Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
With Memorial Day weekend before us, let us turn to the book of Numbers for our text:
"The Lord bless you and keep you; the Lord make his face to shine upon you, and be gracious to you; the Lord lift up his countenance upon you, and give you peace." (Numbers 6:24-26)
Please join me as we pray:
Holy God, the priestly blessing Aaron and his sons were to bestow upon God's people resonates through the centuries and reminds us all how great the gift of peace happens to be. We lift up to You today those who have labored for and who strive even now for peace, both here at home and around the globe. We pause as a Nation and as a State during this long Memorial Day weekend, cherishing the memories of all those leaders and warriors who made ultimate sacrifices on behalf of freedom. May our hearts never cease to fill with pride as we watch Old Glory waving in the wind, reminding us of the preciousness of peace itself, and of the very specialness of all who gave (and who give) of themselves as peacemakers. May we, too, ever seek to preserve the blessings of peace. In Your name we pray, O Lord.
Amen.
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:06 A.M., Senator GROOMS moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant 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 Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin
A quorum being present, the Senate resumed.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
(R53, S277 (Word version)) -- Senator Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKER 11 AND ITS CONFLUENCE WITH INTERSTATE HIGHWAY 26, AND ADJACENT TO INTERSTATE HIGHWAY 26 FROM ITS CONFLUENCE WITH INTERSTATE HIGHWAY 385 TO THE NEWBERRY COUNTY LINE.
With regret, I am hereby vetoing and returning without my approval S. 277, R-53.
This Bill would allow the South Carolina Department of Transportation to mow beyond the statutory 30-foot limit along 20 miles of interstate rights-of way in Laurens County. In the past, I have supported legislation that allows limited exemption to the underlying law, provided they were not overly broad.
South Carolina has been blessed with a unique and natural beauty that has always attracted people to our State. I believe this is part of the reason Senator Arthur Ravenel worked so hard to get the 30-foot rule enacted into law. It was the belief of the General Assembly at the time of passage that our state's natural beauty could be showcased if you allowed vegetation, and ultimately trees, to grow up in this 30-foot divide so that you had a parkway feel along our interstates. The Assembly's view was that rather than having four oncoming lanes of traffic similar to the interstate feel and appearance found in many other states, that highlighting our beauty would be part of the formula to draw thousands of visitors, businesses, and new residents each year. I concur with this view, and believe, whenever possible, we should seek to preserve the enormous value of our natural settings.
The intent of this legislation was to allow for clearance in two limited cases along interstates in Laurens County. In the course of amending the Bill, the legislation has now exempted more than one-third of Laurens County interstate mileage from the 30-foot rule. If the legislation had been narrowly drafted for those two locations, I would have had signed the legislation. However, given my record of opposing much broader exemptions, I am left with little choice but to veto this Bill.
I would encourage the sponsors to send me more narrowly-tailored legislation so that we can preserve more of the Upstate's natural beauty and still provide the intended affect for the two industrial settings the county would like to showcase.
For these reasons, I must regrettably veto S. 227, R-53, and return it without my approval.
Sincerely,
/s/ Mark Sanford
(R53, S277 (Word version)) -- Senator Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKER 11 AND ITS CONFLUENCE WITH INTERSTATE HIGHWAY 26, AND ADJACENT TO INTERSTATE HIGHWAY 26 FROM ITS CONFLUENCE WITH INTERSTATE HIGHWAY 385 TO THE NEWBERRY COUNTY LINE.
The veto of the Governor was taken up for immediate consideration.
Senator VERDIN explained the veto.
Senator VERDIN moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cleary Courson Drummond Fair Gregory Hawkins Hayes Hutto Land Leatherman Lourie Malloy Martin Matthews McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
McConnell
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 9, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.33, H. 3115 by a vote of 92 to 4:
(R33, H3115 (Word version)) -- Rep. Pinson: AN ACT 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 AUTHORIZED BY LAW FOR THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES.
Very respectfully,
Speaker of the House
Received as information.
(R33, H3115 (Word version)) -- Rep. Pinson: AN ACT 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 AUTHORIZED BY LAW FOR THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES.
The veto of the Governor was taken up for immediate consideration.
Senator O'DELL explained the veto.
Senator O'DELL moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cleary Courson Drummond Elliott Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Cromer Fair McConnell
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GROOMS introduced Dr. Fred Michael of Charleston, S.C., Doctor of the Day.
On motion of Senator VERDIN, at 11:05 A.M., Senator CAMPSEN was granted a leave of absence for today.
At 12:14 P.M., Senator CROMER requested a leave of absence beginning at 12:15 P.M. today and lasting until 9:00 A.M. tomorrow.
S. 323 (Word version) -- Senators Setzler and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT CERTAIN SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION AND WHO ARE EMPLOYED IN A SOUTH CAROLINA PUBLIC SCHOOL DISTRICT SHALL RECEIVE A YEARLY INCENTIVE FOR THE LIFE OF THE CERTIFICATION, AND TO PROVIDE THAT THESE INCENTIVES MUST BE PAID FROM FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 323.
S. 328 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POST-SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 328.
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 638.
S. 462 (Word version) -- Senators Leatherman, Alexander, Verdin and Short: 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.
On motion of Senator SHORT, with unanimous consent, the name of Senator SHORT was removed as a co-sponsor of S. 462.
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of the Resolution.
S. 8 (Word version) -- Senators Thomas, Courson, Sheheen, Hayes, Richardson, Ritchie, Knotts, Cleary and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING, AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY ADDING SECTION 16-11-725 SO AS TO MAKE IT UNLAWFUL TO USE ANOTHER PERSON'S HOUSEHOLD GARBAGE FOR THE PURPOSE OF COMMITTING FINANCIAL OR IDENTITY FRAUD; BY ADDING SECTION 16-13-512 SO AS TO REGULATE THE USE OF A CARDHOLDER'S SOCIAL SECURITY NUMBER ON A CREDIT OR DEBIT CARD RECEIPT; BY ADDING SECTION 39-1-90 SO AS TO PROVIDE FOR DISCLOSURE BY A PERSON CONDUCTING BUSINESS IN THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE PERSON OWNS OF LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ADD THE ELEMENTS OF WILFULNESS AND KNOWLEDGE AND TO INCLUDE THE OFFENSE OF IDENTITY FRAUD AS THE USE OF ANOTHER'S INFORMATION TO AVOID LEGAL CONSEQUENCES OR TO OBTAIN EMPLOYMENT AND TO FURTHER DEFINE "IDENTIFYING INFORMATION"; AND TO REPEAL SECTION 16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 8.
H. 3991 (Word version) -- Reps. McLeod, Haley, Toole, Spires, Huggins, Ott, E.H. Pitts, Bingham, Ballentine and Frye: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF LEXINGTON 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.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
S. 770 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO RENAME AND REVISE CERTAIN VOTING PRECINCTS OF SUMTER COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 788 (Word version) -- Senators Knotts, Setzler and Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MR. DAVID F. SHEALY OF LEXINGTON COUNTY FOR MORE THAN FORTY YEARS OF DEDICATED VOLUNTEER WORK IN LEXINGTON COUNTY EMERGENCY SERVICES.
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The Senate Resolution was adopted.
S. 789 (Word version) -- Senators Knotts and Setzler: A SENATE RESOLUTION TO CONGRATULATE MS. ANN LEE OF LEXINGTON COUNTY ON HER FIFTEEN YEARS OF OUTSTANDING WORK WITH THERE IS HOPE MINISTRIES AND ON RECEIVING THE PRESIDENT'S CALL TO SERVICE AWARD.
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The Senate Resolution was adopted.
S. 790 (Word version) -- Senators Courson, Setzler, Knotts and Lourie: A JOINT RESOLUTION TO APPROPRIATE $8,000,000 FROM THE STATE GENERAL FUND SURPLUS REVENUES TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY.
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Read the first time and referred to the Committee on Finance.
S. 791 (Word version) -- Senator Jackson: A SENATE RESOLUTION RECOGNIZING SMITH ALLISON BAKER FOR HIS TEN YEARS OF DEDICATED SERVICE TO THE CITY OF COLUMBIA AND THANKING HIM FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE QUALITY OF LIFE OF ITS RESIDENTS.
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The Senate Resolution was adopted.
S. 792 (Word version) -- Senator O'Dell: A SENATE RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA SENATE TO THE HONORABLE JOHN BARNETT ASHLEY, SR. FOR HIS TEN YEARS OF DEDICATED SERVICE AS ASSISTANT TOWN JUDGE AND LATER TOWN JUDGE OF HONEA PATH UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 793 (Word version) -- Senator Cleary: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
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Read the first time and, on motion of Senator CLEARY, with unanimous consent, S. 793 was ordered placed on the Calendar without reference.
H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3934 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, G. M. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
H. 4147 (Word version) -- Reps. W. D. Smith, 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, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JUSTICE E. C. BURNETT III UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SUPREME COURT, THANKING HIM FOR HIS DEDICATION TO THE PEOPLE OF SOUTH CAROLINA AND THE PURSUIT OF JUSTICE, AND WISHING HIM WELL IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4148 (Word version) -- Reps. Cato, W. D. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, 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, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ONE OF SOUTH CAROLINA'S MOST OUTSTANDING PROFESSIONAL GOLFERS, JAY HAAS OF GREENVILLE COUNTY, FOR HIS TREMENDOUSLY SUCCESSFUL PLAYING CAREER WHICH CONTINUES TODAY ON THE CHAMPIONS TOUR, FOR HIS MANY CONTRIBUTIONS TO THE GAME, ESPECIALLY IN HIS HOME STATE OF SOUTH CAROLINA ON BEHALF OF JUNIOR GOLF, AND FOR HIS UPCOMING INDUCTION INTO THE SOUTH CAROLINA GOLF HALL OF FAME IN DECEMBER OF THIS YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4154 (Word version) -- Reps. Edge, Viers, 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, 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, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK THE ABC TELEVISION SHOW "EXTREME MAKEOVER: HOME EDITION", THE TEACHERS WHO MADE THE NOMINATIONS FOR PARTICIPATION ON THE SHOW, AND THE THOUSANDS OF HORRY COUNTY COMMUNITY VOLUNTEERS WHO HELPED CONSTRUCT AND DONATE A FURNISHED NEW HOME FOR THE RENEE WILSON FAMILY OF THE LONGS COMMUNITY IN HORRY COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4156 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. ROXZANNE B. BRELAND FOR HER DEDICATED SERVICE AS 2006-2007 PRESIDENT OF THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 784 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT IF A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 HAS NOT TAKEN EFFECT BY JULY 1, 2007, THEN THE APPROPRIATIONS AND PROVISOS CONTAINED IN ACT 397 OF 2006 ARE AUTHORIZED FOR FISCAL YEAR 2007-2008, UNTIL A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 TAKES EFFECT.
Senator LEATHERMAN asked unanimous consent to give the Bill and second reading.
There was no objection.
The Bill was read the second time.
On motion of Senator LEATHERMAN, with unanimous consent, S. 784 was ordered to receive a third reading on Friday, May 25, 2007.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G.M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3706 (Word version) -- Reps. Duncan, Talley and Gullick: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.
Ordered for consideration tomorrow.
