEDURE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 707 (Word version) -- Senators Moore, Hutto, Cromer, Sheheen and Campsen: A JOINT RESOLUTION TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT BY ENACTING ACT 345 OF 2006, THE GENERAL ASSEMBLY RETAINED THE EXCEPTION TO THE "ANIMAL FIGHTING AND BAITING ACT" REGARDING DOGS USED FOR HUNTING OR IN FIELD TRIALS, AND DID NOT INCLUDE THE USE OF THOSE DOGS WITHIN THE MEANING OF "HOG-DOG FIGHTS".
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Read the first time and referred to the Committee on Judiciary.
S. 708 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO COMMEND MRS. ANNDEE WOOD OF COLUMBIA FOR HER FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ADMINISTRATIVE ASSISTANT TO SENATOR JOEL LOURIE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 709 (Word version) -- Senators Fair, Ford, Ryberg, Thomas, O'Dell, Patterson, Sheheen, Grooms, Pinckney, Williams, McGill, Vaughn, Lourie, Hayes, Gregory, Scott, Anderson, Matthews, Hawkins and Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR BISHOP PRESTON WARREN WILLIAMS II ON HIS SERVICE AS PRESIDENT OF THE GLOBAL COUNCIL OF BISHOPS AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 710 (Word version) -- Senators Campsen, Grooms and Verdin: A BILL TO AMEND CHAPTER 11, TITLE 49 OF THE 1976 CODE, RELATING TO WATERS, WATER RESOURCES, AND DRAINAGE, BY ADDING ARTICLE 5, THE "WETLANDS RESTORATION ACT", TO PROVIDE THAT CERTAIN IMPOUNDMENTS THAT ORIGINALLY IMPOUNDED A PARCEL OF TIDELAND OR MARSHLAND, BUT NO LONGER COMPLETELY IMPOUNDS THAT PARCEL, MAY BE REPAIRED OR RESTORED.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 711 (Word version) -- Senators Campsen, McConnell, McGill, Rankin, Grooms, Elliott, Ford, Ryberg, Scott and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3665 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR STATE SALES AND USE TAXES PAID ON PURCHASES OF TANGIBLE PERSONAL PROPERTY USED ON HOMES TO MITIGATE DAMAGE FROM WIND; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 712 (Word version) -- Senators Knotts, Vaughn, Cromer, Williams and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO PROVIDE CRITERIA FOR THE TRANSPORT OF PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 713 (Word version) -- Senators Verdin and Short: A BILL TO ALLOW THE GOVERNING BODY OF A COUNTY, BY ORDINANCE, TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.
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Read the first time and referred to the Committee on Finance.
S. 714 (Word version) -- Senators Leatherman, Reese, Alexander, Patterson, Moore, Thomas, Williams, Ford, Hutto, Malloy, Anderson, Martin, Elliott, Land, O'Dell, Cleary, Rankin, Knotts, Scott, Cromer, Matthews, Pinckney, McGill, Hayes, Drummond, Hawkins, Lourie, Setzler and Jackson: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.
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Read the first time and referred to the Committee on Judiciary.
S. 715 (Word version) -- Senators Knotts, Vaughn, Williams, Cromer and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
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Read the first time and referred to the Committee on Judiciary.
S. 716 (Word version) -- Senators Knotts and Cromer: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.
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Read the first time and referred to the Committee on Judiciary.
S. 717 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE REVEREND H. L. SIMMONS OF ORANGEBURG COUNTY ON HIS MINISTRY TO THE HOMELESS AND ON THE OCCASION OF THE FIFTEENTH ANNIVERSARY OF HIS FOUNDING THE POWER HOUSE OF DELIVERANCE HOMELESS SHELTER IN ORANGEBURG COUNTY.
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The Senate Resolution was adopted.
H. 3015 (Word version) -- Reps. W. D. Smith and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 28-2-520 SO AS TO PROVIDE THE OPTION OF A PROPERTY TAX CREDIT OR STATE INCOME TAX CREDIT, INSTEAD OF JUST COMPENSATION, FOR THE VALUE OF PROPERTY THAT IS SUBJECT TO A CONDEMNATION ACTION TO A LANDOWNER THAT GRANTS PROPERTY TO A CONDEMNOR FOR THE PURPOSE OF BUILDING A SIDEWALK OR BICYCLE PATH.
Read the first time and referred to the Committee on Finance.
H. 3024 (Word version) -- Reps. Rice, Harrison, E. H. Pitts, G. R. Smith, Shoopman, Kirsh, Cotty, Ballentine, Whipper, Mulvaney, Thompson, Scarborough, Hagood and Bedingfield: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Read the first time and referred to the Committee on Judiciary.
H. 3045 (Word version) -- Reps. Cooper, Cobb-Hunter, Umphlett, Mahaffey, Sandifer, G. R. Smith, Hamilton, Davenport, Mitchell, Miller, Battle, Thompson, J. R. Smith, J. H. Neal, M. A. Pitts, Cotty, Ballentine, Haley, Ceips, Funderburk, Brady, White, Kirsh, Jefferson, Vick, McLeod, Harrell, Littlejohn, Lucas, Branham, Delleney, Bowen, Gambrell, Gullick and Sellers: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2007 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS AND TO PROVIDE THAT THE GRANTS MUST BE ADMINISTERED BY THE SOUTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION IN CONJUNCTION WITH A PEER REVIEW PANEL.
Read the first time and referred to the Committee on Finance.
H. 3197 (Word version) -- Reps. Herbkersman and Talley: A BILL TO AMEND SECTION 7-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN SOUTH CAROLINA ELECTION LAW, SO AS TO DELETE THE DEFINITION "CLUB DISTRICT"; TO AMEND SECTION 7-5-460, RELATING TO CUSTODY OF BOOKS AND THEIR RETURN AFTER AN ELECTION, SO AS TO DELETE A REFERENCE TO A "CLUB" AS AN ENTITY TO WHOM THE BOOKS ARE RESPONSIBLE; TO AMEND SECTIONS 7-9-20, 7-9-30, AS AMENDED, 7-9-40, 7-9-50, AS AMENDED, 7-9-60, AND 7-9-70, AS AMENDED, RELATING TO CLUBS IN PARTY ORGANIZATIONS, SO AS TO DELETE REFERENCES TO PARTY CLUBS WHICH CLARIFIES THE ORGANIZATIONAL RELATIONS WITH ELECTION PRECINCTS; TO PROVIDE THAT ALL ELECTED PRECINCT COMMITTEEMEN MAY VOTE ON QUESTIONS BEFORE THE COUNTY COMMITTEE, TO PROVIDE THAT THE CHAIRMAN MAY VOTE IN THE CASE OF A TIE, AND TO PROVIDE THAT AN ELECTED OFFICER OF THE COUNTY COMMITTEE WHO IS NOT A PRECINCT COMMITTEEMAN MAY VOTE DE FACTO, AND TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP; AND TO AMEND SECTION 7-13-170, RELATING TO THE PROCEDURE WHEN A MANAGER FAILS TO ATTEND THE PLACE WHICH HAS BEEN SCHEDULED FOR HOLDING A POLL, SO AS TO DELETE THE TERM "CLUB" FROM THE QUALIFYING MEMBER TO BECOME A MANAGER IN THE PLACE OF ABSENT MANAGERS.
Read the first time and referred to the Committee on Judiciary.
H. 3233 (Word version) -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3254 (Word version) -- Reps. Clyburn, Neilson, Whipper, W. D. Smith, Anderson, Bales, Breeland, R. Brown, Cobb-Hunter, Cooper, Dantzler, Delleney, Harrison, Hayes, Hosey, Howard, Jennings, Limehouse, Mack, Merrill, J. H. Neal, Ott, Owens, Rutherford, Scarborough, Sellers, Umphlett, Viers, Walker and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES AND TO PROVIDE THAT A PARENT OR GUARDIAN OF A STUDENT SCORING BELOW BASIC ON ANY PORTION OF THE STATE ASSESSMENT WHO IS REGISTERED TO ATTEND THE SCHOOL SHALL ATTEND THE ORIENTATION CLASS.
Read the first time and referred to the Committee on Education.
H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E. H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M. A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
Read the first time and referred to the Committee on Judiciary.
H. 3346 (Word version) -- Reps. R. Brown, Scarborough, Hodges, Whipper, Govan, Ceips, Jefferson, Brantley, Breeland, Hosey, Kennedy, Mack, Stavrinakis, Weeks, Williams, Agnew, Jennings, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43 OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A CEMETERY OR GRAVES ARE LOCATED MUST ALLOW INGRESS AND EGRESS TO THE CEMETERY BY FAMILIES OF PERSONS BURIED THERE, PLOT OWNERS, AND PERSONS CONDUCTING GENEALOGY; TO AUTHORIZE THE PROPERTY OWNER TO DESIGNATE TIMES AND FREQUENCY OF ACCESS; TO PROVIDE THAT THE PROPERTY OWNER IS IMMUNE FROM LIABILITY IN ANY ACTION ARISING OUT OF GRANTING SUCH ACCESS; TO ESTABLISH A CAUSE OF ACTION FOR DENIAL OF REASONABLE ACCESS; AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO A DEED THAT CREATES OR RESERVES A CEMETERY ON PRIVATE PROPERTY; AND TO DESIGNATE SECTIONS 27-43-10 THROUGH 27-43-40 AS ARTICLE 1 OF CHAPTER 43, TITLE 27, ENTITLED "REMOVAL OF ABANDONED CEMETERIES" AND TO REENTITLE CHAPTER 43, TITLE 27 AS "CEMETERIES".
Read the first time and referred to the Committee on Judiciary.