Senator ALEXANDER from the General Committee submitted a favorable report on:
H. 3699 (Word version) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO ESTABLISH A MORATORIUM ON THE PLACEMENT OF NEW MONUMENTS ON THE STATE HOUSE GROUNDS AND IN THE STATE HOUSE, EXCEPT FOR THE SENATE CHAMBER AND THE HOUSE OF REPRESENTATIVES CHAMBER; TO PROVIDE THAT TWO-THIRDS VOTE OF THE STATE HOUSE COMMITTEE IS REQUIRED TO LIFT THE MORATORIUM; TO PROVIDE THAT IF THE MORATORIUM IS LIFTED, A NEW MONUMENT MAY BE PLACED PURSUANT TO THIS ACT IF THE MONUMENT MEETS CERTAIN REQUIREMENTS OF HISTORICAL SIGNIFICANCE OR MARKS A MILESTONE IN STATE HISTORY; AND TO PROVIDE THAT IN ORDER TO PLACE A NEW MONUMENT, A MAJORITY OF THE STATE HOUSE COMMITTEE MUST AGREE TO REVIEW PROPOSALS, A PROPOSAL MUST BE APPROVED BY TWO-THIRDS OF THE STATE HOUSE COMMITTEE, AND THE GENERAL ASSEMBLY MUST ADOPT THE PROPOSAL BY CONCURRENT RESOLUTION.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on:
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.
Senator MATTHEWS asked unanimous consent to give the Bill a second reading.
There was no objection.
The Bill was read the second time.
On motion of Senator MATTHEWS, with unanimous consent, H. 3722 was ordered to receive a third reading on Friday, May 25, 2007.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: 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 12-6-3670 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 AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; 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.
Ordered for consideration tomorrow.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Columbia, S.C., May 22, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3833 (Word version) -- Reps. Moss, Littlejohn and Phillips: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
asks for a Committee of Conference, and has appointed Reps. Hagood, G.R. Smith and McLeod to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
Whereupon, Senators MARTIN, CAMPSEN and WILLIAMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 24, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
asks for a Committee of Conference, and has appointed Reps. Chellis, Cato and Haley to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 24, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
Very respectfully,
Speaker of the House
Received as information.
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 24, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Very respectfully,
Speaker of the House
Received as information.
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HAYES spoke on the report.
On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator HAYES spoke on the report.
On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 139 was adopted as follows:
The General Assembly, Columbia, S.C., May 24, 2004
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 05/02/07.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 12-37-224 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"Section 12-37-224. A motor home, a boat or watercraft, or trailer used for camping and recreational travel that is pulled by a motor vehicle on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes. By ordinance, the governing body of a county may extend the provisions of this section to a boat that meets the same qualifications required for motor homes pursuant to this section.The fair market value of a motor home, a boat or watercraft, or trailer used for camping and recreational travel that is pulled by a motor vehicle classified for property tax purposes as a primary or second residence pursuant to this section must be determined in the manner that motor vehicles are valued for property tax purposes."
SECTION 2. This act takes effect upon approval by the Governor and is applicable for travel trailer or boat or watercraft property tax years beginning after 2006. / /
Amend title to conform.
/s/ Sen. John E. Courson /s/ Rep. William F. Cotty /s/ Sen. John W. Matthews, Jr. /s/ Rep. Joseph H. Neal /s/ Sen. Robert W. Hayes, Jr. /s/ Rep. Harry B. Limehouse III On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
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.
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.
By prior motion of Senator PINCKNEY
H. 3795 (Word version) -- Reps. Govan, Hosey, Sellers, Howard and J.H. Neal: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COMMISSION TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COMMISSION.
By prior motion of Senator PATTERSON, with unanimous consent
H. 3890 (Word version) -- Reps. Harvin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S14-102 (EXIT 108) IN CLARENDON COUNTY.
By prior motion of Senator LAND, with unanimous consent
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3304 (Word version) -- Reps. J.M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
H. 3510 (Word version) -- Reps. Vick, M.A. Pitts, Lowe and Bedingfield: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
Senator GREGORY explained the Bill.
H. 3990 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3096, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator FAIR explained the Joint Resolution.
H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.
On motion of Senator CLEARY, H. 4029 was ordered to receive a third reading on Friday, May 25, 2007.
S. 782 (Word version) -- Senator Moore: A BILL TO AMEND ACT 472 OF 1976, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO CREATE ONE SINGLE-MEMBER AND TWO MULTI-MEMBER ELECTION DISTRICTS IN WHICH TRUSTEES SHALL RESIDE AND FROM WHICH MEMBERS MUST BE ELECTED.
H. 4081 (Word version) -- Rep. Cotty: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THEIR ATTENDANCE AT EACH MEETING AND TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.
On motion of Senator SHEHEEN, H. 4081 was ordered to receive a third reading on Friday, May 25, 2007.
S. 765 (Word version) -- Senators Leatherman and McConnell: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTY, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, IS THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA.
Senators LEATHERMAN and HUTTO explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, S. 765 was ordered to receive a third reading on Friday, May 25, 2007.
H. 3135 (Word version) -- Reps. J.E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (H-3135 AMENDMENT), which was adopted:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
Whereas, the identification and planning of systems to provide service delivery for persons with epilepsy is vital; and
Whereas, the treatment, the education, and the training of the public and professional service providers, and the treatment and rehabilitation of persons with epilepsy is an investment that benefits all of society; and
Whereas, the goal of a comprehensive epilepsy program is to improve the health and welfare of persons with epilepsy by assisting them in the attainment of optimum physical, psychological, and social potential in order to enhance their quality of life and to enable them to engage in a useful and productive life; and
Whereas, various studies have been conducted that provide data on the needs of persons with epilepsy, and specifically in South Carolina this data shows that 2.2% or 90,000 individuals have had epilepsy sometime in their lifetime and 1.1% or 44,000 have epilepsy requiring treatment; and
Whereas, the prevalence of epilepsy is expected to increase with the aging population and the return of head-injured veterans; and
Whereas, 64% of those adults with active epilepsy are disabled; and
Whereas, the rate of psychological impairment in people with active epilepsy is twice the rate of impairment in those people who do not have epilepsy; and
Whereas, it is imperative to coordinate care providers in order to provide the diverse and needed resources for persons with epilepsy to enable these persons to maintain or regain their highest quality of life and level of productivity possible. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created the Study Committee on Service Delivery for Persons with Epilepsy. This committee shall review the multifaceted needs of persons with epilepsy in this State and the available resources to meet these needs and shall develop a statewide comprehensive plan for the delivery of multifaceted services to persons with epilepsy.
(B) The committee is composed of:
(1) one member of the public at-large to be appointed by the Governor;
(2) one member of the Senate to be appointed by the President Pro Tempore of the Senate;
(3) one member of the House of Representatives to be appointed by the Speaker of the House;
(4) one representative from each of the following state agencies:
(a) the Department of Health and Environmental Control;
(b) the Department of Health and Human Services;
(c) the Department of Disabilities and Special Needs;
(d) Department of Vocational Rehabilitation;
(5) one representative from each of the following to be appointed by the Governor:
(a) the Epilepsy Foundation of South Carolina, upon the recommendation of the foundation's board;
(b) a community based neurological practitioner, upon the recommendation of the South Carolina Medical Association;
(c) a nurse practitioner, upon the recommendation of the South Carolina Nurses Association;
(d) one adult consumer, upon the recommendation of the Epilepsy Foundation of South Carolina; and
(e) one member who is the parent of a pediatric consumer, upon the recommendation of the Epilepsy Foundation of South Carolina.
(C) The at-large public member appointed by the Governor shall serve as chairman.
(D) Vacancies occurring on the committee must be filled in the same manner as the original appointment.
(E) The Department of Health and Human Services shall provide and coordinate staffing for the study committee.
(F) Members of the study committee will serve without mileage, per diem, and subsistence.
SECTION 2. (A) The committee shall develop a specific plan for a coordinated approach to service delivery for persons with epilepsy, using the resources of both the public and private sectors. The plan must include, but is not limited to:
(1) a definition of epilepsy;
(2) a statewide system that addresses the issues of prevention, identification, treatment, rehabilitation, and community integration of people with epilepsy and must include, but is not limited to:
(a) designation of a lead agency for each person with epilepsy, which shall assume primary responsibility for coordination of service delivery for that person;
(b) a case management system;
(c) medical care and long term care monitoring;
(d) education;
(e) employment;
(f) housing;
(g) mental health;
(h) independent living services;
(i) access to and availability of treatment resources;
(3) recommendations for the expansion of Medicare or Medicaid, or both, and other financial services to address the needs of the epilepsy population, including families;
(4) a data system in which epilepsy and seizure disorders can be identified from existing data sources to continually track and monitor the incidence and prevalence of epilepsy, including mortality and morbidity;
(5) recommendations for education programs to inform the public about epilepsy, its causes, prevention, employment, first responder treatment, and availability of treatment and services. The committee shall explore instituting more programs in the public schools, kindergarten through twelfth grade and institutions of higher learning, to promote awareness of epilepsy as a growing problem and shall explore incorporating epilepsy as part of the curriculum in medical schools;
(6) recommendations for policy and legislative changes that may be needed including, but not limited to, insurance, employment, prevention, motor vehicle driving, and public and personal safety practices.
(B) In carrying out its responsibilities under this joint resolution, the chairman may appoint subcommittees as he or she considers appropriate. The committee and subcommittees may utilize the knowledge and expertise of any individual in another state agency, group, or association.
(C) The committee shall submit its report to the General Assembly before July 1, 2008, at which time the Study Committee on Service Delivery for Persons with Epilepsy is abolished.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (BBM\10104HTC07), which was adopted:
Amend the bill, as and if amended, by striking Section 50-23-295 as contained in SECTION 2, page 2, and inserting:
/ Section 50-23-295. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years for property tax years beginning after 1999, are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the owner's county of residence must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor shall must require certification that property taxes that are due and payable for property tax years beginning after 1999, have been paid by the current owner as of the date of sale and are current as of the date of sale. In addition to any applicable criminal penalties, falsely signing such a certification subjects the person signing the certification to a fee of five hundred dollars and suspension of any title issued in the applicant's name by the department. The title can be reinstated upon proof to the department of payment of all taxes due and payment of the five-hundred-dollar fee to the department.
The county treasurer or other appropriate official annually, or more frequently as the county may deem considers appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed considered acceptable by the department.
The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold." /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE HUNDRED TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3249.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 40-42, and on page 2, by striking lines 1-13, and inserting:
/ EVERY FIVE YEARS; AND TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE-HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS. /
Amend the bill further, as and if amended, page 2, by striking line 41 and inserting:
/ however, a regulation must not be submitted filed with Legislative Council for submission to the General /
Amend the bill further, as and if amended, page 5, by striking lines 17-19 and inserting:
/ by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval. /
Amend the bill further, as and if amended, page 8, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J.H. Neal, M.A. Pitts, Sellers, F.N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (H-3362 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 63, Title 44 of the 1976 Code is amended by adding:
"Section 44-63-72. When a licensed funeral director or a licensed embalmer files a death certificate:
(1) the licensed funeral director must provide his license number and his signature in the appropriate location on the death certificate;
(2) the licensed embalmer must provide his license number and either his name or signature in the appropriate location on the death certificate."