H. 3372 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-3312 SO AS TO PROVIDE THAT PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING INVOLVING THE SOUTH CAROLINA REVENUE PROCEDURES ACT ARE OPEN TO THE PUBLIC; TO AMEND SECTION 6-34-40, RELATING TO TAX CREDITS FOR RETAIL FACILITIES REVITALIZATION, SO AS TO MAKE A TECHNICAL CHANGE AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY PROMULGATE REGULATIONS IN CONNECTION WITH THESE CREDITS, BUT IS NOT REQUIRED TO; TO AMEND SECTION 12-2-20, AS AMENDED, RELATING TO THE DEFINITION OF "PERSON" FOR PURPOSES OF ADMINISTRATION OF TAXES BY THE DEPARTMENT OF REVENUE, SO AS TO ADD A DEFINITION FOR "INDIVIDUAL"; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICABILITY OF THE INTERNAL REVENUE CODE TO THIS STATE, SO AS TO PROVIDE FOR A TAXPAYER FILING A STATE RETURN WITH AN APPROVAL FROM THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-6-545, AS AMENDED, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CORRECT A CROSS REFERENCE AND TO FURTHER PROVIDE FOR AN ELECTION BY A TAXPAYER OWNING AN INTEREST IN A PASS-THROUGH BUSINESS FOR WHICH A PORTION OF THE ACTIVE INCOME IS RELATED TO HIS PERSONAL SERVICES; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL SO AS TO PROVIDE FOR CERTIFICATION FROM A SUPERVISOR OF THE TAXPAYER CLAIMING THE DEDUCTION; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT CROSS REFERENCES AND TO FURTHER PROVIDE FOR DESIGNATION OF THE CORPORATE HEADQUARTERS OF A GENERAL CONTRACTOR LICENSED IN THIS STATE; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO CREDIT AGAINST THE STATE INCOME TAX FOR REHABILITATION OF A CERTIFIED HISTORIC STRUCTURE, SO AS TO PROVIDE FOR THE FILING OF THE CERTIFICATION BY THE TAXPAYER WITH A TAX RETURN; TO AMEND SECTION 12-6-3585, RELATING TO THE TAX CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND, SO AS TO SUBSTITUTE THE WORD "SINGLE" FOR "INDIVIDUAL" WHEN DESCRIBING THE TAXPAYER AND TO PROVIDE FOR AVAILABILITY OF THE QUALIFYING FORM TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-3587, RELATING TO A TAX CREDIT FOR INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM SO AS TO SPECIFY THAT THE INSTALLATION MUST BE DONE IN A BUILDING IN THIS STATE; TO AMEND SECTION 12-6-4980, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS, SO AS TO PROVIDE FOR AN EXTENSION NOT TO EXCEED SIX MONTHS, TO DELETE THE REQUIREMENT THAT THE EXTENSION BE ALLOWED FOR GOOD CAUSE, AND TO DISALLOW ANOTHER EXTENSION FOR A TAXPAYER WHO FAILS TO MEET THE REQUIREMENT OF THE PREVIOUS EXTENSION; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING FROM A NONRESIDENT SELLER, SO AS TO PROVIDE FOR THE REMITTANCE OF WITHHELD AMOUNTS BY A LENDING INSTITUTION, REAL ESTATE AGENT, OR CLOSING ATTORNEY; TO AMEND SECTION 12-8-590, RELATING TO WITHHOLDING INCOME TAX FROM A NONRESIDENT DISTRIBUTEE SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-8-1520, AS AMENDED, RELATING TO DUTIES OF AN INCOME TAX WITHHOLDING AGENT TO DEPOSIT AND PAY WITHHOLDINGS, SO AS TO PROVIDE FOR RETURN AND REMITTANCE ON AN ANNUAL BASIS BY AN AGENT NOT REQUIRED TO WITHHOLD MORE THAN ONE THOUSAND DOLLARS IN A CALENDAR YEAR; TO AMEND SECTION 12-8-2020, RELATING TO REFUND OR CREDIT FOR OVERPAYMENT OF WITHHELD TAX, SO AS TO DELETE THE REQUIREMENT THAT THE WITHHOLDING AGENT FURNISH EVIDENCE AND TO DELETE TIME AND DOLLAR AMOUNT LIMITATIONS; TO AMEND SECTION 12-20-90, AS AMENDED, RELATING TO LICENSE FEES FOR HOLDING COMPANIES, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-23-20, AS AMENDED, RELATING TO EXEMPTION FROM THE BUSINESS LICENSE TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CONFORM THE TIMES FOR WHICH THE ASSESSMENT OF TAXES MAY BE SUSPENDED; TO AMEND SECTION 12-36-2510, AS AMENDED, RELATING TO A CERTIFICATE ALLOWING A TAXPAYER TO BUY TANGIBLE PERSONAL PROPERTY TAX FREE AND THE PURCHASER TO BE LIABLE FOR TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-37-270, AS AMENDED, RELATING TO CREDITS TO THE TRUST FUND FOR TAX RELIEF IN AN AMOUNT SUFFICIENT TO PAY REIMBURSEMENT, SO AS TO PERMIT, BUT NOT REQUIRE, THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS IN THAT CONNECTION; TO AMEND SECTION 12-54-44, AS AMENDED, RELATING TO CRIMINAL PENALTIES IN CONNECTION WITH FILING A RETURN OR STATEMENT, SO AS TO PROVIDE FOR THE FELONY OF SUBMITTING A FALSE OR FRAUDULENT W-2 FORM AND TO PROVIDE PENALTIES; TO AMEND SECTION 12-54-70, AS AMENDED, RELATING TO EXTENSION OF TIME FOR FILING RETURNS OR PAYING TAX, SO AS TO PROVIDE FOR AN EXTENSION OF TIME NOT TO EXCEED SIX MONTHS AND TO DELETE THE REQUIREMENT THAT GOOD CAUSE BE SHOWN; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENTS, SO AS TO PROVIDE FOR THE TOTAL OF ALL TAXES REQUIRED TO BE SHOWN ON A RETURN IN CONNECTION WITH DETERMINATION OF AN UNDERSTATEMENT OF TAXES, TO PROVIDE FOR TIME LIMITS FOR ASSESSMENT OF USE TAXES, AND TO PROVIDE THAT THE TIME LIMITATIONS DO NOT APPLY TO SUCCESSOR LIABILITY STATUTES; TO AMEND SECTION 12-54-155, AS AMENDED, RELATING TO PENALTIES FOR UNDERSTATEMENT OF TAXES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR DISCLOSURE OF THE TAXPAYER'S ADDRESS AS SHOWN ON THE RETURN, TO OMIT A CROSS REFERENCE, AND TO ALLOW THE DISCLOSURE OF INFORMATION IN CONNECTION WITH PROCEEDINGS AND RECORDS OF A CONTESTED CASE HEARING OF THE ADMINISTRATIVE LAW COURT PURSUANT TO THE SOUTH CAROLINA REVENUE PROCEDURES ACT; TO AMEND SECTION 12-60-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT IN CONNECTION WITH THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO INCLUDE DISPUTES CONCERNING PROPERTY TAXES; TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO THE ADMINISTRATIVE TAX PROCESS, SO AS TO CORRECT A CROSS REFERENCE; TO REPEAL SECTION 12-58-90 RELATING TO NOTICE TO TAXPAYER OF A HEARING IN CONNECTION WITH THE TAXPAYERS' BILL OF RIGHTS AND ACT 370 OF 2002 RELATING TO THE NURSING HOME FRANCHISE FEE; TO AMEND SECTION 6-1-32, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTION 12-37-2725, AS AMENDED, RELATING TO REFUNDS OF VEHICLE REGISTRATION FEES AND PERSONAL PROPERTY TAXES ON SUCH VEHICLES WHEN A TITLE IS TRANSFERRED OR THE VEHICLE OWNER REGISTERS THE VEHICLE IN ANOTHER STATE, SO AS TO PROVIDE AN ADDITIONAL METHOD OF PROOF FOR OBTAINING THE REFUND OF PERSONAL PROPERTY TAXES ON A VEHICLE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE ASSESSOR DETERMINES NECESSARY AND TO REVISE THE PENALTY FOR TIMELY FAILURE TO NOTIFY THE ASSESSOR WHEN REAL PROPERTY NO LONGER QUALIFIES FOR THIS SPECIAL ASSESSMENT RATIO; TO AMEND SECTION 12-51-50, AS AMENDED, AND SECTION 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO REPLACE THE REFERENCE TO LEGAL SALES DATE WITH THE ADVERTISED DATE FOR THE SALE AND INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE MAXIMUM PENALTY FOR DEFAULTING ON A TAX SALE BID; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE OFFENSE OF DISCLOSURE OF TAX INFORMATION, SO AS TO REVISE AN EXEMPTION TO THIS OFFENSE; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
Read the first time and referred to the Committee on Finance.
H. 3449 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
Read the first time and referred to the Committee on Judiciary.
H. 3495 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 8-11-160 AND 8-11-165, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO INCLUDE TECHNICAL COLLEGE PRESIDENTS AS OFFICIALS TO WHICH THESE PROVISIONS APPLY.
Read the first time and referred to the Committee on Finance.
H. 3511 (Word version) -- Reps. Umphlett, G. Brown, Clemmons, Dantzler, Leach, M. A. Pitts and Viers: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS, SO AS TO PROVIDE THAT AN OFFICER IN THE MILITIA, A NOTARY PUBLIC, A DELEGATE TO A CONSTITUTIONAL CONVENTION, A LAW ENFORCEMENT OFFICER WHO HOLDS A LOCAL OFFICE AND A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE ARE NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Read the first time and referred to the Committee on Judiciary.
H. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J. R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A TAXPAYER EMPLOYING AN APPRENTICE IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
Read the first time and referred to the Committee on Finance.
H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E. H. Pitts, G. R. Smith, Williams and Bales: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
Read the first time and referred to the Committee on Finance.
H. 3568 (Word version) -- Reps. Thompson and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR AGRICULTURAL REAL PROPERTY THAT DOES NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF THE PROPERTY TAX.
Read the first time and referred to the Committee on Finance.
H. 3629 (Word version) -- Reps. Sandifer, Parks, Breeland, Cobb-Hunter and Harrison: A BILL TO AMEND SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATING REGULATIONS OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO INCREASE THE MINIMUM FINE TO ONE THOUSAND DOLLARS AND TO INCREASE THE MAXIMUM FINE TO FIVE THOUSAND DOLLARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3631 (Word version) -- Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson: A BILL TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE BY ENDORSEMENT REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE AND TO CLARIFY THAT CERTAIN REQUIREMENTS APPLY TO LICENSURE TO PRACTICE AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS AND TO LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3659 (Word version) -- Reps. Kirsh, Simrill, Owens, Scott and McLeod: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE THAT A STATE AGENCY OR LOCAL ENTITY THAT DOES NOT RECEIVE THE SAME AMOUNT OF REVENUE FROM THE EXCISE TAX AS IT DID FROM THE MINIBOTTLE TAX IN FISCAL YEAR 2004-2005, IT IS TO RECEIVE THE DIFFERENCE FROM THE GENERAL FUND WITHIN THIRTY DAYS AFTER THE CLOSE OF EACH QUARTER IN A CALENDAR YEAR.
Read the first time and referred to the Committee on Finance.
H. 3713 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-735 SO AS TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM OF THE BUDGET AND CONTROL BOARD IS DIRECTED TO DEVELOP, FOR EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THE HEALTH PLANS OFFERED BY THE EMPLOYEE INSURANCE PROGRAM, AN INCENTIVE PLAN IN ORDER TO ENCOURAGE PARTICIPATION IN PROGRAMS THAT PROMOTE HEALTH AND PREVENTION OF DISEASE, AND TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM, UPON APPROVAL OF THE BUDGET AND CONTROL BOARD, IS FURTHER DIRECTED TO IMPLEMENT A PREMIUM REDUCTION OR OTHER FINANCIAL INCENTIVE, BEGINNING ON JANUARY 1, 2008, FOR THOSE EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THESE PROGRAMS.
Read the first time and referred to the Committee on Finance.
H. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 3722 (Word version) -- Reps. Scott, Govan, Rutherford, Whipper, Brantley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Breeland, G. Brown, R. Brown, Clyburn, Cobb-Hunter, Funderburk, Hart, Harvin, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Knight, Mack, McLeod, Miller, Mitchell, J. H. Neal, Ott, Parks, Sellers, Vick, Weeks and Williams: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO, AMONG OTHER THINGS, ESTABLISH A STATE POLICY TO ENCOURAGE THE DEVELOPMENT AND PROMOTE THE ACCOUNTABILITY OF PROFESSIONAL ENGINEERS; TO PROVIDE STAGGERED TERMS FOR MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REVISE THE CAP ON CIVIL FINES; TO AUTHORIZE THE BOARD TO WAIVE STATE LICENSING AND CREDENTIALING REQUIREMENTS DURING A STATE OF DECLARED PUBLIC EMERGENCY; TO PROVIDE FOR THE LICENSURE AND REGULATION OF SURVEYORS, RATHER THAN LAND SURVEYORS; TO ELIMINATE CATEGORY A ENGINEER LICENSURE AND TO PROVIDE THAT CATEGORY B ENGINEERS MAY CONTINUE TO PRACTICE UNTIL JULY 1, 2020, AT WHICH TIME CATEGORY B ENGINEERING CEASES TO EXIST; TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE AS AN ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING; AND TO DELETE OBSOLETE PROVISIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3765 (Word version) -- Reps. Edge, Merrill, Witherspoon, Hardwick, Ceips, Duncan, Herbkersman, Spires, Taylor, Viers, Chalk, Clemmons, Barfield, Loftis, Scarborough, Hagood, Stavrinakis and Limehouse: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX SIXTY-TWO PERCENT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND ITS MOTOR, IF IT IS NOT ATTACHED TO THE WATERCRAFT; AND TO AMEND SECTION 12-37-714, RELATING TO PROPERTY TAX ON BOATS WITH SITUS IN SOUTH CAROLINA, SO AS TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE TO BE SUBJECT TO THE PROPERTY TAX FROM THIRTY DAYS TO NINETY DAYS, AND TO INCREASE THE NUMBER OF DAYS A BOAT THAT IS NOT USED IN INTERSTATE COMMERCE MUST BE PRESENT IN THE STATE FROM SIXTY CONSECUTIVE DAYS TO ONE HUNDRED TWENTY CONSECUTIVE DAYS.
Read the first time and referred to the Committee on Finance.
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
Read the first time and referred to the Committee on Finance.
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Read the first time and referred to the Committee on Judiciary.
H. 3818 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.
Read the first time and referred to the Committee on Finance.
H. 3828 (Word version) -- Reps. Cato, Loftis, Alexander, Duncan, Perry, Scott, Talley, Bales, Haskins, Witherspoon, Huggins, Bedingfield, Harrison, G. R. Smith, Bannister, Barfield, Battle, Branham, Chellis, Clemmons, Cooper, Crawford, Edge, Gambrell, Hardwick, Hayes, Jennings, Leach, Limehouse, Lowe, Mahaffey, Mitchell, Ott, Pinson, Rice, Sandifer, Scarborough, W. D. Smith, Taylor, Thompson, Vick, Viers, Walker and White: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 8, 2008, AT WHICH TIME IT IS DISSOLVED.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3830 (Word version) -- Rep. Perry: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A MUNICIPALITY; AND TO AMEND SECTIONS 31-7-30, 31-7-80, AND 31-7-120, RELATING TO DEFINITIONS, PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS AND INTERGOVERNMENTAL AGREEMENTS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO REENACT PORTIONS OF THE DEFINITION OF "BLIGHTED AREA" INADVERTENTLY DELETED AND REVISE DEFINITIONS FOR "CONSERVATION AREA" AND "REDEVELOPMENT PROJECT AREA", TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A COUNTY, AND TO CLARIFY THE APPLICATION OF MUNICIPAL AND COUNTY TAX INCREMENT FINANCING LAWS TO INTERGOVERNMENTAL AGREEMENTS.
Read the first time and referred to the Committee on Finance.
H. 3914 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3093, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Transportation.
H. 3915 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3094, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Transportation.
H. 3923 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD AT THE TIME OF THE GENERAL ELECTION INSTEAD OF THE SECOND TUESDAY OF MARCH, IN APPROPRIATE YEARS, BEGINNING IN 2010 AND 2012.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3933 (Word version) -- Reps. Mitchell, Whipper, Branham, Cotty, Merrill, Loftis, Clyburn, Anderson, J. H. Neal, McLeod, F. N. Smith, Govan, Brantley, Ott, Alexander, Crawford, Bedingfield, Cato, Hosey, Lucas, Knight, Bingham, Agnew, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Ceips, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lowe, Mack, Mahaffey, Miller, Moss, Mulvaney, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams, Witherspoon, Young and Frye: A JOINT RESOLUTION TO CREATE A MULTI-AGENCY ADVISORY COMMITTEE TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE ENVIRONMENTAL JUSTICE IN THIS STATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3945 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SHIRLEY STAPLES CARTER ON RECEIVING THE PRESTIGIOUS JOURNALISM ADMINISTRATOR OF THE YEAR AWARD FROM THE SCRIPPS HOWARD FOUNDATION, AND TO HONOR HER OUTSTANDING CONTRIBUTIONS TO JOURNALISM EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3946 (Word version) -- Reps. Hart, Duncan, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS TO THE STUDENTS AND FACULTY OF VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY THE HEARTFELT SYMPATHY OF THE PEOPLE OF SOUTH CAROLINA IN THE UNIVERSITY'S TRAGIC LOSS OF LIFE ON APRIL 16, 2007, AND TO OFFER OUR PRAYERS AND CONDOLENCES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3947 (Word version) -- Reps. Talley and Kelly: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ROEBUCK FIRE DISTRICT, OF SPARTANBURG COUNTY, UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY, TO THANK ITS FIREFIGHTERS FOR THEIR OUTSTANDING SERVICE TO THE ROEBUCK COMMUNITY, AND TO EXTEND BEST WISHES TO THE FIRE DISTRICT FOR THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3972 (Word version) -- Reps. Parks, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, 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, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. JAMES CLARENCE PRINCE, OF MCCORMICK COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Labor, Commerce and Industry polled out S. 504 favorable:
S. 504 (Word version) -- Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, TO PROVIDE THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE PROCEDURE FOR AN EMERGENCY BUILDING CODE MODIFICATION.
Ryberg Drummond Setzler Leventis McConnell Moore O'Dell Reese Ford Alexander Leatherman Verdin Grooms Malloy Bryant Peeler
Ordered for consideration tomorrow.
Columbia, S.C., April 24, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW. and has ordered the Bill enrolled for Ratification. Very respectfully, Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3694 (Word version) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, 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, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 695 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSING PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 696 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Senator HAYES explained the Bill.
S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
Senator HAYES explained the Resolution.
S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen, Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL DISCRETIONARY CAPITALIZATION REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC, AND TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES TO CONSUMERS IN ALL APPLICATIONS FOR INSURANCE AND POLICIES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL and RANKIN proposed the following amendment (JUD0499.005), which was adopted:
Amend the bill, as and if amended, page 9, after line 13, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 38-75-460 of the 1976 Code is amended to read:
"Section 38-75-460. The director or his designee, by written order, temporarily may expand the area in which the association shall provide essential property insurance. The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through normal channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory as defined in Section 38-75-310(7) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted.
(A) In order to maintain stability in the property insurance market and to assure the continued, consistent availability of essential property insurance coverage in the coastal area, the Director of the Department of Insurance, who is selected as defined in Section 38-1-20(16), or his designee, by written order, may expand the coastal area in which the association shall provide essential property insurance for periods up to twenty-four months. The order is subject to renewal by the director but no renewal shall exceed twenty-four months. In determining whether expansion of the coastal area is warranted, the director or his designee shall consider:
(1) changes in the number of insurers writing essential property insurance in the seacoast area and the capacity of those insurers including, but not limited to, the number of policies those insurers have cancelled or nonrenewed, as provided in Sections 38-75-730, 38-75-740, and 38-75-1160, during the previous twelve months;
(2) changes in the extent to which (a) nonadmitted or surplus lines insurers, or (b) South Carolina Coastal Captive Insurance Companies, pursuant to Article 5 of Chapter 90 of Title 38, are providing essential property insurance in the seacoast area;
(3) changes in reinsurance activity impacting insurers writing essential property insurance in the seacoast area;
(4) changes in the demand for property insurance in the seacoast area; and
(5) any other information considered relevant to effectuate the purpose of this chapter including, but not limited to, the availability of essential property insurance coverage for insurable property that is within the coastal area and is located in a Coastal Barrier Resource Act (CBRA) zone.