SECTION 2. This act takes effect thirty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3623.001), which was adopted:
Amend the bill, as and if amended, page 8, after line 32, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 23-23-80 of the 1976 Code is amended to read:
"Section 23-23-80. The Director of the Criminal Justice Academy South Carolina Law Enforcement Training Council is authorized to:
(1) receive and disburse funds, including those hereinafter provided in this chapter;
(2) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;
(3) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(4) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;
(5) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(6) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the council;
(7) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(8) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (H-3721 AMENDMENT), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 11-15 and inserting:
/ (a) has successfully completed a Commission on Accreditation of Allied Health Education Programs (CAAHEP) accredited educational program for surgical technologists and holds and maintains the Surgical Technologist Certification administered by the National Board of Surgical Technology and Surgical Assisting, or its successor; however, upon completion of a CAAHEP accredited education program for surgical technologists, graduates may practice for up to three months before completing certification by the National Board of Surgical Technology and Surgical Assisting, or its successor; /
Amend further, page 2, by striking lines 25-27 and inserting:
/ (2) A person qualified to practice as a surgical technologist pursuant to subsection (B)(1) remains qualified to practice regardless of a break in practice provided the continuing education required in subsection (D) is current. /
Amend further, page 3, by striking line 32 and inserting:
/ SECTION 2. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-261. Health care facilities licensed pursuant to Regulation 61-16, Minimum Standards for Licensing Hospitals and Institutional General Infirmaries, and designated as 'privately-owned education infirmaries' may be established within the jurisdiction of a larger non-medical institution which maintains and operates organized facilities and services to accommodate two or more non-related students, faculty and staff with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, and care are performed under the direction of persons currently licensed to practice medicine and surgery in South Carolina. However, privately-owned educational infirmaries may also care for patients who are not students, faculty, or staff when the privately-owned educational infirmary has agreed to provide such care to this class or patients prior to January 1, 2007."
SECTION 3. This act takes effect January 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (H-3933 AMENDMENT), which was adopted:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
TO CREATE A MULTI-AGENCY ADVISORY COMMITTEE TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE ENVIRONMENTAL JUSTICE IN ECONOMIC DEVELOPMENT AND REVITALIZATION PROJECTS IN THIS STATE.
Whereas, this State is committed to affording the citizens of this State fair treatment and meaningful involvement in the development, implementation, and enforcement of an environmental law, regulation, or policy regardless of the citizen's race, color, ethnicity, religion, income, or education level; and
Whereas, this State is further committed to promoting the protection of human health and the environment, promoting economic development, revitalization and prosperity for communities, promoting empowerment through public involvement in the development, implementation, and enforcement of environmental law, regulation, and policy, and the dissemination of information related to the environment to inform and educate the citizens of this State; and
Whereas, environmental justice issues may exist in this State and cause concern and problems for some communities that bear a disproportionate burden of the impact of air and water contamination, noise, population crowding, reduced quality of life, and depressed land and housing values, many of which could be mitigated by better siting decisions and processes; and
Whereas, the cumulative impact of multiple sources of exposure to environmental hazards in these communities, and the roles of multiple agencies in addressing a cause or factor that compromises environmental health and quality of life in these communities require an interagency evaluation; and
Whereas, the federal government has underscored the importance of Environmental Justice in Executive Order 12898 by creating the National Environmental Justice Advisor Council to integrate environmental justice into federal policies, programs, initiatives, and activities; and
Whereas, collaborative problem-solving models are effective in addressing environmental justice issues and in assuring that existing resources are efficiently combined to support economic development and revitalization efforts. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created a governmental advisory committee to the Department or Health and Environmental Control named the South Carolina Environmental Justice Advisory Committee. The advisory committee must include the Commissioner, Executive Director, or executive head of each department or such head's designee from the Office of the Attorney General, the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Health and Human Services, the Department of Labor, Licensing and Regulation, the Department of Natural Resources, the Department of Parks, Recreation and Tourism, the Department of Public Safety, the Department of Transportation, the University of South Carolina Arnold School of Public Health, Clemson University's Public Service Authority, South Carolina State University's Public Service Authority and the State Ports Authority. The Commissioner or the Commissioner's designee of the Department of Health and Environmental Control shall serve as the chairperson of the advisory committee but shall not have a vote.
(B) As used in this title, 'environmental justice' means the fair treatment and meaningful involvement of a person regardless of his race, color, ethnicity, gender, religion, income, or education level with respect to the development, implementation, and enforcement of a law, regulation, or policy that impacts the person's environmental health.
(C) The Department of Health and Environmental Control is the lead agency of the advisory committee and may adopt policies needed to carry out any provision of this section.
(D) The advisory committee:
(1) shall study the existing practices at State agencies related to the consideration or environmental justice issues related to economic development and revitalization projects in this State;
(2) shall study the availability and promotion of public awareness of public health and environmental information in a language other than English and make such recommendations as it deems necessary to ensure that information disseminated to the public by the Department of Health and Environmental Control is available in another language as considered necessary by the advisory committee;
(3) shall encourage collaborative problem-solving and efficient utilization of all existing resources;
(4) may consult with any requesting agency of this State to provide input for an environmental justice issue in connection with an economic development or revitalization project in this State during the term of the advisory committee;
(5) may consult with the National Brownfields Association, South Carolina Chapter, to utilize its expertise in revitalization projects; and
(6) shall issue a report on the existing practices of state agencies related to environmental justice considerations in economic development and revitalization projects in this State and make any recommendations related to state agency guidelines related to environmental justice considerations in economic development and revitalization projects in this State to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2010.
(E) The South Carolina Environmental Justice Advisory Committee shall exist until January 1, 2010, and may be continued for additional periods as the General Assembly provides by law.
SECTION 2. This joint resolution is not intended to, nor does it, create any right, benefit, or trust responsibility, public or private, substantive or procedural, enforceable at law or equity by any person against the State of South Carolina, its agencies, its officers, or any other person. This joint resolution shall not be construed to create any right to judicial review involving the compliance or noncompliance of the State of South Carolina, its agencies, it officers, or any other person with the provisions of this joint resolution.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (3379R001.JEC), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking line 41 and inserting:
/ school. If the Commission on Higher Education determines that a state-approved standardized grading scale substantially deviates from the South Carolina Uniform Grading Scale, the state-approved standardized grading scale shall not be used to meet the eligibility requirements for the Palmetto Fellows Scholarship." /
Amend the bill further, as and if amended, SECTION 2, page 3, by striking line 39 and inserting:
/ respective out-of-state high school. If the Commission on Higher Education determines that a state-approved standardized grading scale substantially deviates from the South Carolina Uniform Grading Scale, the state-approved standardized grading scale shall not be used to meet the eligibility requirements for the LIFE Scholarship."/
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (3034R002.JHR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 52, Title 48 of the 1976 Code is amended by adding:
Energy Independence and Sustainable Construction
Section 48-52-800. This article may be cited as the 'Energy Independence and Sustainable Construction Act of 2007'.
Section 48-52-810. As used in this article:
(1) 'Board' means the State Budget and Control Board.
(2) 'Building project' means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site.
(3) 'Commercial interior fit-out' means interior design and installation by owners or tenants of new or existing office space, typically exclusive of structural components and core and shell elements.
(4) 'GBI' means the Green Building Initiative.
(5) 'Globes' means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System.
(6) 'Green Globes Rating System' means the environmental building rating systems established by the Green Building Initiative.
(7) 'High-performance building' means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment.
(8) 'LEED' means the U.S. Green Building Council's Leadership in Energy and Environmental Design Rating Systems.
(9) 'LEED Silver standard' means the Silver standard as set forth by USGBC's LEED Green Building Rating Systems.
(10) 'Major facility project' means:
(a) a state-funded new construction building project in which the building to be constructed is larger than 10,000 gross square feet;
(b) a state-funded renovation project where the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or
(c) a state-funded commercial interior tenant fit-out project that is larger than 7,500 square feet of leasable area.
'Major facility project' does not mean:
(i) a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers;
(ii) a public kindergarten, elementary school, middle school, secondary school, junior high school, or high school, all as defined in Section 59-1-150;
(iii) a correctional facility constructed for the Department of Corrections, Department of Mental Health, or Department of Juvenile Justice;
(iv) a building project funded by the State Ports Authority, the Coordinating Council for Economic Development, or the State Infrastructure Bank; or
(v) a building project funded by the Department of Health and Environmental Control where the primary purpose of the building project is for the storage of archived documents.
(11) 'Renovation project' means a building project involving the modification or adaptive reuse of an existing facility.
(12) 'Third-party commissioning agent' means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project.
(13) 'USGBC' means the United States Green Building Council.
Section 48-52-820. The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation, and maintenance of buildings in this State thereby improving the state's capacity to design, build, and operate high-performance buildings thus creating new jobs and contributing to economic growth and increasing the state's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:
(1) optimize the energy performance of buildings throughout this State;
(2) increase the demand for environmentally preferable building materials, finishes, and furnishings;
(3) improve environmental quality in this State by decreasing the discharge of pollutants from state buildings and their manufacture;
(4) create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality;
(5) improve working conditions and reduce building-related health problems;
(6) reduce the state's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;
(7) protect and restore this State's natural resources by avoiding development of inappropriate building sites;
(8) reduce the burden on municipal water supply and treatment by reducing potable water consumption;
(9) reduce waste generation and manage waste through recycling and diversion from landfill disposal;
(10) establish life cycle cost analysis as the appropriate and most efficient analysis to determine a building project's optimal performance level;
(11) ensure each building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and
(12) authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.
Section 48-52-830. (A)(1) All major facility projects in this State, as defined in Section 48-52-810(12)(a), must be designed, constructed, and at least certified as receiving two globes using the Green Globes Rating System or receiving the LEED Silver standard. All major facility projects in this State, as defined in Section 48-52-810(12)(b) or (c), must be analyzed using a life cycle cost analysis comparing the cost and benefits of designing, constructing, maintaining, and operating the facility at the LEED Silver standard or two globes standard, or better, with certification; normal industry and regulatory standards as applicable; or some standard between the two that causes the project to be designed and constructed in a manner that achieves the lowest thirty-year life cycle cost.
(2) In obtaining certification as receiving two globes using the Green Globes Rating System, a major facility project must earn at least twenty percent of the available points for energy performance under 'C.1.1 Energy Consumption'. In obtaining certification as meeting the LEED Silver standard, a major facility project must earn at least forty percent of the available points for energy performance under 'EA Credit 1: Optimize Energy Performance'. The State Engineer's Office may waive the requirements of this item for a proposed major facility project should it determine that the costs of meeting this item are not economically feasible. The State Engineer's Office shall notify the board of the reason for the issuance of a waiver.
(B) The board may petition the General Assembly to require all major facility projects be certified to a high-performance building rating system standard in addition to or instead of the systems provided in this chapter. However, any alternate rating system adopted by the General Assembly must be no less stringent than the systems provided in this chapter.
(C) The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in Section 48-52-820.
Section 48-52-840. (A) In order to become certified using a LEED rating system, a major facility project shall register with USGBC prior to filing the first building construction permit application. USGBC shall have the sole discretion in determining whether a major facility project receives certification.