(B) The director or his designee shall find and declare the existence of conditions that threaten to destabilize the property insurance market and jeopardize the continued, consistent availability of essential property insurance in the seacoast area. The director or his designee shall utilize market surveys, data calls, catastrophe models, reinsurance information, and other objective sources to support the order of expansion.
(C) The director or his designee may expand the coastal area in which the association shall provide essential property insurance. The expansion may encompass a portion of the seacoast area or the entire seacoast area, but may not extend further than the seacoast area. The area must not be expanded more than reasonably necessary to ensure a stable property insurance market. An expansion of the coastal area is subject to the plan of operation as amended and approved by the director or his designee. The director or his designee shall report any expansion of the coastal area to the General Assembly within thirty days of the order of expansion or upon commencement of the next term of the General Assembly, if expansion occurs when the General Assembly is not in session. The General Assembly may revise or vacate any expansion order by passage of a joint resolution." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 664 (Word version) -- Senators Peeler, Fair, Hayes, Vaughn, O'Dell, Bryant, Ritchie, Reese, Martin, Alexander and Hawkins: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 29, 2007, AND FRIDAY, NOVEMBER 30, 2007, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
The Senate Resolution was adopted.
S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.
On motion of Senator HUTTO, the Bill was carried over.
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
On motion of Senator SETZLER, the Bill was carried over.
H. 3620--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby Amendment No. 9 was adopted (#16) on Tuesday, April 24, 2007.
The motion to reconsider the vote whereby Amendment No. 9 was adopted on Tuesday, April 24, 2007 was adopted.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 9 was laid on the table.
Senators MOORE, CROMER and SETZLER proposed the following Amendment No. 68 (DC SALUDA COUNTY DRUG COURT 2.DOC), which was adopted (#27):
Amend the bill, as and if amended, Part IA, Section 33, PROSECUTION COORDINATION COMMISSION, page 204, by inserting after line 31
COLUMN 7 COLUMN 8
/Saluda Cnty Drug Court 38,000 38,000/
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Senator MOORE explained the amendment.
The amendment was adopted.
Senators THOMAS and FAIR proposed the following Amendment No. 67 (DC FARMERS MARKET BYPASS.DOC), which was adopted (#28):
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 271, line 9-10, by striking opposite
COLUMN 7 COLUMN 8
Shop Road Farmers Market Bypass/ 1,000,000 1,000,000/
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Senator THOMAS explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. 49 (DG3 YEAR TECH ASSIST.DOC), which was adopted (#29):
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 398, by striking paragraph 1A.68 in its entirety and inserting:
/ 1A.68. (SDE-EIA: 3 Year Technical Assistance Plan) No school that received technical assistance funding in Fiscal Year 2006-07 and that implemented a three-year technical assistance plan approved by the Department of Education shall receive a reduction in those funds in Fiscal Year 2007-08. /
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Senator HAYES explained the amendment.
The amendment was adopted.
Senators O'DELL, MATTHEWS and ALEXANDER proposed the following Amendment No. 64 (DAD-8.34 REINSERT.DOC), which was adopted (#30):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 420, paragraph 8.34, lines 35 - 36 and page 421, lines 1-10 by striking the proviso in its entirety and by inserting:
8.34. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt suspended from provisions of Chapter 43, Title 40 of the 1976 Code that require:
(1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
(2) each pharmacy to have a pharmacist-in-charge;
(3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge;
(4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
(B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation.
(C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices.
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 69 (DGCHILD SUPPORT.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 439, by striking paragraph 13.27 in its entirety and inserting:
/ 13.27. (DSS: Child Support Enforcement System) From the funds appropriated in Part 1A, Section 13(F), the Department of Social Services shall prepare a detailed report on the status of the Child Support Enforcement System. The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines. The report shall be submitted to the General Assembly by August 31st of the current fiscal year. /
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators SHORT, GREGORY and McGILL proposed the following Amendment No. 44 (DAD-27.36 ECO DEV ORG.DOC), which was adopted (#32):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 455, paragraph 27.36, line 19, by striking line 19 in its entirety and by inserting:
/ 27.36. (CMRC: Economic Development Organizations) The Department of Commerce shall utilize $2,700,000 of the $3,000,000 appropriated /
Amend the bill further, as and if amended, Part IB, page 455, paragraph 27.36, line 28, by striking /$500,000/ and inserting /$450,000/
Amend the bill further, as and if amended, Part IB, page 455, paragraph 27.36, after line 31, by inserting:
/ The remaining $300,000 shall be provided to Chester County, Lancaster County, Union County, and York County provided they meet the requirements established above. /
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Senator McGILL explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 71 (3620R058.LKG.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, by striking paragraphs and 63.35 and 63.37 and inserting:
/ 63.35. (BCB: Competitive Grants) Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for a competitive grants program. These funds may be released to local subdivisions or nonprofit organizations must be apportioned to the counties of this State based on each county's percentage of total state population only upon the approval of for projects in the county approved by the Grants Committee of the Budget and Control Board, as provided in paragraph 63.37. The board is prohibited from transferring these funds to other programs. In addition, the board may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
63.37. (BCB: Grants Review Committee) On and after January 1, 2006, there is created within the Budget and Control Board the Grants Review Committee for the purpose of awarding grants to counties and municipalities. The committee shall consist of five members with one member appointed by each of the following officials: the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the Senate, and the Chairman of the Ways and Means Committee of the House of Representatives. The officials may make initial appointments to the committee and the committee members may organize prior to January 1, 2006. Members shall serve two-year terms coterminous with the appointing official. The committee must adopt rules of procedure and elect a chairman from the membership of the committee.
The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All applications must conform to and all grants must be awarded pursuant to criteria established by the committee. Grants must be awarded in amounts determined by the committee, not to exceed $100,000 per application, from funds appropriated by the General Assembly. Staff for the committee must be provided by the Budget and Control Board.
Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for approval by the committee.
The committee shall establish guidelines, which shall include but not be limited to:
1) Priorities for funding, to include but not be limited to, Department of Health and Environmental Control orders and consent decrees, the ability to match grant funds, and a focus on community festivals;
2) A signature of sponsorship on each application by a member of the General Assembly who is member of the delegation of the affected county;
3) A requirement that grant applications be awarded in consultation with the legislative delegation of the affected county;
4) Applications for consideration must be in the form prescribed herein and adopted by the committee for any award made effective July 1, 2007;
5) Counties and municipalities must report annually on the expenditure of the funds received until the funds are expended;
6) Final financial reports must be received by the committee within ninety days of the completion of the project along with a description of the results achieved in the interest of the community; and
7) The Budget and Control Board Office of Internal Audit shall have access to all Grants Review Committee records as it deems appropriate.
The committee should ensure that its process is efficient and minimizes unnecessary or duplicative paperwork. /
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Senator GROOMS explained the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cleary Cromer Drummond Elliott Fair Ford Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Pinckney Rankin Reese Setzler Sheheen Short Thomas Vaughn Williams
Bryant Campsen Courson Gregory Grooms Hawkins Ryberg Scott Verdin
The amendment was laid on the table.
While we support the concept of reforming the competitive grants program, we voted to table this amendment because we believe that it created more problems than it cured. It would have deleted the competitive nature of the program by simply handing out money to counties based on population and not merit.
Senator McCONNELL proposed the following Amendment No. 75 (DAD-WORKERS COMP COMM.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 558, after line 31, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: New Worker's Compensation Commissioners) In the event the legislation is enacted that directs the creation of one or more new Commissioners for the Workers' Compensation Commission, the Office of State Budget is directed to permanently transfer any excess funds from F30-Budget and Control Board, Employee Benefits, not to exceed $314,043 recurring and $30,000 non-recurring per Commissioner, for the implementation of the legislation. /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator BRYANT proposed the following Amendment No. 57 (3620R025.KLB.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 573, paragraph 73.10, by striking the proviso in its entirety, and inserting:
/ 73.10. (SR: Contingency Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds. Revenues in this fund may be appropriated only for the purposes provided in subsection (B).
(B)(1) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.
(2) After the appropriation of any amounts required pursuant to item (1) of this subsection and upon the close of the books for Fiscal Year 2006-07, the first $100,000,000 must be used to provide for an income tax credit for all persons who filed a South Carolina income tax return for tax year 2006. The Department of Revenue must determine the amount of the credit based on the number of 2006 filers and by providing each filer with an equivalent credit. The credit may be claimed by any eligible person on his 2007 state income tax return. Married persons filing joint returns may claim a credit for each filer.
(3) (3) After the appropriation of amounts required pursuant to item items (1), and (2) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for:
(a) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
(b) school buildings;
(c) school buses; and
(d) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match requirements with the Federal Emergency Management Agency.
(3) Appropriations from the Fund must be made by means of a joint resolution. /
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Senator BRYANT explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators GROOMS, RITCHIE, McCONNELL, RYBERG, BRYANT and CAMPSEN desired to be recorded as voting against the motion to table the amendment.
Senator BRYANT proposed the following Amendment No. 58 (3620R023.KLB.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 573, paragraph 73.10, by striking the proviso in its entirety, and inserting:
/ 73.10. (SR: Contingency Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds. Revenues in this fund may be appropriated only for the purposes provided in subsection (B).
(B)(1) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.
(2) After the appropriation of any amounts required pursuant to item (1) of this subsection and upon the close of the books for Fiscal Year 2006-07, the first $100,000,000 must be credited to the State Non-Federal Aid Highway Fund.
(3) (3) After the appropriation of amounts required pursuant to item items (1), and (2) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for:
(a) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
(b) school buildings;
(c) school buses; and
(d) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match requirements with the Federal Emergency Management Agency.
(3) Appropriations from the Fund must be made by means of a joint resolution. /
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Senator BRYANT explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators GROOMS, RITCHIE, McCONNELL, RYBERG, BRYANT and CAMPSEN desired to be recorded as voting against the motion to table the amendment.
Senator BRYANT proposed the following Amendment No. 73 (3620R056.DLT.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 577, paragraph 73.12, line 5, by striking:/ (F) National Bean Market Museum of South Carolina 950,000; /
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 73.12, by adding an appropriately numbered new item to read: / (__) Autism Parent-School Autism Program 150,000; /
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 73.12, by adding another appropriately numbered new item to read: ( ) Medically Fragile Children's Programs 800,000; /
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Senator BRYANT explained the amendment.
The amendment was laid on the table.
Senators McCONNELL, GROOMS, RYBERG, BRYANT and CAMPSEN desired to be recorded as voting against the motion to table the amendment.
Senator MOORE proposed the following Amendment No. 62A (3620R061.TLM.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE,, by adding an appropriately numbered new proviso to read:
/ 73. . (SR: Tax Relief Revenue Reduction) If the General Assembly provides in any act or joint resolution for a in the state income tax that results in an eighty-one million dollar reduction in the amount of revenue from this source projected to be available for appropriation in this Act, then each amount appropriated in Part IA of this Act is considered to be reduced by a proportional percentage necessary to compensate for the reduction in revenue /
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Senator MOORE explained the amendment.
Senator MARTIN spoke on the amendment.
On motion of Senator MOORE, with unanimous consent, the amendment was withdrawn.
Senator MATTHEWS proposed the following Amendment No. 77 (3620B015.JM.DOC), which was adopted (#34):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 582, paragraph 73.12, by striking line 4.
Amend the bill further, as and if amended, Part IB, page 587, Section 73, STATEWIDE REVENUE, paragraph 73.12, by inserting an appropriately numbered item after line 28 to read:
/ ( ) P21 SCSU (Public Service Activities)
(A) Lower Orangeburg/Upper Dorchester Community Development Corporation 200,000/
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments to the General Appropriation Bill be received on the Desk for consideration after 2:00 P.M., with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill.
There was no objection and the motion was adopted.
At 11:41 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 12:15 P.M.
At 12:26 P.M., the Senate resumed.
At 12:26 P.M., Senator THOMAS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator THOMAS moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
A quorum being present, the Senate resumed.
Senator ELLIOTT recorded his presence subsequent to the Call of the Senate.
Senators SHORT and HAYES proposed the following Amendment No. 61 (3620B013.LHS.DOC), which was adopted (#35):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 404, paragraph 1AA.7., line 28, by striking:
/ disorders as specified in Section 59-150-230(I) of the 1976 Code. All additional revenue in excess of the amount certified by the/
and inserting:
/ disorders as specified in Section 59-150-230(I) of the 1976 Code. The next $250,000 shall be distributed for education excellence enhancement to a non-profit or public two-year institution where sixty percent or more of the enrolled students are low-income and educationally disadvantaged, the institution is qualified under Part B, Subchapter III, Chapter 28, Title 20 of the United States Code and has been established in this state since 1894. All additional revenue in excess of the amount certified by the /
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Senator SHORT explained the amendment.
The amendment was adopted.
Senator COURSON proposed the following Amendment No. 17 (CPHIGHEDSTUDY.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 411 , after line 11, by adding an appropriately numbered paragraph to read:
/ (CHE: Higher Education Task Force) The funds appropriated to the Commission on Higher Education for the Task Force on Higher Education Study Committee/ shall be utilized to establish the Higher Education Task Force whose mission shall be to develop and recommend an evolving, multi-year statewide strategic plan for higher education in South Carolina to meet the needs of the state as can be addressed by higher education.
The task force shall consist of nine members appointed as follows: three by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House of Representatives, one by the Chairman of the Senate Finance Committee, one by the Chairman of the House Ways and Means Committee, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee. The members appointed shall include persons knowledgeable in issues involving higher education to include, but not be limited to, higher education officials, K-12 education officials, and members of the business community. The task force shall elect its chairman from among its appointed members.
The task force shall review the current higher education mission and goals as set forth in Section 59-103-15 of the 1976 Code, taking into consideration the areas identified by the Governor's Task Force on Higher Education in their final report issued September 28, 2006, and shall also review all state supported higher education scholarship and grant programs.
Upon completion of the review the task force shall develop and recommend a Statewide Higher Education Strategic Plan which shall include, but not be limited to, the following five aspects of higher education as recommended by the Governor's Task Force on Higher Education's final report
1) Institutional Missions and Academic Programs and Planning;
2) Enrollment;
3) Funding and Institutional Cost;
4) Buildings, Facilities, and Information Technology; and
5) Organization and Plan Implementation.
The Plan shall also include recommendations for all state supported higher education scholarship and grant programs whether funded through the Education Lottery Account or through the State General Fund.
The task force shall submit recommendations for the Higher Education Statewide Strategic Plan to the General Assembly by February 1, 2008. /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 79 (AS- HHS IMD STUDY COMMITTEE.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 422, after line 9, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: IMD Study Committee) The Department of Health and Human Services shall coordinate a committee to study the availability of care and services provided to adult residents by community residential care facilities in South Carolina. The committee shall consist of seven members as follows; two members appointed by the Governor, one of whom shall serve as chairman, one member appointed by the President Pro Tempore of the Senate, one member appointed by the Speaker of the House, one member appointed by the Chairman of the Senate Finance Committee, one member appointed by the Chairman of the Ways and Means Committee and the Director of the Department of Health and Human Services or his designee who shall serve ex-officio. The appointed members may be from either the public or private sector of the state. The Committee is tasked with studying the manner in which services are provided to adults in residential care facilities and making recommendations about the specific services that should be provided and the manner in which they should be provided. The committee shall consider the impact that the Federal Institute of Mental Disease (IMD) exclusion may have on the cost and accessibility of services provided by community residential care facilities. The committee shall report their findings to the General Assembly and the Governor no later than June 9, 2008. Committee members shall serve without compensation. /
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 70 (3292DW07.DOC), which was adopted (#38):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 429, paragraph 9.48, line 26, by striking /11%/ and inserting /11% 16%/; and line 27 by striking /10%/ and inserting / 10% 5% /.
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Senator O'DELL explained the amendment.
The amendment was adopted.
Senators McCONNELL, MARTIN and FAIR proposed the following Amendment No. 84 (DGLICENSE FEES.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part IB, Section 36A, DEPARTMENT OF MOTOR VEHICLES, page 469, by striking paragraph 36A.5 in its entirety and inserting:
/ 36A.5. (DMV: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund of the State, except for those Fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, and those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, shall be transferred to the Department of Public Safety. All fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, shall be transferred to the Department of Motor Vehicles to be used by the department to defray the expenses of the Department of Motor Vehicles. /
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Senator MARTIN explained the amendment.
The amendment was adopted.
Senators LEATHERMAN and McCONNELL proposed the following Amendment No. 74 (DAD-JCGAO.DOC), which was adopted (#40):
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 493, after line 21, by adding an appropriately numbered paragraph to read:
/ 54. . (LEG: JCGAO) There is hereby created the Joint Committee on Government Accountability and Oversight (JCGAO). The committee shall be comprised of eight legislative members, which shall be the President Pro Tempore of the Senate or his designee, the Speaker of the House of Representatives or his designee, the Chairman of the Senate Finance Committee or his designee, the Chairman of the House Ways and Means Committee or his designee, and each of these legislative office holders shall appoint one additional legislator. The purpose of the committee shall be to review and assess the merits of the recommendations of the report of the Governor's GEAR Committee and provide recommendations to the General Assembly as to any improvement deemed appropriate. The committee may further make any recommendation it deems appropriate in improving government processes for efficiency and accountability and shall provide its' report as directed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. /
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Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators SHORT and SHEHEEN proposed the following Amendment No. 53 (DAD-73.10 REDEFINE POP CAP.DOC), which was adopted (#41):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 574, paragraph 73.10, line 15, by striking: / 150,000 / and by inserting: / 100,000 /
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Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
Senator SETZLER spoke on the amendment.
Senator SETZLER moved to lay the amendment on the table.
Senator SHORT spoke on the amendment.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senators SHORT and SHEHEEN proposed the following amendment (DAD-73.10 INTERSTATE 2ND 25M.DOC), which was adopted (#42):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 574, paragraph 73.10, line 17, by striking line 17 in its entirety and by inserting: / and the next $25,000,000 shall be utilized in other rural counties, excluding I-95, for infrastructure projects. Counties /
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Senator SHORT explained the amendment.
The amendment was adopted.
Senator MALLOY proposed the following Amendment No. 83 (KWEDELMAN CULTURAL CENTER.DOC), which was adopted (#43):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 577, paragraph 73.12, after line 7, by inserting an appropriately numbered subitem to read:
/ ( ) Edelman Cultural Center 10,000 /
Amend the bill further, as and if amended, Part IB, page 580, paragraph 73.12, line 35, opposite / (u) Darlington Byerly Park / by striking /160,000/ and inserting /150,000/
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Senator MALLOY explained the amendment.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 81 (3620B017.JM.DOC), which was adopted (#44):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 587, paragraph 73.12, by striking lines 25-26, and inserting:
/ (I)I-95 Corridor and Global Logistic Triangle 700,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators HUTTO, LAND, SHORT and LOURIE proposed the following Amendment No. 86 (AS- SCHIP No Premium.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 421, paragraph 8.36, lines 23 - 35 and page 422, lines 1 -2 by striking the proviso in its entirety and inserting:
/8.36. (DHHS: State Children's Health Insurance Program) The Department of Health and Human Services shall establish a separate, stand-alone plan under the authority of the State Children's Health Insurance Program (SCHIP) for the purpose of expanding eligibility for children up to two hundred percent (200%) of the prevailing federal poverty level. All other Medicaid eligibility criteria shall apply. For these purposes, a child is considered to be an individual under the age of nineteen. This plan shall operate as a combination program complementing existing Medicaid and Medicaid SCHIP expansion programs. The program shall be modeled on private insurance and the benefits package must be substantially equal to the benefits provided by: 1) Federal Employee Health Benefits Program Standard Option; or, 2) a plan offered to state employees; or, 3) a plan offered by an HMO with the largest commercial enrollment in the state; or, 4) a plan approved by the Secretary of the Federal Department of Health & Human Services. The private benefit plan must include dental and visual benefits substantially equal to those benefits currently offered to existing beneficiaries under the Medicaid program. Implementation of this program is contingent upon the availability of Federal funding appropriated for this purpose. The department shall be authorized to limit the number of enrollees, close enrollment, or establish a waiting list as necessary so as not to exceed available state appropriations. No cost sharing provision shall be applied. Enrollment will begin no sooner than October 1, 2007. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senator PATTERSON proposed the following Amendment No. 90 (3620B019.KP.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part IB, Section 51, EMPLOYMENT SECURITY COMMISSION, page 486, after line 36, by adding an appropriately numbered paragraph to read:
/ 51.___. (ESC: Unemployment Rate) The S.C. Employment Security Commission shall cite the Black Unemployment Rate, according to the U.S. Department of Labor, whenever the unemployment rate is reported. /
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Senator HUTTO explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 87 (22852AB07.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 508, after paragraph 62.11, by adding an appropriately numbered paragraph to read:
/ 62.__ (ELECT: Advisory Referendum) (A) A statewide advisory referendum must be held at the same time as the 2008 Statewide Primary Election to ascertain the wishes of the qualified electors of this State as to whether or not the state's taxation rate on cigarettes should be increased to an amount equal to the national average of all cigarette taxation rates for the purpose of applying all revenue generated from the increased cigarette taxation rate to provide a reduction of the state's income taxation rate.