(B) All major facility projects that were certified at the LEED Silver standard or higher must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.
(C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the board to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
Section 48-52-850. (A) In order to become certified using a Green Globes Rating System, a major facility project shall register with GBI prior to filing the first building construction permit application. GBI shall have the sole discretion in determining whether a major facility project receives certification.
(B) All major facility projects that were first certified as receiving two globes using the Green Globes Rating System must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.
(C) The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the board to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.
Section 48-52-860. The board shall annually submit a report regarding major facility projects to the General Assembly that includes:
(1) the number and types of buildings designed and constructed;
(2) the level of certification of each building designed, constructed, or renovated;
(3) actual savings in energy costs;
(4) a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation;
(5) the ability of buildings to continue to operate at the standard to which it was originally certified;
(6) the reason for any waiver granted by the State Engineer's Office; and
(7) any conflicts or barriers that hinder the effectiveness of this article."
SECTION 2. This act takes effect upon approval by the Governor and will apply to all major facility projects that receive approval of the State Budget and Control Board - Permanent Improvement Project Request A-1 form on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
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 RITCHIE, with unanimous consent, H. 3034 was ordered to receive a third reading on Friday, May 25, 2007.
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews and Ritchie: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT CURRICULA, MATERIALS, AND GUIDELINES FOR THE COURSES; TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES, AND TO PROVIDE THAT STUDENTS AND TEACHERS MAY USE VERSIONS OF THE OLD AND NEW TESTAMENT THAT DIFFER FROM THE VERSIONS RECOMMENDED BY THE LOCAL BOARD OF TRUSTEES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
Senator GROOMS proposed the following amendment (726R001.LKG), which was adopted:
Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting:
/ Amend the bill, as and if amended, on page 2, by striking lines 21 - 43 and on page 3, by striking lines 1 - 3, and inserting:
(C) The State Board of Education shall develop and adopt academic standards and appropriate instructional materials that must be used by high schools offering a course pursuant to this section. These academic standards and instructional materials must ensure that the courses do not disparage or encourage a commitment to a set of religious beliefs.
(D) The academic standards and appropriate instructional materials developed and adopted by the board must:
(1) be designed to help students gain a greater appreciation of the Old Testament and the New Testament as great works of literature, art, and music; assist students in gaining greater insight into the many historical events recorded in the Old Testament and the New Testament; and provide students with a greater awareness of the many social customs that the Old Testament and the New Testament have significantly influenced; and
(2) provide that the Old Testament is the primary text for the course exploring the history and literature of the Old Testament era and that the New Testament is the primary text for the course exploring the history and literature of the New Testament era.
(E) The academic standards developed and adopted may provide that students may be assigned period appropriate secular historical and literary works to supplement the primary text." /
Amend the bill, further, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following amendment (726R002.LKG), which was adopted:
Amend the committee amendment, as and if amended, by striking the committee amendment in its entirety and inserting:
/ Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 29, Title 59 of the 1976 Code is amended by adding:
"Section 59-29-230. (A)(1) A school district board of trustees may authorize, to be taught in the district's high schools, an elective course concerning the history and literature of the Old Testament era and an elective course concerning the history and literature of the New Testament era.
(2) Each course offered must be taught in an objective manner with no attempt to influence the students as to either the truth or falsity of the materials presented.
(3) Students must be awarded the same number of Carnegie units that are awarded to other classes of similar duration.
(4) A particular version of the Old or New Testament to be used in either course may be recommended by the board of trustees; provided, that the teacher of the course and students enrolled in the course may use any version of the Old and New Testament.
(B) The board of trustees of a district that offers a course pursuant to this section must:
(a) maintain supervision and control of the course;
(b) hire any new teachers that it determines are required to teach the course in the same manner all other teachers are hired;
(c) assure that all teachers teaching the course are certified by the State; and
(d) make no inquiry into the religious beliefs, or the lack of religious beliefs, held by a teacher when determining which teacher shall teach the class.
(C) The State Board of Education shall develop and adopt academic standards and appropriate instructional materials that must be used by high schools offering a course pursuant to this section. These academic standards and instructional materials must ensure that the courses do not disparage or encourage a commitment to a set of religious beliefs.
(D) The academic standards and appropriate instructional materials developed and adopted by the board must:
(1) be designed to help students gain a greater appreciation of the Old Testament and the New Testament as great works of literature, art, and music; assist students in gaining greater insight into the many historical events recorded in the Old Testament and the New Testament; and provide students with a greater awareness of the many social customs that the Old Testament and the New Testament have significantly influenced; and
(2) provide that the Old Testament is the primary text for the course exploring the history and literature of the Old Testament era and that the New Testament is the primary text for the course exploring the history and literature of the New Testament era.
(E) The academic standards developed and adopted may provide that students may be assigned period appropriate secular historical and literary works to supplement the primary text."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The Committee on Education proposed the following amendment (NBD\11684AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 59-29-230 and inserting:
/Section 59-29-230. (A)(1) A school district board of trustees may authorize, to be taught in the district's high schools, an elective course concerning the history and literature of the Old Testament era and an elective course concerning the history and literature of the New Testament era.
(2) Each course offered must be taught in an objective manner with no attempt to influence the students as to either the truth or falsity of the materials presented.
(3) Students must be awarded the same number of Carnegie units that are awarded to other classes of similar duration.
(B) The board of trustees of a district that offers a course pursuant to this section must:
(a) maintain supervision and control of the course;
(b) hire any new teachers that it determines are required to teach the course in the same manner all other teachers are hired;
(c) assure that all teachers teaching the course are certified by the State; and
(d) make no inquiry into the religious beliefs, or the lack of religious beliefs, held by a teacher when determining which teacher shall teach the class.
(C) The State Board of Education shall develop and adopt academic standards and appropriate instructional materials that must be used by high schools offering a course pursuant to this section. These academic standards and materials must ensure that the courses do not disparage or encourage a commitment to a set of religious beliefs.
(D) The academic standards and appropriate instructional materials developed and adopted by the board must:
(1) be designed to help students gain a greater appreciation of the Old Testament and the New Testament as great works of literature, art, and music; assist students in gaining greater insight into the many historical events recorded in the Old Testament and the New Testament; and provide students with a greater awareness of the many social customs that the Old Testament and the New Testament have significantly influenced; and
(2) provide that the Old Testament is the primary text for the course exploring the history and literature of the Old Testament era and that the New Testament is the primary text for the course exploring the history and literature of the New Testament era.
(E) The academic standards developed and adopted may provide that students may be assigned period appropriate secular historical and literary works to supplement the primary text.
(F) The State Board of Education shall promulgate the adopted academic standards as regulations under the provisions of Article 3, Chapter 23, Title 1, the Administrative Procedures Act. The course authorized by this section may not be taught until these regulations are approved by the General Assembly pursuant to the Administrative Procedures Act./
Amend the bill, further, by deleting Section 3 and inserting:
/SECTION 3. This act takes effect upon approval by the Governor. /
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 KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 726.
S. 422 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY IF THE OWNER HAS MADE THE PROPER CERTIFICATE TO THE COUNTY ASSESSOR AND THE RESIDENCE IS THE OWNER'S ADDRESS ON THE OWNER'S SOUTH CAROLINA DRIVER'S LICENSE OR VOTER REGISTRATION CARD, IS THE ADDRESS ON THE OWNER'S PERSONAL PROPERTY TAX NOTICES, AND THE RESIDENCE IS NOT RENTED FOR MORE THAN NINETY DAYS A YEAR, AND TO DELETE OTHER REFERENCES TO RENTAL OF THESE RESIDENCES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (422R002.HKL), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking line 3 and inserting:
/ (C) not rented for more than ninety days in a calendar year.
The assessor may require a copy of Schedule E from the applicant's federal return for the applicable tax year." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-54-240(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
/ ( ) verification that the federal Schedule E filed with the department is the same as the Schedule E required by the assessor pursuant to Section 12-43-220(C). /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO spoke on the Bill.
Senator MARTIN objected to further consideration of the Bill.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 422.
S. 735 (Word version) -- Senators Leventis, Elliott, Thomas, Drummond, Pinckney, Hayes, Land, Jackson and Lourie: A SENATE RESOLUTION TO URGE THE GOVERNMENT OF TURKEY TO GRANT THE ECUMENICAL PATRIARCH APPROPRIATE INTERNATIONAL RECOGNITION, ECCLESIASTICAL SUCCESSION, AND THE RIGHT TO TRAIN CLERGY OF ALL NATIONALITIES AND TO RESPECT THE PROPERTY RIGHTS AND HUMAN RIGHTS OF THE ECUMENICAL PATRIARCHATE, AND FOR OTHER PURPOSES.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3170 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe, Lucas, Mahaffey, Owens, Perry, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, Simrill, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Spires, Taylor, Thompson, Umphlett, Viers, Whitmire, Young, Bales, Kirsh, Huggins, Bowen, Jefferson, Alexander, R. Brown, Breeland, Bannister, White, Edge, Harvin, Kennedy, Crawford, Jennings, Miller, Gullick, Anthony, Phillips, Coleman, Mitchell, F.N. Smith, J.E. Smith, Clyburn, Sellers, Cobb-Hunter, Agnew, Bowers, Knight, Mulvaney, Neilson, Williams, Branham, Toole, Battle, Duncan, Hodges and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO FELLOWS SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR; AND BY ADDING SECTION 59-149-15 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A LIFE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL LIFE SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
S. 295 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-80 SO AS TO PROVIDE THAT AN EMPLOYEE OF THE STATE MAY ATTEND CLASSES FOR CREDIT OR NONCREDIT PURPOSES ON A SPACE-AVAILABLE BASIS WITHOUT THE REQUIRED PAYMENT OF TUITION; AND TO REPEAL SECTION 59-111-15 RELATING TO TUITION ASSISTANCE FOR PERMANENT FACULTY AND STAFF.
On motion of Senator PINCKNEY, the Bill was carried over.
H. 3749 (Word version) -- Reps. W.D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator REESE proposed the following Amendment No. P-1 (3749R010.GGR), which was adopted:
Amend the committee amendment, as and if amended, page [3749-4], by striking line 33 and inserting:
/ certification process.
(C) If an applicant obtains conditional certification and complies with both the conditional certification and Section 12-21-6520(14), then one-half shall be substituted for one-fourth in Section 12-21-6530(A), and no funds will be transferred to the council pursuant to Section 12-21-6540." /
Amend the committee amendment further, as and if amended, by adding an appropriately numbered SECTION to read:
/ Section ___. Section 12-21-6540(A) of the 1976 Code is amended to read:
"(A) During the benefit period, in addition to the amount described in Section 12-21-6530, except as otherwise provided in Section 12-21-6590, an additional amount equal to one-fourth of the license tax paid on admissions to an establishment must be transferred by the department to the State Treasurer to be deposited into the fund and distributed pursuant to the approval of the council." /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
Senators LEATHERMAN and SETZLER proposed the following Amendment No. P-2 (3749R013.HKL), which was adopted:
Amend the committee amendment, as and if amended, page [3749-1], by striking lines 27 through line 41 on page [3749-2] and inserting:
/ SECTION ___. A. Section 11-45-30(10) and (15) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(10) 'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability under pursuant to Chapter 7 of Title 38, a captive insurance company regulated under pursuant to Chapter 90 of Title 38, a utility regulated under pursuant to Title 58, or any other person approved by the authority pursuant to guidelines and regulations established by the authority pursuant to Section 11-45-100 a financial institution with proven experience in state-based venture capital transactions, pursuant to guidelines established by the authority. Both the guidelines and the lender must be approved by the Budget and Control Board.
(15) 'Designated investor group' means any a person who enters into a designated investor contract with the authority pursuant to Section 11-45-50.
(16) 'Interest' means interest on the outstanding balance owed or owing to a lender by a designated investor group under such calculations, terms, or conditions as determined by the authority, provided that the method of calculating interest may be included in the tax credit certificates to the extent that the authority considers the information necessary or appropriate."
B. Section 11-45-50(B)(1) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(1) Each designated investor group selected pursuant to subsection (A)(3) of this section shall enter into a designated investor contract with the authority, which designated investor contract shall must contain those any investment guidelines and those other terms and conditions as the authority may deem considers necessary, advisable, or appropriate."
C. Section 11-45-55(B) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines and regulations established by the authority pursuant to Section 11-45-100. These guidelines and regulations shall relate to and govern, among other things, The tax credit certificates must describe procedures for the issuance, transfer, and redemption of the certificates, and related tax credits. These certificates shall state also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded. The form of the tax credit certificate must be approved by the Budget and Control Board."
D. Section 11-45-70(2)(a) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(a) While each designated investor group shall give preference to investors, otherwise qualified, that agree to maintain either a headquarters or an office staffed by an investment professional in South Carolina, investments may be made with investors not principally located in South Carolina; provided, that if the investors are otherwise qualified under pursuant to this chapter and, together with related companies, have other venture capital investments in South Carolina or in South Carolina based companies or can provide evidence to the authority of prior investments in South Carolina or South Carolina based companies at least equal to the total amount of monies placed with that investor by the designated investor group."
E. Chapter 45, Title 11 of the 1976 Code is amended by adding:
"Section 11-45-105. Any guideline issued by the authority pursuant to this chapter must be approved by the Budget and Control Board."/
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
The Committee on Finance proposed the following amendment (3749R006.HKL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 11-45-30(10) and (15) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(10) 'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability under pursuant to Chapter 7 of Title 38, a captive insurance company regulated under pursuant to Chapter 90 of Title 38, a utility regulated under pursuant to Title 58, or any other person approved by the authority pursuant to guidelines and regulations established by the authority pursuant to Section 11-45-100 a financial institution with proven experience in state-based venture capital transactions.
(15) 'Designated investor group' means any a person who enters into a designated investor contract with the authority pursuant to Section 11-45-50.
(16) 'Interest' means interest on the outstanding balance owed or owing to a lender by a designated investor group under such calculations, terms, or conditions as determined by the authority, provided that the method of calculating interest may be included in the tax credit certificates to the extent that the authority considers the information necessary or appropriate."
B. Section 11-45-50(B)(1) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(1) Each designated investor group selected pursuant to subsection (A)(3) of this section shall enter into a designated investor contract with the authority, which designated investor contract shall must contain those any investment guidelines and those other terms and conditions as the authority may deem considers necessary, advisable, or appropriate.
C. Section 11-45-55(B) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines and regulations established by the authority pursuant to Section 11-45-100. These guidelines and regulations shall relate to and govern, among other things, The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates shall state also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded."
D. Section 11-45-70(2)(a) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(a) While each designated investor group shall give preference to investors, otherwise qualified, that agree to maintain either a headquarters or an office staffed by an investment professional in South Carolina, investments may be made with investors not principally located in South Carolina; provided, that if the investors are otherwise qualified under pursuant to this chapter and, together with related companies, have other venture capital investments in South Carolina or in South Carolina based companies or can provide evidence to the authority of prior investments in South Carolina or South Carolina based companies at least equal to the total amount of monies placed with that investor by the designated investor group." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-61-6520(14) of the 1976 Code is amended to read:
"(14) 'Tourism or recreational facility' also means an aquarium or natural history exhibit or museum located within or directly contiguous to an extraordinary retail establishment as defined below. An extraordinary retail establishment is a single store located in South Carolina within two miles of an interstate highway or in a county with at least three and one-half million visitors a year, and it must be a destination retail establishment which attracts at least two million visitors a year with at least thirty-five percent of those visitors traveling at least fifty miles to the establishment. The extraordinary retail establishment must have a capital investment of at least twenty-five million dollars including land, buildings and site prep preparation costs, and one or more hotels must be built to service the establishments with establishment within three years of occupancy. Only establishments which receive a certificate of occupancy after July 1, 2006, qualify. The Department of Parks, Recreation and Tourism shall determine and annually certify whether a retail establishment meets these criteria and its judgment is conclusive. The extraordinary retail establishment annually must collect and remit at least two million dollars in sales taxes but is not required to collect or remit admission taxes."
B. Section 12-21-6590 of the 1976 Code is amended to read:
"Section 12-21-6590. (A) The Department of Parks, Recreation and Tourism may designate no more than four extraordinary retail establishments as defined in Section 12-21-6520(14), and for purposes of this section, sales taxes must be substituted for admissions taxes wherever admission tax appears in this Tourism Infrastructure Admissions Tax Act. For purposes of this section, additional infrastructure improvements include any aquarium or natural history exhibits or museum located within or directly contiguous to the extraordinary retail establishment which are dedicated to public use and enjoyment under such terms and conditions as may be required by the municipality or county in which they are located. Additional infrastructure improvements shall also include site prep, construction of real or personal property, parking, roadways, ingress and egress, utilities and other expenditures on the extraordinary retail establishment which directly support or service the aquarium or natural history museum or exhibits. The certification application made under this section must be executed by both the extraordinary retail establishment as well as the county or municipality.
(B) Prior to the completion of an extraordinary retail establishment, an entity may request that the county or municipality in which the facility is located provide an application for conditional certification to the Department of Parks, Recreation and Tourism. The Department of Parks, Recreation and Tourism may grant conditional certification to the entity as an extraordinary retail establishment based on reasonable projections that the facility will meet the requirements of Section 12-21-6520(14) within three years of the certificate of occupancy. If the Department of Parks, Recreation and Tourism grants the conditional certification to the entity as an extraordinary retail establishment, it shall forward the approval for conditional certification to the department. The department shall notify the entity and either the county or the municipality, as applicable, of the approval.
An applicant obtaining conditional certification as an extraordinary retail establishment under this section and satisfying the requirements of conditional certification by the dates provided therein, shall be deemed to satisfy all of the requirements of this article pertaining to qualification as an extraordinary retail establishment for the duration of the benefit period. The entity shall be deemed to constitute a major tourism or recreation facility under Section 12-21-6520(12) and shall be entitled to all of the benefits of this article for the duration of the benefit period without any further certification requirements. This subsection shall not be construed to allow an applicant to receive the benefits provided in this article prior to satisfying the requirements of the conditional certification and of Section 12-21-6520(14).
The Department of Parks, Recreation and Tourism shall develop application forms and adopt guidelines governing the conditional certification process." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 1 (3749R009.TCA), which was adopted:
Amend the bill, as and if amended, by adding and appropriately numbered new SECTIONS to read:
/ Section ___. Section 12-6-3415(A) of the 1976 Code is amended to read:
"Section 12-6-3415. (A) A taxpayer that claims a federal income tax credit pursuant to Section 41 of the Internal Revenue Code for increasing research activities for the taxable year is allowed a credit against any tax due pursuant to Section 12-6-530 this chapter or Section 12-20-50 equal to five percent of the taxpayer's qualified research expenses made in South Carolina. For the purposes of this credit, qualified research expenses has the same meaning as provided for in Section 41 of the Internal Revenue Code."
SECTION ___. Section 12-20-105 of the 1976 Code is amended to read:
"Section 12-20-105. (A) Any company subject to a license tax under Section 12-20-100 may claim a credit against its license tax liability for amounts paid in cash to provide infrastructure for an eligible project.
(B)(1) To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under either Chapter 12 of Title 4, Chapter 29 of Title 4, or Chapter 44 of Title 12.
(2) If a project consists of an office, business, commercial, or industrial park which is owned or constructed by a county or political subdivision of this State when the qualifying improvements are paid for, the project does not have to meet the qualifications of item (1) to be considered an eligible project.
(C) For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is owned or constructed by a county or political subdivision of this State. Nothing in this section shall prohibit the county or political subdivision from selling the industrial shell building or industrial park after the company has paid in cash to provide the infrastructure for an eligible project.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(F) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit originally earned during a taxable year exceeds the liability and is otherwise allowable under subsection (D), the amount of the excess may be carried forward to the next taxable year.
(G) For South Carolina income tax and license purposes, a company that claims the credit allowed by this section is ineligible to claim the credit allowed by Section 12-6-3420."
Amend the bill further, as and if amended, on page 2, by striking SECTION 2 in its entirety and inserting.
/ SECTION ____. This act takes effect upon the approval by the Governor, and is applicable for tax years beginning after 2007, except for SECTION ___, relating to Section 12-6-3415(A), which is applicable for tax years beginning after 2006, and SECTION ___, relating to Section 12-20-105, which is applicable for tax years beginning after 2003. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 2 (3749R007.WHO), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 4-1-175 of the 1976 Code, is amended to read:
"Section 4-1-175. A county or municipality receiving revenues from a payment in lieu of taxes pursuant to Section 13 of Article VIII of the Constitution of this State may issue special source revenue bonds secured by and payable from all or a part of that portion of the revenues which the county is entitled to retain pursuant to the agreement required by Section 4-1-170 in the manner and for the purposes set forth in Section 4-29-68. The county or municipality may pledge the revenues for the additional securing of other indebtedness in the manner and for the purposes set forth in Section 4-29-68.
A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 13 of Article VIII of the Constitution of this State may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing the special source revenue bonds or meeting the requirements of Section 4-29-68(A)(4) by providing a credit against or payment derived from the revenues received and retained under Section 13 of Article VIII of the Constitution of this State.
A political subdivision of this State subject to the limitation of either Section 14(7)(a) or Section 15(6) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by those sections of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision."
B. Section 4-12-30(C), (D), (H), and (K) of the 1976 Code, as last amended by Act 384 of 2006, is further amended to read:
"(C)(1) From the end of the property tax year in which the sponsor and the county execute an inducement agreement, the sponsor has five years in which to enter into an initial lease agreement with the county.