(B) The question put before the voters at the 2008 advisory referendum must read as follows:
"Do you favor increasing the taxation rate on cigarettes to an amount equal to the national average of all cigarette taxation rates for the purpose of applying the revenue generated from the increased cigarette taxation rate to provide a reduction of the state's income taxation rate?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(C) Within sixty days after the results of the 2008 Statewide Primary Election are certified, the State Election Commission shall certify the results of the referendum to the Governor, President Pro Tempore of the Senate, the Speaker of the House, and the respective chairmen of the Senate Finance Committee and the House Ways and Means Committee.
(D) The State Election Commission shall expend funds necessary for the cost of the advisory referendum with funds appropriated to it in this act. /
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Senator THOMAS explained the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
Senator THOMAS spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator THOMAS resumed explaining the amendment.
At 1:23 P.M., Senator MARTIN assumed the Chair.
Senator THOMAS resumed explaining the amendment.
Senator GROOMS spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 89 (22855SSP07.DOC), which was adopted (#47):
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 508, after line 11, by adding an appropriately numbered paragraph to read:
/62.___. (ELECT: Security Plan) Of the funds appropriated to the State Election Commission, the State Election Commission shall issue a security plan to insure that fair and impartial elections are conducted. In the event that the State Election Commission determines that the security plan is not being followed, it is authorized to file a petition in the courts of this State to insure that the security plan is followed./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator BRYANT proposed the following Amendment No. 88 (3620R060.KLB.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 73.12, by striking paragraph 73.12(B) and inserting:
/(B) From such Fiscal Year 2006-07 unobligated general fund revenues the appropriations in this provision are listed in priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
The following sums are appropriated for the purposes stated:
(1) Unobligated Surplus in Part 1A $ 78,296,073;
(2) H63-Department of Education
(A) 4 Year Pre-Kindergarten Child Development Education Pilot Program 9,294,497;
(B) First Steps- 4 Year Pre-Kindergarten Child Development Education Pilot Program 7,858,576;
(C) School Transportation 29,553,931;
(D) School Buses 30,546,069;
(E) Boys & Girls Clubs 1,300,000;
(F) EFA Reserve Fund 20,000,000;
(3) H79-Department of Archives & History
(A) Electronic Archives Development 218,000;
(B) Public Access Upgrades 40,000;
(4) B04-Judicial Department
(A) Court Technology 1,550,000;
(B) Travel 1,000,000;
(5) P16-Department of Agriculture
(A) Agri-Tourism and Economic Development 2,000,000;
(B) Colleton Farmers Market Revitalization Project 150,000;
(6) P24-Department of Natural Resources
(A) Law Enforcement 730,400;
(B) Marine Infrastructure 5,000,000;
(C) Law Enforcement Equipment 500,000;
(D) Freshwater Fish Hatchery Maintenance 2,165,000;
(E) Upgrade VHF Radio System 5,000,000;
(F) Information Technology 2,500,000;
(G) Historic Houses & Structures 2,200,000;
(H) Recruitment and Retention of Staff 500,000;
(7) P28-Department of Parks, Recreation, and Tourism
(A) Advertising-Statewide 10,000,000;
(B) Advertising - Destination Specific 5,000,000;
(C) Product Development 5,000,000;
(D) State Parks Asbestos Abatement 1,000,000;
(E) Parks and Recreation Development Fund (PARD) 2,400,000;
(8) R20-Department of Insurance
(A) Uninterruptible Power Source (UPS) & Generator 20,000;
(9) R36-Department of Labor, Licensing, & Regulation
(A) VSAFE Fire Fighter Grants 3,000,000;
(B) Urban Search & Rescue 983,850;
(10) E24-Adjutant General
(A) Alternative Power Source for Shelters 2,920,000;
(B) SC Joint Communications Center of Excellence 1,000,000;
(C) Federal Match 2005 Ice Storm 3,679,096;
(D) The Citadel-South Carolina National Guard Readiness Center 2,500,000;
(11) P32-Department of Commerce
(A) Closing Fund 7,000,000;
(12) P40-Conservation Bank
Conservation Land Bank 5,000,000;
(13) Y14-State Ports Authority
Harbor Dredging 2,400,000;
(14) D17-Governor's Office-Office of Executive Policy and Programs
(A) State Veterans' Cemetery 15,000;
(B) Children's Trust Fund 100,000;
(C) Victims Assistance (SCVAN) 48,000;
(15) J02-Department of Health & Human Services
(A) Rural Hospital Grants 2,500,000;
(B) Prevention Partnership Grants 2,000,000;
(C) Outpatient Hospital Rates 5,000,000;
(D) Shared Care 50,000;
(E) Federally Qualified Community Health Centers 1,100,000;
(F) Physician Reimbursements 3,000,000;
(G) In-Home Nursing Rate Increase 200,000;
(H) Emergency Medical Transportation Services Rate Increase 250,000;
(I) Chronic Kidney Disease Initiative 200,000;
(15.1) (Federally Qualified Community Health Centers) The funds appropriated to the Department of Health and Human Services for Federally Qualified Community Health Centers shall be distributed to Centers that had an increase in the number of uninsured individuals served during the prior reporting period.
(15.2) (In-Home Nursing Rate Increase) The $200,000 appropriated to the Department of Health and Human Services for In-Home Nursing Rate Increase shall be used for the In-Home Nursing Program in order to raise nurse wages.
(15.3) (Emergency Medical Transportation Services Rate Increase) The $250,000 appropriated to the Department of Health and Human Services for Emergency Medical Transportation Services Rate Increase shall be used to provide a rate increase for emergency ground ambulance services provided to Medicaid recipients.
(15.4) (Chronic Kidney Disease Initiative) The $200,000 appropriated to the Department of Health and Human Services for Chronic Kidney Disease Initiative shall be transferred to the National Kidney Foundation of South Carolina. The purpose of the Initiative shall be to provide public education and professional training throughout South Carolina to address the escalating number of persons with chronic kidney disease and those at risk for chronic kidney disease. The Chronic Kidney Disease Initiative shall include: (a) a free health screening program for those at risk for kidney disease, with the purpose of detecting and treating kidney disease at its earliest stages; (b) a public awareness campaign to educate South Carolinians about their risk for kidney disease and measures to prevent or treat the disease; and (c) training and education provided to medical professionals to recognize and properly treat those at risk in the early stages of kidney disease. The Foundation shall report to the department on the expenditure of these funds until the funds are expended.
(16) J04-Department of Health & Environmental Control
(A) Improve Water Quality 500,000;
(B) Food Service Inspections & Dairy Product Testing 115,500;
(C) Infectious Disease Prevention - Tuberculosis & Sexually Transmitted Diseases 30,000;
(D) Aids Drug Assistance Program 1,000,000;
(E) Infant Mortality Reduction 40,000;
(F) Vaccine Purchases for Under-Insured Children & Adolescents 2,397,192;
(G) Pandemic Influenza - Federal Purchasing Program TamiFlu 1,705,636;
(H) Prevention of Diabetes and Other Chronic Disease Disparities 120,000;
(I) Hemophilia Patient Services - Premium Assistance Program 100,000;
(J) Interstate Cooperation Monitoring Program 578,000;
(K) Comprehensive Youth Tobacco Program & Cessation 2,000,000;
(L) Onsite Water Systems 46,750;
(M) Organ Donor Registry 50,000;
(17.1) (Hemophilia Patient Services - Premium Assistance Program) The $100,000 appropriated to the Department of Health and Environmental Control for Hemophilia Patient Services - Premium Assistance Program shall be utilized for Patient Services Incorporated to implement the South Carolina Hemophilia Premium Assistance Program. Such efforts will maintain and enhance the current program as administered by the department and will determine whether the premium assistance program is cost-effective. The pilot program will begin no later than December 1, 2007. This program shall include persons with hemophilia, notwithstanding the provisions of Section 38-74-30(E)(3) of the 1976 Code. A report on the progress of the pilot will be made to the General Assembly and the Governor regarding savings resulting from the assistance program no later than April 30, 2008.
(18.2) (Interstate Cooperation Monitoring Program) Up to $30,000 of the funds appropriated for the Interstate Cooperation Monitoring Program shall be used by the Department of Health and Environmental Control to cover expenses incurred in the regular meetings of the Catawba/Wateree and Yadkin/Pee Dee Advisory Commissions. Commission members shall be authorized to receive per diem and mileage reimbursement as is provided by law for members of boards, commissions, and committees.
(19.3) (Beach Outfall Pipe Removal) The funds allocated for Beach Outfall Pipe Removal shall be spent in accordance with the priorities list established by the Department of Health and Environmental Control.