(2) From the end of the property tax year in which the sponsor and the county execute the initial lease agreement, the sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the sponsor does not anticipate completing the project within five years, the sponsor may apply to the county before the end of the five-year period for making the minimum investment for an extension of time to complete the project. If the county agrees to grant the extension, the county must do so in writing, and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed five years. If a project receives an extension of less than five years, the sponsor may apply to the county before the end of the extension period for an additional extension of time to complete the project for an aggregate extension of not more than five years. Unless approved as part of the original lease documentation, the county council of the county may approve any extension by resolution, a copy of which must be delivered to the department within thirty days of the date the resolution was adopted. There is no extension allowed for the five-year period in which to meet the minimum level of investment. If the minimum level of investment is not met within five years, all property under the lease agreement or agreements, reverts retroactively to the payments required by Section 4-12-20. The difference between the fee actually paid by the sponsor and the payment which is due under Section 4-12-20 is subject to interest, as provided in Section 12-54-25(D). To the extent necessary to determine if a sponsor or sponsor affiliate has met its investment requirements, any statute of limitations that might apply pursuant to Section 12-54-85 is suspended for all sponsors and sponsor affiliates during the time period allowed to make the required investment and the department or county may seek collection of any amount that may be due pursuant to this subsection. Any property placed in service after the five-year period, or ten-year period in the case of a project which has received an extension, is not part of the fee agreement under subsection (D)(2) and is subject to the payments required by Section 4-12-20 if the county has title to the property, or to ad valorem property taxes, if the sponsor has title to the property. For purposes of those sponsors qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years.
(3) For those sponsors that, after qualifying pursuant to (D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year period for completing the project is fifteen years.
(4) The annual fee provided by subsection (D)(2) is available for no more than twenty years for an applicable piece of property. The sponsor may apply to the county prior to the end of the twenty-year period for an extension of the fee period for up to ten years. The county council of the county shall approve an extension by resolution upon a finding of substantial public benefit. A copy of the resolution shall be delivered to the department within thirty days of the date the resolution was adopted. For projects completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years or, if extended as provided in this subsection up to thirty years, for an aggregate fee period of to a maximum total of thirty up to forty years for the fee for a single project which has been granted an extension. For those sponsors qualifying under subsection (D)(4), the annual fee is available for no more than thirty years for an applicable piece of property and for those projects placed in service in more than one year the annual fee is available for a maximum of an aggregate fee period of up to forty-three years, or for those sponsors qualifying pursuant to subsection (C)(3), forty-five years.
(5) Annually, during the time period allowed to meet the minimum investment level, the sponsor shall provide the total amount invested to the appropriate county official."
"(D) The inducement agreement must provide for fee payments, to the extent applicable, as follows:
(1)(a) Any property is subject to an annual fee payment, as provided in Section 4-12-20.
(b) Any undeveloped land before being developed and placed in service, is subject to an annual fee payment as provided in Section 4-12-20. The time during which fee payments are made under Section 4-12-20 is not considered part of the maximum periods provided in subsections (C)(2) through (C)(4), and a lease is not considered an 'initial lease agreement' for purposes of this subsection until the first day of the calendar year for which a fee payment is due under item (2) in connection with the lease.
(2) After property qualifying under subsection (B) is placed in service, an annual fee payment determined in accordance with one of the following is due:
(a) an annual payment in an amount not less than the property taxes that would be due on the project if it were taxable, but using an assessment ratio of not less than six percent, or four percent of those projects qualifying pursuant to subsection (D)(4), a fixed millage rate as provided in subsection (G), and a fair market value estimate determined by the department as follows:
( i) for real property, using the original income tax basis for South Carolina income tax purposes without regard to depreciation, if real property is constructed for the fee or is purchased in an arm's length transaction; otherwise, the property must be reported at its fair market value for ad valorem property tax purposes as determined by appraisal. The fair market value estimate established for the first year of the fee remains the fair market value of the real property for the life of the fee; and
(ii) for personal property, using the original tax basis for South Carolina income tax purposes less depreciation allowable for property tax purposes, except that the sponsor is not entitled to any extraordinary obsolescence.
(b) an annual payment as provided in subsection (D)(2)(a), except that every fifth year the applicable millage rate is allowed to increase or decrease in step with the average actual millage rate applicable in the district where the project is located based on the preceding five-year period.
(3) At the conclusion of the payments determined pursuant to items (1) and (2) of this subsection, an annual payment equal to the taxes is due on the project as if it were taxable. When the property is no longer subject to the fee under subsection (D)(2), the fee or property taxes must be assessed:
(a) with respect to real property, based on the fair market value as of the latest reassessment date for similar taxable property; and
(b) with respect to personal property, based on the then depreciated value applicable to such property under the fee, and thereafter continuing with the South Carolina property tax depreciation schedule.
(4)(a) The assessment ratio may not be lower than four percent:
(i) in the case of a single sponsor investing at least one hundred fifty million dollars, resulting in a total investment of at least three hundred million dollars when added to previous investments by a sponsor, and creating at least one hundred twenty-five new full-time jobs at a project in this State;
(ii) in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a project; or
(iii) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a). business including a corporation, its subsidiaries, and its limited liability company members, that builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; or
(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a).
(b) The new full-time jobs requirement of this item does not apply in the case of a sponsor which for more than the twenty-five years ending on the date of the agreement paid more than fifty percent of all property taxes actually collected in the county.
(c) In an instance in which the governing body of a county has by contractual agreement provided for a change in fee in lieu of taxes arrangements conditioned on a future legislative enactment, any new enactment shall not bind the original parties to the agreement unless the change is ratified by the governing body of the county.
(5) Notwithstanding the use of the term 'assessment ratio', a sponsor qualifying for the fee may negotiate an inducement agreement with a county using differing assessment ratios for different assessment years or levels of investment covered by the inducement agreement. However, the lowest assessment ratio allowed is the lowest ratio for which the sponsor may qualify under this section."
"(H)(1) Upon agreement of the parties, and except as provided in item (2) of this subsection, an inducement agreement, a millage rate agreement, or both, may be amended or terminated and replaced with regard to all matters including, but not limited to, the addition or removal of sponsors or sponsor affiliates.
(2) No amendment or replacement of an inducement agreement or millage rate agreement may be used to lower the millage rate, assessment ratio, or, except as provided in Sections 4-12-30(C)(2) and (C)(4), increase the term of the agreement under any such agreement. However, existing inducement agreements which have not yet been implemented by the execution and delivery of a millage rate agreement or a lease agreement may be amended up to the date of execution and delivery of a millage rate agreement or a lease agreement in the discretion of the governing body.
(3) An inducement agreement or a lease agreement may provide that a sponsor who has committed to an investment under subsection (D)(4) may continue to receive the benefits of this chapter even if the sponsor fails to make or maintain the required investment or fails to create the jobs required by subsection (D)(4), if the sponsor meets the two and one-half million dollar minimum investment. If the sponsor fails to make or maintain the required investment or create the required number of jobs, the inducement agreement or the lease agreement may not provide for an assessment ratio and an exemption period more favorable than those allowed for the minimum investment. To the extent that the sponsor obtained a four percent assessment ratio under subsection (D)(4), the sponsor must recalculate the fee using a six percent ratio or such other ratio as the inducement agreement or lease agreement may provide for all years in which the four percent assessment ratio was used and pay the county any difference. This difference is subject to interest as provided in Section 12-54-25."
"(K)(1) For a project not located in an industrial development park, as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable, but without regard to an exemption otherwise available to the project pursuant to Section 12-37-220 for that year.
(2) For a project located in an industrial development park, as defined in Section 4-1-170, distribution of the fee in lieu of taxes on the project must be made in the manner provided for by the agreement establishing the industrial development park.
(3) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds or the requirements of Section 4-29-68(A)(4) by providing a credit against or payment derived from the fee due from a sponsor. A direct payment of cash may not be made to the sponsor.
(4) Misallocations of the distribution of the fee in lieu of taxes on the project pursuant to this chapter may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations. To the extent distributions are made improperly in previous years, a claim for adjustment must be made within one year of the distribution."
C. Section 4-29-67(C), (D)(4), (H), and (L)(3) of the 1976 Code, as last amended by Act 384 of 2006, is further amended to read:
"(C)(1) From the end of the property tax year in which the sponsor and the county execute an inducement agreement, the sponsor has five years in which to enter into an initial lease agreement with the county.
(2)(a) From the end of the property tax year in which the sponsor and the county execute the initial lease agreement, the sponsor has five years in which to complete its investment for purposes of qualifying for this section. If the sponsor does not anticipate completing the project within five years, the sponsor may apply to the county before the end of the five-year period for making the investment for an extension of time to complete the project. If the county agrees to grant the extension, it must be in writing, and a copy must be delivered to the department within thirty days of the date the extension was granted. The extension may not exceed five years. If a project receives an extension of less than five years, the sponsor may apply to the county before the end of the extension period for an additional extension of time to complete the project for an aggregate extension of not more than five years. Unless approved as part of the original lease documentation, the county council of the county may approve any extension by resolution, a copy of which must be delivered to the department within thirty days of the date the resolution was adopted.
(b) An extension of the five-year period in which to meet the minimum level of investment is not allowed. If the minimum level of investment is not met within five years, all property covered by the lease agreement or agreements reverts retroactively to the payments required by Section 4-29-60. The difference between the fee actually paid by the sponsor and the payment due pursuant to Section 4-29-60 is subject to interest, as provided in Section 12-54-25(D). To the extent necessary to determine if a sponsor or sponsor affiliate has met its investment requirements, any statute of limitation that might apply pursuant to Section 12-54-85 is suspended for all sponsors and sponsor affiliates and the department or the county may seek to collect any amounts that may be due pursuant to this section.
(c) Unless property qualifies as replacement property pursuant to a contract provision enacted pursuant to subsection (F)(2), property placed in service after the five-year period, or the ten-year period in the case of a project which has received an extension, is not part of the fee agreement pursuant to subsection (D)(2) and is subject to the payments required by Section 4-29-60 if the county has title to the property or ad valorem property taxes, if the sponsor has title to the property.
(d) For purposes of those businesses qualifying under subsection (D)(4), the five-year period referred to in this subsection is eight years. For those sponsors which, after qualifying pursuant to subsection (D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year period is fifteen years.
(3) The annual fee provided by subsection (D)(2) is available for no more than twenty years for an applicable piece of property. The sponsor may apply to the county prior to the end of the twenty-year period for an extension of the fee period for up to ten years. The county council of the county may approve an extension by resolution upon a finding of substantial public benefit. A copy of the resolution shall be delivered to the department within thirty days of the date the resolution was adopted. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years or, if extended as provided in this subsection, up to thirty years, for an aggregate maximum fee period of up to forty years to a maximum total of thirty years for the fee for a single project which has been granted an extension. For those sponsors qualifying under subsection (D)(4), the annual fee is available for no more than thirty years for an applicable piece of property and for those projects placed in service in more than one year, the annual fee is available for a maximum of an aggregate fee period of up to forty-three years or, for those sponsors qualifying pursuant to item (2)(d), forty-five years.
(4) During the time period allowed to meet the minimum investment level, the investor annually must inform the appropriate county official of the total amount invested."
"(D)(4)(a) The assessment ratio may not be lower than four percent:
( i) in the case of a single sponsor investing at least one hundred fifty million dollars, resulting in a total investment of at least three hundred million dollars when added to previous investments by a sponsor, and which is creating at least one hundred twenty-five new full-time jobs at the project;
(ii) in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project in this State;
(iii) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a). business including a corporation, its subsidiaries, and its limited liability company members, that builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; or
(iv) in the case of a project that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a).
(b) The new full-time jobs requirement of this item does not apply in the case of a business that paid more than fifty percent of all property taxes actually collected in the county for more than the twenty-five years ending on the date of the lease inducement agreement.