(20) J12-Department of Mental Health
(A) Nursing & Clinical Staff Recruitment & Retention 1,000,000;
(B) Columbia Area Mental Health Center Construction 4,430,000;
(20.1) (Mental Health Association Suicide Prevention Plan) The $50,000 appropriated to the Department of Mental Health for Mental Health Association Suicide Prevention Plan shall be provided to the Mental Health Association in South Carolina to implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force.
(22.2) (Charleston/Dorchester Community Mental Health Center) The $400,000 appropriated to the Department of Mental Health for the Charleston/Dorchester Community Mental Health Center shall be utilized for reimbursement of inpatient acute crisis care for the indigent provided through contract with the Charleston/Dorchester Community Mental Health Center. Any funds not obligated for these services must be used for the same purpose in succeeding fiscal years.
(23) J16-Department of Disabilities & Special Needs
(A) Pervasive Development Disorder Waiver 4,500,000;
(B) SC Center for the Treatment of Genetic Diseases 3,500,000;
(24) L04-Department of Social Services
(A) Adoption Subsidy 2,000,000;
(B) Child Care Vouchers 3,300,000;
(C) Child Support Enforcement System - Penalties 10,000,000;
(D) Children in Crisis 10,000;
(24.1) (Children's Advocacy Center) The $300,000 appropriated to the Department of Social Services for Children's Advocacy Centers must be distributed to the Children's Advocacy Center of Spartanburg for rehabilitation and renovation of properties to provide additional therapy space for physically and sexually abused children. The Children's Advocacy Center of Spartanburg shall submit to the Senate Finance Committee and the House Ways and Means Committee a detailed accounting for the expenditure of these funds by June 30, 2008.
(25) L24-Commission for the Blind
Rehabilitation - Vocational Rehabilitation Services 125,000;
(26) L36-Human Affairs Commission
Mediation 13,075;
(27) L46-Commission On Minority Affairs
(A) Personal Service 10,000;
(B) Technology/Software Maintenance 14,200;
(28) D10-Governor's Office-State Law Enforcement Division
(A) Gang Reporting Database 3,400;
(B) Arson/Bomb Agents & Support Staff - Startup Equipment 85,800;
(C) Forensic Scientists - Startup Equipment 642,067;
(D) Vehicle Replacement 870,000;
(E) DNA Sampling Lab Renovation and Retooling 1,200,000;
(F) Town of Lexington - Middle Schools - Security Camera System 20,000;
(29) K05-Department of Public Safety
(A) Highway Patrol Equipment 1,953,662;
(B) Fleet Rotation for Highway Patrol Officers 6,482,961;
(C) Bureau of Protective Services Officers Equipment 51,520;
(D) Operations & Upgrades to Reopen I-95 Weigh Station 6,710,096;
(E) Fleet Rotation for State Transport Police Officers 788,481;
(30) N04-Dept. of Corrections
(A) Facility Maintenance 1,000,000;
(B) Broad River 256 Bed Housing Unit - Startup Equipment 150,000;
(C) Lock-Up Unit at MacDougall Institution - Startup Equipment 20,000;
(D) Vehicle/Communication Equipment Purchases/Replacements 500,000;
(E) Second Chance Barn 50,000;
(F) Gilliam Hospital Renovations 700,000;
(31) N12-Department of Juvenile Justice
(A) Intensive Probation & Parole Supervision - Startup Equipment 42,671;
(B) Critical Transportation Needs 123,142;
(C) Live-Scan Finger Print System 120,000;
(D) Replacement of Obsolete Dormitory 3,275,420;
(E) Gang Reporting & Programming - Startup Equipment 6,000;
(F) 800 MHz Digital Radio System 440,000;
(G) ACES - Attitude, Communication, Emotions, Situations 250,000;
(32) N20-Law Enforcement Training Council
(A) Firearms/Driving Instructor - Startup Equipment 3,000;
(B) Defensive Tactics Instructor - Startup Equipment 6,500;
(C) Criminal Domestic Violence Instructors - Startup Equipment 2,000;
(D) Master Instructor Program - Startup Equipment 6,600;
(E) Leadership Training Program - Startup Equipment 77,800;
(F) Gang Training Instructors - Startup Equipment 42,000;
(G) Dormitory Renovation 1,210,000;
(H) Academy HVAC 1,000,000;
(I) Weapons Range 1 & 2 and Shotgun Renovation 500,000;
(J) Renovation of CJA Wrap-Around 1,000,000;
(K) Renovation of Dining Room Facilities 233,000;
(33) U12-Department of Transportation
(A) Commercial Motor Vehicle Rest Areas 637,400;
(B) Mass Transit 1,300,000;
Unexpended funds appropriated pursuant to this section must be used to provide for an income tax credit for all persons who filed a South Carolina income tax return for tax year 2006. The Department of Revenue must determine the amount of the credit based on the number of 2006 filers and by providing each filer with an equivalent credit. The credit may be claimed by any eligible person on his 2007 state income tax return. Married persons filing joint returns may claim a credit for each filer. /
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Senator BRYANT explained the amendment.
At 2:00 P.M., the ACTING PRESIDENT announced that the time had arrived whereby no further amendments would be accepted by the Desk for consideration.
Senator BRYANT resumed explaining the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators McCONNELL, VERDIN, RYBERG and BRYANT desired to be recorded as voting against the motion to table Amendment No. 88.
Senator SETZLER proposed the following Amendment No. 103A (3620B016.NGS.DOC), which was adopted (#48):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 422, paragraph , line 10, by inserting:
/ 8.__ (DHHS: Psychiatric Residential Treatment Facility) An existing facility currently licensed by the South Carolina Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home provider may elect to be enrolled with the Medicaid agency as a Psychiatric Residential Treatment Facility and licensed by the Department of Health and Environmental Control as a Residential Treatment Facility provided the facility meets the following criteria:
1) Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding Residential Treatment Facilities;
2) State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility.
A High Management Group Home facility may request and be granted a Certificate of Need exemption from the Department of Health and Environment Control for up to the number of beds existing as of January 1, 2007. Any such request must be submitted to DHEC prior to January 1, 2008. If the current High Management Group Home facility cannot meet licensing standards or obtain an exemption or waiver from licensing standards of the Department Health and Environmental Control, the High Management Facility, licensed by the Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home, may move and rebuild within the adjacent 20 miles up to the number of beds existing at the facility on January 1, 2007 and obtain the same exemptions. Facilities seeking to increase the existing number of beds beyond those held on January 1, 2007, or relocate outside of the 20 mile radius will be subject to all CON and licensing requirements.
High Management Groups Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid Agency. /
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Senator SETZLER explained the amendment.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 93 (3620R063.LAM.DOC), which was adopted (#49)
Amend the bill, as and if amended, Part IB, Section 36A, DEPARTMENT OF MOTOR VEHICLES, page 469, paragraph 36A.6, by striking the proviso in its entirety and inserting:
/ 36A.6. (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request. Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained by the department. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act for documents requested pursuant to Section 30-4-30. /
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Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 100 (DGUNDERAGE ALCOHOL.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 498, by striking paragraph 56DD.32 in its entirety and inserting:
/ 56DD.32 (Gov: SLED - Compliance/Underage Alcohol/Tobacco Enforcement) The State Law Enforcement Division is authorized to receive an amount of one hundred dollars of all initial alcoholic liquor, beer and wine license applications fees, two hundred dollars of all biennial alcoholic liquor, beer and wine beverage fees and fifty dollars of all local operation permit fees. These fees shall be collected by the Department of Revenue and remitted to the State Law Enforcement Division as soon as practicable. The State Law Enforcement Division is authorized to receive, retain, expend and carryforward these funds./
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Senator KNOTTS explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 98 (CL ELECTION DATABASE CLEANUP.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 508, after line 11, by adding an appropriately numbered paragraph to read:
/Of funds appropriated to the State Election Commission for the purposes of "Maintenance of Effort," a portion must be used to conduct a timely reconciliation of voter registration files maintained by the State Election Commission./
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 102 (DADSOL RET3.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 558, after line 31, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: Judicial/Solicitor Retirement Benefits) A member of the Retirement System for Judges and Solicitors who is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge or solicitor as provided in subsection (5) of Section 9-80-60 may retire and receive a retirement benefit while continuing to serve as judge or solicitor during Fiscal Year 2007-08 and receive a salary, but the employee and employer contributions during the fiscal year must continue to be paid if the judge or solicitor continues to serve pursuant to this provision as an active contributing member. Any provision of law requiring additional service accruing on account of these contributions is suspended for Fiscal Year 2007-08 or conflicting with this is suspended for Fiscal Year 2007-08 only. /
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Senator KNOTTS explained the amendment.
Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
On motion of Senator KNOTTS, with unanimous consent, the amendment was withdrawn.
Senator WILLIAMS proposed the following Amendment No. 101 (3620B020.KW.DOC), which was adopted (#52):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 585, paragraph 73.12, by striking line 22 and inserting:
/ (O) Weed & Seed Safe Haven 200,000 /
Amend the bill further, as and if amended, Part IB, page 585, Section 73, STATEWIDE REVENUE, paragraph 73.12, after line 22, by adding an appropriately numbered item to read:
/ ()Dillon Criterion Center 50,000 /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 99 (DGCOIN DEVICE.DOC), which was adopted (#53):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 499, by striking paragraph 56DD.34 in its entirety and inserting:
/ 56DD.34 (Gov: SLED - Coin Operated Device Enforcement) The State Law Enforcement Division is authorized to receive an amount of fifty dollars for each Class Two coin operated machine license. These funds shall be collected by the Department of Revenue and remitted to the State Law Enforcement Division as soon as practicable. The State Law Enforcement Division is authorized to receive, retain, expend and carryforward these funds. /
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Senator KNOTTS explained the amendment.
The amendment was adopted.
Senators RANKIN, CLEARY and ELLIOTT proposed the following Amendment No. 76 (DAD-COASTAL E&G 2M.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IA, Section 5F, COASTAL CAROLINA UNIVERSITY, page 46, by inserting after line 15
COLUMN 7 COLUMN 8
/Education and General 2,000,000 2,000,000/
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Senator RANKIN explained the amendment.
Senator COURSON spoke on the amendment.