(c) In an instance in which the governing body of a county has provided, by contractual agreement, for a change in fee in lieu of taxes arrangements conditioned on a future legislative enactment, a new enactment does not bind the original parties to the agreement unless the change is ratified by the governing body of the county."
"(H)(1) Upon agreement of the parties, and except as provided in subsection (H)(2), an inducement agreement, a millage rate agreement, or both, may be amended or terminated and replaced with regard to all matters including, but not limited to, the addition or removal of sponsors or sponsor affiliates.
(2) An amendment or a replacement of an inducement agreement or millage rate agreement may not be used to lower the millage rate, discount rate, assessment ratio, or, except as provided in Sections 4-29-67(C)(2) and (C)(4) increase the term of the agreement; except that an existing inducement agreement that has not been implemented by the execution and delivery of a millage rate agreement or a lease agreement may be amended up to the date of execution and delivery of a millage rate agreement or a lease agreement in the discretion of the governing body."
"(L)(3) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing special source revenue bonds or the requirements of Section 4-29-68(A)(4) by providing a credit against or payment derived from the fee due from the sponsor. A direct payment of cash may not be made to a sponsor pursuant to these provisions."
D. 1. Section 12-36-2120(67) of the 1976 Code, as added by Act 384 of 2006, is amended to read:
"(67) effective July 1, 2011, construction materials used in the construction of a single new or expanded manufacturing and or distribution facility with a capital investment of at least one hundred million in real and personal property at a single site in the State over an eighteen-month period. The taxpayer must provide notice of the exemption, and the Department of Revenue may assess taxes owing in the manner provided in Section 12-36-2120(51)."
2. Notwithstanding the sales and use tax rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of qualifying construction materials used in the construction of a new or expanded manufacturing or distribution facility, created by this section, is four percent for sales from July 1, 2007, through June 30, 2008, three percent for sales from July 1, 2008, through June 30, 2009, two percent for sales from July 1, 2009, through June 30, 2010, and one percent for sales from July 1, 2010, through June 30, 2011.
E. Section 12-44-10 of the 1976 Code is amended to read:
"Section 12-44-10. This act may be cited as the 'Fee in Lieu of Tax Simplification Act of 1997."
F. Section 12-44-30(7), (13), (14), and (20) of the 1976 Code, as last amended by Act 161 of 2005, is further amended to read:
"(7) 'Enhanced investment' means a project which results in a total investment:
(a) by a single sponsor of at least two hundred million dollars, resulting in a total investment of at least four hundred million dollars when added to the previous investments, and creating at least two hundred investing at least one hundred fifty million dollars and creating at least one hundred twenty-five new full-time jobs at the project; provided that the new full-time jobs requirement of this subsection does not apply to a taxpayer who paid more than fifty percent of all property taxes actually collected in the county for more than twenty-five years, ending on the date of the fee agreement;
(b) by a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project;
(c) by a single sponsor investing at least six hundred million dollars in this State;
(d) at least four hundred million dollars in the building of a project consisting of gas-fired combined-cycle power facility by a sponsor which creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project and invests an additional five hundred million dollars in this State. The investment must be made by a sponsor which consists of a corporation, its subsidiaries, and its limited liability companies. The new full-time jobs requirement of this subsection does not apply to a taxpayer which paid more than fifty percent of all property taxes actually collected in the county for more than twenty-five years ending on the date of the fee agreement; or
(e) (c) that satisfies the requirements of Section 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to Section 11-41-70(2)(a)."
"(13) 'Investment period' means the period beginning with the first day that economic development property is purchased or acquired and ending five years after the commencement date; except that for a project with an enhanced investment as described above, the period ends eight years after the commencement date. The minimum investment must be completed within five years of the commencement date. For an enhanced investment, the applicable minimum investment and job requirements under Section 12-44-30 (7) must be completed within eight years of the commencement date. For those sponsors that, after qualifying for the enhanced investment, have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the investment period ends ten years after the commencement date. If the sponsor does not anticipate completing the project within this period these periods, the sponsor may apply to the county before the end of the investment period for an extension of time to complete the project. If the county agrees to an extension, it must do so in writing and furnish a copy of the extension to the department within thirty days of the date the extension was granted. The extension may not exceed five years in which to complete the project. The extension may not exceed five years. If a project receives an extension of less than five years, the sponsor may apply to the county before the end of the extension period for an additional extension of time to complete the project for an aggregate extension of not more than five years. Unless approved as part of the original fee documentation, the county council of the county may approve any extension by resolution, a copy of which must be delivered to the department within thirty days of the date the resolution was adopted. An extension is not allowed for the time period in which the sponsor must meet the minimum investment requirement."
"(14) 'Minimum investment' means a project that results in a total an investment by a sponsor of not less than five in the project of at least two and one-half million dollars within the investment period. If a county has an average annual unemployment rate of at least twice the state average during the last twenty-four month period based on data available on the most recent November first, the minimum investment is one million dollars. The department shall designate these reduced investment counties by December thirty-first of each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The designations are effective for a sponsor whose fee agreement is signed in the calendar year following the county designation. For all purposes of this chapter, the minimum investment may include amounts expended by a sponsor or sponsor affiliate as a nonresponsible party in a voluntary cleanup contract on the property pursuant to Article 7, Chapter 56 of Title 44, the Brownfields Voluntary Cleanup Program, if the Department of Health and Environmental Control certifies completion of the cleanup. If the amounts under the Brownfields Voluntary Cleanup Program equal at least one million dollars, the investment threshold requirement of this chapter is deemed to have been met."
"(20) 'Termination date' means the date which is the last day of a property tax year which is the nineteenth year following the first property tax year in which an applicable piece of economic development property is placed in service; provided, however, that the sponsor may apply to the county prior to the termination date for an extension of the termination date beyond the nineteenth year up to ten years. The county council of the county shall approve any extension by resolution upon a finding of substantial public benefit. A copy of the resolution shall be delivered to the department within thirty days of the date the resolution was adopted. With respect to a fee agreement involving an enhanced investment, the termination date is the last day of a property tax year which is the twenty-ninth year following the first property tax year in which an applicable piece of economic development property is placed in service. If the fee agreement is terminated in accordance with Section 12-44-140, the termination date is the date the agreement is terminated."
G. Section 12-44-40(E) and (J) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(E) If a fee agreement is not executed within five years after action by the county identifying or reflecting the project, the inducement resolution is adopted by the county council, the real property or tangible personal property of a sponsor for which expenditures have been incurred by the sponsor with respect to the project do not qualify as economic development property. An action includes an inducement resolution adopted by the county council of the county."
"(J)(1) Upon agreement of the parties, and except as provided in item (2), a fee agreement may be amended or terminated and replaced with regard to all matters, including the addition or removal of sponsors or sponsor affiliates.
(2) An amendment or replacement of a fee agreement may not be used to lower the millage rate, discount rate, assessment ratio, or, except as provided in Sections 12-44-30(13) and (20), increase the term of the agreement."
H. Section 12-44-70 of the 1976 Code, is amended to read:
"Section 12-44-70. (A) If allowed by the fee agreement and subject to any limitations and conditions contained in the fee agreement, a sponsor may take a credit against the fee established in Section 12-44-50(A)(1) and (3) over the term specified in the fee agreement to offset improvement costs, except that a direct payment of cash must not be made to the sponsor:
(1) for a project not located in an industrial development park, to the extent that the cumulative credit taken does not exceed the lesser of:
(a) the improvement costs of the project; or
(b) the county's share of fees distributed from the project under Section 12-44-80(A).
A municipality or special purpose district that would otherwise receive a distribution of fee in lieu of taxes under Section 12-44-80(A), may agree to allow to a sponsor a credit against the fee established in Section 12-44-50(A)(1) or (A)(3) in an amount not exceeding the share of the fee in lieu of taxes that would have been distributed to the municipality or special purpose district with respect to the sponsor's project; or
(2) for a project located within an industrial development park, to the extent that the cumulative credit taken does not exceed the lesser of:
(a) the improvement costs of the project; or
(b) the total amount of fees the county is entitled to retain under the industrial development park agreement.
(B) For purposes of this section, improvement costs include the cost of designing, acquiring, constructing, improving, or expanding:
(1) the infrastructure serving the project; and
(2) improved and unimproved real property, buildings, and structural components of buildings used in the operation of a project in order to enhance economic development.
A county, municipality, or special purpose district that receives and retains revenues from a payment in lieu of taxes may use a portion of the revenues for the purposes outlined in Section 4-29-68 without the requirements of issuing special source revenue bonds or complying with Section 4-29-68(A)(4) by providing a credit against or payment derived from the fee due from a sponsor."
I. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
J. The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of tort and other civil action reform as clearly enumerated in the title.
The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.
K. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 3 (3749R004.HKL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-6-3360(A) of the 1976 Code is amended to read:
"(A) Taxpayers that operate manufacturing, tourism, processing, warehousing, distribution, research and development, corporate office, qualifying service-related facilities, extraordinary retail establishment, qualifying technology intensive facilities, and banks as defined pursuant to this title are allowed an annual job tax credit as provided in this section. In addition, taxpayers that operate retail facilities and service-related industries qualify for an annual jobs tax credit in counties designated as least developed or distressed, and in counties that are under developed and not traversed by an interstate highway. As used in this section, 'corporate office' includes general contractors licensed by the South Carolina Department of Labor, Licensing and Regulation. Credits pursuant to this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, bank taxes imposed pursuant to Chapter 11 of this title, and insurance premium taxes imposed pursuant to Chapter 7 of Title 38, and are limited in use to fifty percent of the taxpayer's South Carolina income tax, bank tax, or insurance premium tax liability. In computing a tax payable by a taxpayer pursuant to Section 38-7-90, the credit allowable pursuant to this section must be treated as a premium tax paid pursuant to Section 38-7-20." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 4 (3749R011.LKG), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-37-220 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Real property not subject to property tax, leased by a state agency, county, municipality, other political subdivision, or other state entity to an entity that would not be subject to property tax if the entity owned the property." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
Senator VERDIN proposed the following Amendment No. 5 (3749R014.DBV), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Notwithstanding any other provision of law, a county council by ordinance may delay implementation of values in a countywide assessment and equalization plan scheduled for the current tax year until property tax year 2008. The provisions of this section do not alter the index of taxpaying ability as defined in Section 59-20-20(3). /
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the amendment.
The amendment was adopted.
On motion of Senator VERDIN, the Bill was carried over.
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin and Grooms: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (472R003.WGR), which was tabled:
Amend the bill, as and if amended, page 4, by striking lines 12 - 14 and inserting:
/ (B) An order of the court imposing the requirements of this section must be transmitted to the Department of Public Safety in the manner provided in Section 56-5-2970. /
Amend the bill, as and if amended, page 5, by striking lines 19 - 23 and inserting:
/ (1) The department must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. /
Amend the bill further, as and if amended, page 5, by striking lines 36 - 43 and inserting:
/ (K) In addition to availability under the Freedom of Information Act, any Department of Public Safety policy, procedure, or regulation concerning ignition interlock devices must be made publicly accessible on the department's internet web site.
(L) The Department of Public Safety shall develop regulations including, but not limited to, regulations governing the certification, use, maintenance, and operation of ignition interlock devices." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the committee amendment.
Senator GROOMS moved to lay the Transportation Committee amendment on the table.
The Transportation Committee amendment was laid on the table.
The Judiciary Committee proposed the following amendment (JUD0472.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A)(1) Except as otherwise provided in this section, in In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may must require such the person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the any vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family the person operates an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. For a first offense in order for an ignition interlock device to be required the person's conviction must be based on an alcohol concentration of fifteen one-hundredths of one percent or more that was admitted into evidence in the trial or was the reading presented to the court as part of a plea. The court may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the Department of Public Safety, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945.
(2) The court, in imposing the requirements of this section, shall:
(a) specify that the length of time that an interlock device is required to be affixed to a vehicle following the completion of a period of license suspension imposed on the offender is one year for the first offense;
(b) notwithstanding the pleadings, for purposes of a second or a subsequent offense the specified length of time that an interlock devices is required to be affixed to a vehicle is based on the Department of Motor Vehicle's records for offenses pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945, and is two years for the second offense, three years for the third offense, and the remainder of the offender's life for a fourth or subsequent offense;
(c) provide for an Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. An offender receiving a total of two points will have their length of time that the interlock device is required extended by two months. An offender receiving a total of three points will have their length of time that the interlock device is required extended by four months and must submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the individual not complete the recommended plan, or not make progress toward completing the plan, the Department of Motor Vehicles must suspend the individual's driver's license until the plan is completed or progress is being made toward completing the plan. An offender receiving a total of four points shall have their license suspended for a period of one year and submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Completion of the plan is mandatory as a condition of reinstatement of the person's driving privileges. The Department of Alcohol and Other Drug Abuse is responsible for notifying the Department of Probation, Parole and Pardon Services of an individual's completion and compliance with education and treatment programs. The Department of Probation, Parole and Pardon Services is responsible for notifying the Department of Motor Vehicles of any suspensions or reinstatements due to an individual's compliance with substance abuse education and treatment programs;
(d) provide that the cost of the interlock device must be borne by the offender; however, that if the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the Interlock Device Fund managed by the Department of Probation, Parole and Pardon Services;
(e) require the ignition interlock service provider to collect and remit monthly to the Interlock Device Fund a fee as determined by the Department of Probation, Parole and Pardon Services not to exceed three hundred sixty dollars per year for each year the person is required to operate a vehicle with an ignition interlock device. Any ignition service provider failing to properly remit funds to the Interlock Device Fund may be decertified as an ignition interlock service provider by the Department of Probation, Parole and Pardon Services. If a service provider is decertified for failing to remit funds to the Interlock Device Fund, the cost for removal and replacement of a ignition interlock device must be borne by the service provider; and
(f) require the offender to have the interlock device inspected every sixty days to verify that the device is affixed to the vehicle and properly operating. Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on interlock devices may conduct inspections. The service provider must immediately report any devices that fail inspection to the Department of Probation, Parole and Pardon Services. The report must contain the name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection. Failure of the offender to have the interlock device inspected every sixty days will result in one interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender attempted to start the vehicle with an alcohol concentration of two one-hundredths of one percent or more, the offender is assessed one-half interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration between two one-hundredths of one percent and less than four one-hundredths of one percent, the offender is assessed one-half interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration between four one-hundredths of one percent and less than fifteen one-hundredths of one percent, the offender is assessed one interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration above fifteen one-hundredths of one percent, the offender is assessed two interlock device points. An individual may appeal any interlock device points received to the Department of Probation, Parole and Pardon Services Hearing Officers through a process established by the Department of Probation, Parole and Pardon Services.
(B) An order of the court imposing the requirements of this section must be transmitted to the Department of Motor Vehicles in the manner provided in Section 56-5-2970.
(C) Ten years from the date of the person's last conviction and every five years thereafter a fourth or subsequent offender may apply to the Department of Probation, Parole and Pardon Services for removal of the ignition interlock device and the removal of the restriction from his driver's license. The Department of Probation, Parole and Pardon Services may, for good cause shown, remove the device and remove the restriction from the offender's license.
(D) Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock restriction to operate a vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this section must be punished in the manner provided in Section 56-5-2940.
(E) An offender that is required in the course and scope of his employment to operate a motor vehicle owned by the offender's employer may operate his employer's motor vehicle without installation of an ignition interlock device, provided that the offender's use of the employer's vehicle is solely for the employer's business purposes.
(F) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock system installed on a vehicle pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(G) It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender with a vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(H) It is unlawful for an offender to solicit or request another person, or for a person to solicit or request another person on behalf of an offender, to engage an interlock ignition system to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(I) It is unlawful for another person to engage an interlock ignition device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(J) Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.
(1) The Department of Probation, Parole and Pardon Services must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. All devices certified to be used in South Carolina must be set to prohibit the starting of a vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running re-tests must record violations of an alcohol concentration of two one-hundredths of one percent or more.
(2) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified devices and their manufacturer. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the non-certified device.
(3) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
(K) In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services policy concerning ignition interlock devices must be made publicly accessible on the Department of Probation, Parole and Pardon Service's internet web site.
(L) The Department of Probation, Parole and Pardon Services shall develop policies including, but not limited to, the certification, use, maintenance, and operation of ignition interlock devices and Interlock Device Fund."
SECTION 2. Section 56-1-400 of the 1976 Code is amended to read:
"Section 56-1-400. The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the department Department of Motor Vehicles. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department Department of Motor Vehicles, a new license issued to him. The department Department of Motor Vehicles shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the department Department of Motor Vehicles, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, the department Department of Motor Vehicles, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. In the case of a license suspended for driving under the influence of intoxicants, the restriction on the license returned to the licensee, or the new license issued to the licensee, must conspicuously identify the licensee as a person who may only operate a motor vehicle with an ignition interlock device installed and the restriction must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-5-2941. No license containing an ignition interlock device restriction shall be issued by the Department of Motor Vehicles without written notification from the authorized ignition interlock service provider that the device has been installed and confirmed to be in working order. If a person chooses to not have an interlock device installed, the license will remain suspended for three years from the date the suspension for driving under the influence of intoxicants ends. If during this three-year period the person decides to have the ignition interlock device installed, the device must be installed for the full suspension period or until the end of the three-year period, whichever comes first. After five years from the date of conviction or suspension, the driver may apply for a new identical license, and the department Department of Motor Vehicles shall issue such identical license without any notation of suspension endorsed thereon. But this provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the department Department of Motor Vehicles with proof that the fine owed by the person has been paid before the department Department of Motor Vehicles may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION 3. Section 56-5-2949 of the 1976 Code is amended to read:
"Section 56-5-2949. In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, or breath site videotaping, or ignition interlock which is in effect on or after July 1, 2000, shall be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."
SECTION 4. This act takes effect one year from the signature of the Governor. /
Renumber sections to conform.
Amend title to conform.\
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator HUTTO, the Bill was carried over.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 472.
H. 3373 (Word version) -- Reps. M.A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (H-3373 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 9, Chapter 55, Title 44 of the 1976 Code is amended by adding:
"Section 44-55-822. (A)(1) The Department of Health and Environmental Control may issue a preliminary tract evaluation for tracts of land that may be developed in the future. For purposes of this section, a tract of land is any tract of land that is not yet divided into individual lots for the immediate or future purpose of building development. A preliminary tract evaluation will determine whether a tract of land is conceptually appropriate for the use of onsite wastewater systems. If the proposed subdivision is found to be suitable for onsite waste treatment systems, the department shall issue a preliminary subdivision approval letter.
(2) When conducting a preliminary tract evaluation, the department shall consider a variety of factors including, but not limited to, soil maps, boundary plat, and distance to the nearest sewer line. The department may determine what documents and other supporting materials must be submitted with an application for a preliminary tract evaluation. When making a determination on a preliminary tract evaluation, the department may receive and consider information and data on soil from registered soil classifiers and other site conditions from engineers.
(B)(1) The Department of Health and Environmental Control may issue a preliminary subdivision approval letter for subdivisions where the use of onsite wastewater systems is proposed as the method of sewage treatment and disposal. For purposes of this section, a subdivision is any tract of land divided into five or more lots for the immediate or future purpose of building development where onsite wastewater systems are to be considered except where all of the lots are five acres or larger, regardless of the number of lots.
(2) The department must not issue a final subdivision approval letter for a residential subdivision for which it has approval responsibility without first conducting a soil suitability test on each lot in the proposed subdivision. The suitability test must determine if the soil conditions on each lot meet the requirements of regulation to support the use of an onsite wastewater system. The department shall issue permits on each approved lot within the subdivision if all of the conditions for permitting have been met pursuant to regulation. Following the completion of the soil suitability test for each lot as submitted by the developer, the department shall issue a final subdivision approval letter indicating the approval or disapproval for each lot in the proposed subdivision.
(3) The department shall provide space on its 'Application for Subdivision of Real Estate', or another applicable form in use, for the developer of the proposed subdivision to indicate the typical setback on the lots and the typical size house that is anticipated to be built in the proposed subdivision. Changes in the house size, addition of landscaping features, addition of structures, addition of impervious materials or other site alterations could jeopardize permitting a septic tank system for a proposed lot. If the septic permit application is denied for any reason, the department shall inform the subdivision lot owner if any corrective measures could be taken to remedy the problem and lead to the issuance of a septic tank permit.
Section 44-55-825. (A) Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an onsite wastewater system, the department is required to conduct random final inspections and approvals of no less than three percent annually of the total number of installed systems during the preceding fiscal year.
(B) Any installed system not inspected within a specified time period designated by the department is deemed approved by the department. The department shall establish documentation and record requirements.
(C) Onsite wastewater systems must be installed pursuant to construction and operation permits issued by the department pursuant to regulation. Deviation from the installation design and conditions in onsite wastewater permits may be considered by the department to be a violation. Violation of an onsite wastewater system permit installation must be enforced in accordance with the following:
(1) First offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed one year.
(2) Second offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed three years.
(3) Third offense violations may be enforced under Section 44-1-150 or by permanent revocation of the installer's license.
Section 44-55-827. (A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of onsite wastewater systems. These regulations must include:
(1) eligibility criteria to be licensed as an Onsite Wastewater Systems Contractor;
(2) a tiered licensing program defining various levels of competency and skill, including licenses that allow different combinations of installation, repair, modification, and final inspection and approval of onsite wastewater systems;
(3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of onsite wastewater systems;
(4) minimum standards for training and continuing education for Onsite Wastewater Systems Contractors;
(5) bonding and insurance requirements for Onsite Wastewater Systems Contractors;
(6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and
(7) enforcement guidelines and penalties for violations of the provisions of these regulations.
(B) The department shall promulgate regulations pursuant to the requirements for licensure of an Onsite Wastewater Systems Contractor, as provided for in subsection (A), items (1) through (7).
(C) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and regulation, to issue permits for the installation and construction of individual onsite wastewater systems.
SECTION 2. This act takes effect on January 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
On motion of Senator MOORE, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: A BILL TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE MUST BE DETERMINED BY THE BOARD.
The House returned the Bill with amendments.
On motion of Senator GROOMS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D.C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
Senator HAYES was recognized to explain the Bill.
With Senator HAYES retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Donnie
M. Macklen, 51, of Socastee, S.C., beloved husband, loving son and devoted father.
At 1:56 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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