Senator CLEARY argued in favor of the adoption of the amendment.
Senator ELLIOTT spoke on the amendment.
On motion of Senator ELLIOTT, with unanimous consent, the amendment was withdrawn.
Senator RYBERG proposed the following Amendment No. 28 (3620R045.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 254, line 3, by:
COLUMN 7 COLUMN 8
/ STRIKING: 112,407 112,407
and
INSERTING: 137,126 137,126/
Amend the bill further, as and if amended, Part IB, page 484, by striking paragraph 47.3 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
On motion of Senator HAYES, with unanimous consent, Senators SHORT, FAIR and HAYES were granted leave to attend a conference committee meeting and were to be counted in any quorum calls.
Senator RYBERG resumed explaining the amendment.
Senator CAMPSEN raised a Point of Order that the line item was out of order inasmuch as it was violative of Rule 24A.
Senator McCONNELL spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator CAMPSEN came too late.
The ACTING PRESIDENT sustained the Point of Order raised by Senator McCONNELL.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG desired to be recorded as voting against the motion to table the amendment.
At 3:43 P.M., the PRESIDENT assumed the Chair.
Senator THOMAS proposed the following amendment (CL UCC FILINGS.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part IA, Section 58, SECRETARY OF STATE, page 301, by inserting after line 09
COLUMN 7 COLUMN 8
/Administrative Assistant 28,000 28,000
(1.00) (1.00)/
Amend the bill further, as and if amended, Part IA, Section 58, page 301, line 13, opposite /OTHER OPERATING EXPENSES/ by:
COLUMN 7 COLUMN 8
/ STRIKING: 717,137 142,336
and
INSERTING: 741,297 166,496/
Amend the bill further, as and if amended, Part IA, Section 58, page 301, line 20, opposite /EMPLOYER CONTRIBUTIONS/ by:
COLUMN 7 COLUMN 8
/ STRIKING: 306,875 198,520
and
INSERTING: 314,715 206,360/ Renumber sections to conform.
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Senator THOMAS explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 92A (DAD-PRES PREF PRIMARY2.DOC), which was adopted (#55):
Amend the bill, as and if amended, Part IA, Section 62, ELECTION COMMISSION, page 316, by inserting after line 27
COLUMN 7 COLUMN 8
/Presidential Preference Primary 2,375,560 2,121,560/
Amend the bill further, as and if amended, Part IB, page 508, after line 11, by adding an appropriately numbered paragraph to read:
/ 62. . (ELEC: Presidential Preference Primary) The non-recurring funds appropriated for the Presidential Preference Primary shall be distributed by the State Election Commission. These funds may be expended only for the purposes stated by the line item designation and may not be transferred. /
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Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 106 (DAD-SEN BAL AM.DOC), which was adopted (#56):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 570, paragraph 73.12, line 4, opposite /(1) Unobligated Surplus in Part IA/ by striking /78,296,073/ and inserting /80,417,633/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Cleary Cromer Drummond Elliott Fair Ford Gregory Hayes Hutto Jackson Knotts * Land Leatherman Leventis * Lourie Malloy Martin Matthews McGill Moore O'Dell Patterson Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Vaughn Williams
Bryant Campsen Courson Grooms Hawkins McConnell Ryberg Thomas Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator LEATHERMAN spoke on the Bill.
Senator LAND spoke on the Bill.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Ethics Commission, the Administrative Law Court, the Department of Labor, Licensing and Regulation, the Probation, Parole and Pardon Services and the Department of Motor Vehicles.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Probation, Parole and Pardon Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Probation, Parole and Pardon Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Insurance Reserve Fund.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Dept. of Probation, Parole and Pardon Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on any matters pertaining to the Workers' Compensation Commission each year since obtaining a law license.
I voted against H.3620 because at the end of the budget debate there were too many concerns that I had with the Bill. My first concern was that in a year that there was 1.3 billion dollars in new funding that we could not provide maximum tax relief for our citizens, but we could give nearly a million dollars to the Bean Market Museum. Secondly, I believe that paying for recurring projects with one-time money is a recipe for disaster. In this budget, approximately $267 million dollars were used in this manner. Next year our State will have to have growth at twice the rate of the nation to even break even. Although there are good things in the budget, the fact that we were unwilling to return maximum amounts to our citizens or put it in a rainy day account and the impact of this year's growth and manner of spending on the future economic well-being of our State forced me to vote against it.
I voted against H.3620 because it takes irresponsible spending for shameless pork projects to a new level. With nearly $1.3 billion in new money -- taxpayers' hard-earned dollars -- this budget creates a recurring $242 million gap by choosing to pay for recurring items with money that legislators know may not be available again in future years.
Among other concerns I have with the Bill: It makes a much too modest payment toward our state's $10 billion in unfunded health care liabilities for retirees; it grows government by another 12 percent on top of the last two years' 25 percent; it cuts the number of new state troopers; it comes up short in funding our prisons; and it provides no money for income tax relief.
To name just a few pork projects legislators proposed to fund in this Bill, the "National Bean Market Museum of South Carolina" would get $ 950,000; Anderson County Parks would get $800,000; and some $150,000 would be spend on the Piedmont Technical "Pottery Degree" program.
Further, H.3620 adds at least another $9 million to legislators' infamous "Competitive" Grants Program, which is in reality anything but competitive. This slush fund has given away more than 20 million in taxpayer dollars already. Among the literal pig-related pork projects it has funded: "The Pigs on the Ridge Festival" in Fairfield County; "The Piggie on the Rock Festival" in Union County; "Squealin' on the Square" in Laurens; and the "Chitlin Strut" in Salley.
To add further insult to the taxpayers of South Carolina, legislators defeated an amendment I presented that would have provided for $81 million in income tax relief.
While I believe that there are other, worthwhile programs in the budget that provide for the neediest people in our State, and while I certainly agree that these should be funded, I believe the voters of Senate District 37 would agree that this greedy legislative grab for pork is irresponsible in the extreme.
We voted against H. 3620, the FY 2007-2008 Appropriation Bill, due to its unprecedented level of spending. The budget this year spent over $1.2 billion in new money while returning less than $100 million to the taxpayers. After rejecting efforts to lower income taxes, eliminate many low-earning taxpayers entirely from the tax rolls, and completely eliminate the grocery tax, the Senate chose to spend over $1.2 billion on new annualizations and local pet projects. This amount of new spending is not only unsustainable but also unconscionable. This budget spends over $90 million on individual pet projects but fails to properly fund the OPEB trust fund, fails to appropriate any money for statewide road construction or repair, fails to reform the legislative slush fund known as the competitive grants program, and fails, most importantly, to give meaningful tax relief. This budget fails to prioritize and fund statewide needs and it fails to give any more than a pittance of the surplus money back to the people that earned it. Therefore, it fails the test of fiscal responsibility, and we reject it.
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Senator LEATHERMAN asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator McCONNELL proposed the following Amendment P-1 (3621R001.GFM), which was withdrawn:
Amend the committee amendment, as and if amended, on Page [3621-2], lines 14 - 16 by striking:
/ (13) State Museum
OPT-Observatory, Planetarium,
Theater 2,500,000 /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.
The Committee on Finance proposed the following amendment (9977SD07), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2006-2007 the following amounts:
(1) Department of Education
Governor's School for Science
& Mathematics
Phase II Construction 14,926,031
(2) Department of Education
Instructional Materials 15,000,000
(3) Department of Education
Technology Initiative 13,000,000
(4) Department of Education
Governor's School for the Arts
Residential Hall Reconfiguration 1,000,000
(5) S.C. School for the Deaf and the Blind
Safety/Accessibility/ADA 1,690,742
(6) S.C. School for the Deaf and the Blind
Multi Handicapped School Construction
Herbert Center Renovation 7,758,977
(7) Medical University of South Carolina
College of Dental Medicine Construction 2,000,000
(8) University of Charleston
Randolph Hall 3,700,000
(9) Citadel
Stevens Barracks 1,600,000
(10) Lander University
Renovation Needs 425,000
(11) State Board for Technical
Comprehensive Education
Tri County Tech Occupational Center 6,067,200
(12) Department of Agriculture
Farmers Market 10,000,000
(13) State Museum
OPT-Observatory, Planetarium,
Theater 2,500,000
(14) State Museum
Chapman Cultural Center 500,000
(15) Department of Health and Environmental
Control
Facilities Improvements 2,500,000
(16) Department of Mental Health
Bryan Renovation for Crisis Capacity 7,800,000
(17) Department of Mental Health
Community Mental Health Center
Deferred Maintenance 1,145,000
(18) Department of Mental Health
Inpatient Buildings
Deferred Maintenance 2,000,000
(19) Department of Disabilities and
Special Needs
Camp Spearhead 500,000
(20) State Agency of Vocational Rehabilitation
Lyman Center 1,500,000
(21) Department of Alcohol and Other
Drug Abuse Services
LRADAC - New Building 5,150,000
(22) Department of Probation, Parole and
Pardon Services
GPS Monitoring 62,604
(23) Department of Consumer Affairs
Media Center 200,000
(24) State Treasurer's Office
Tuition Prepayment Program
Elimination of Unfunded Liability 10,795,659
Total 111,821,213
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 2006-2007 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LEATHERMAN, with unanimous consent, H. 3621 was ordered to receive a third reading on Thursday, April 26, 2007.
At 4:13 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., April 25, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3505 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton, G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION. and has ordered the Resolution enrolled for Ratification. Very respectfully, Speaker of the House
Received as information.
Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Dan L. Furr, 759 Camden Circle, Pawleys Island, S.C. 29585 VICE William B. McCall
On motion of Senators HAWKINS and RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of retired Chief Justice Cameron Bruce Littlejohn, 93, of Spartanburg, S.C. Justice Littlejohn was the only Spartanburg legislator to serve as both Speaker of the House of Representatives and Chief Justice. He served in the House 1936-1943, when he resigned to join the Army during WWII and, upon his return in 1946, he was re-elected to the House. He was elected Speaker in 1947 and served in that capacity for two years. He served as a Circuit Judge until his election in 1967 as Chief Justice, a position which he held until his retirement in 1985.
At 4:17 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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