Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The prophet Isaiah reminds God's ancient people that:
" 'I took you from the ends of the earth, from its farthest corners I called you. I said, "You are my servant;" I have chosen you, and have not rejected you'." (Isaiah 41:9)
Please join me as we bow in prayer:
Holy God, just as You called and remained faithful to Your servants centuries ago, we know clearly that You called these individuals to serve You here in this Chamber throughout this 117th General Assembly. Though many daunting challenges still loom before them, the Senators and staff members in this place have sought to honor You through their debates and decisions over the past five months. And through it all Your servants here have typically tried to do what is needful and right for the people of this State. May that always prove to be true, to Your glory, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointment listed below:
Initial Appointment, State Board of Pharmacy, with term coterminous with Governor
Seat: Public
Charles L. Appleby, Jr., 2100 Twin Church Road - Unit 91, Florence, S.C. 29501 VICE Leo Richardson
Respectfully,
Mark C. Sanford
On motion of Senator PEELER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
10 Year Pins
Vivian E. Byerly
Caroline M. Pinckney
Mary L. Riley
20 Year Pins
Judith S. Denning
Stephanie A. Jones-Fitts
Angela F. Stoner
30 Year Pin
Katherine A. Sprayberry
Senator McCONNELL presented a certificate and service pin to the following Senator for his years of service:
10 Year Pin
Lawrence K. Grooms
All were highly commended for their years of devoted and loyal service.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 657, R-64.
(R64, S657 (Word version)) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO IN-STATE FACILITIES DISPENSING DRUGS BEING REQUIRED TO BE PERMITTED BY THE BOARD OF PHARMACY AND BEING REQUIRED TO COMPLY WITH OTHER PROVISIONS, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM CERTAIN OF THESE REQUIREMENTS; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT FOR A PHARMACIST-IN-CHARGE, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND
This Bill creates the "South Carolina Critical Needs Nursing Initiative Act," to be administered by the Commission on Higher Education. However, the Bill also includes codification of two unrelated budget provisos, pertaining to the South Carolina Department of Health and Environmental Control, which were bobtailed onto the Bill during the legislative process.
My primary objection to this legislation is based on my opposition to bobtailing legislation. Bobtails are generally items simply tacked-on near the end of the legislative process, with little or no debate, to an unrelated Bill that seems likely to pass.
For more than a century, the state's Constitution has included a requirement that legislation contain one subject and not include unrelated items. In this case, the Bill amends three unrelated titles of South Carolina Code. Further, the underlying Bill provides for the recruitment of teaching professionals, while the bobtailed amendments deal with pharmacy dispensing and retention of fees. The two bobtailed sections were originally budget provisos in the Fiscal Year 2007-2008 Appropriations Act but were struck out on points of order under Rule 24A of the Senate. These same two sections were added to S. 657 in the Senate, seemingly in contradiction of Rule 24A, which states, "In order to be germane, an amendment must be a natural and logical change or expansion directly related to the specific subject of the Bill...."
The underlying Bill seeks to address our state's nursing teaching and nursing student shortage. While I believe the legislation is well-intended, it is also a piecemeal approach to addressing higher education priorities. According to the Office of State Budget, full implementation of this legislation will be at least $35.9 million. In addition, there is a proposal to spend up to $11 million in the FY 2007-2008 Appropriations Act to increase funding for nursing education above what this legislation authorizes.
At the same time, little has been done to look at and reduce the duplication and overlaps in the higher education system that needlessly consume dollars that could be used to pay for this program. Currently, South Carolina spends the second highest amount on higher education as a percentage of our budget among Southeastern states. Nationwide,
There is proposed funding in the FY 2007-2008 Appropriations Act to establish a joint committee comprised of appointees from both the legislative and executive branches to develop a statewide higher education plan. In addition, hopefully the committee will identify waste and duplication in the system so that we can reinvest those dollars into needed programs and toward the benefits of our students.
For the reasons stated above, I am vetoing S. 657, R-64, and returning it without my approval.
Sincerely,
/s/ Mark Sanford
(R64, S657 (Word version)) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO IN-STATE FACILITIES DISPENSING DRUGS BEING REQUIRED TO BE PERMITTED BY THE BOARD OF PHARMACY AND BEING REQUIRED TO COMPLY WITH OTHER PROVISIONS, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM CERTAIN OF THESE REQUIREMENTS; TO AMEND SECTION
The veto of the Governor was taken up for immediate consideration.
Senator PEELER spoke on the veto.
Senator PEELER 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:
AYES
Alexander Anderson Bryant Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Campsen
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The Honorable Andre Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, South Carolina 29202
Dear President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 666, R-66.
(R66, S666 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Winthrop is one of the great teaching institutions of this State, and I applaud the work done by so many at this important school here in our State. The Bill in question adds two members, elected at-large by the General Assembly, to the Board of Trustees of Winthrop University.
I am vetoing this Bill because, I believe, it further perpetuates the problems we have in higher education in South Carolina, particularly the politicization of the colleges and universities here in Columbia. One could reasonably assume this Bill's purpose is to strengthen Winthrop's hand in its ability to compete with schools like Clemson or USC in procuring state funding. From a single institution's standpoint
Many colleges and universities already have some form of lobbyist in Columbia to secure dollars through the legislative process. This type of legislation only furthers the notion that every college and university in the state needs to participate in an "arms race" to more effectively lobby the General Assembly for funding. However, as history indicates, the winners in that process are not the South Carolina families hoping to provide the next generation with a better education. There are several efforts pending that could work to change this larger "arms race" and until they take place I think it is best to hold on legislation like S. 666.
The challenges we have in higher education are significant. Since taking office, I have advocated for a more coordinated higher education system so that we can better utilize the money in our education system - and therefore make it more affordable. Our concern has been timely, given a recent rating of state higher education system that ranked South Carolina as an "F" regarding our state's affordability. Having a post-secondary program will serve little purpose if our children cannot afford to participate.
Since 1990, South Carolina's in-state tuition at public schools has increased 244 percent. Last year, the Higher Education Pricing Index increased only 3.5 percent, while the average tuition for public four-year universities increased 12 percent - making us the highest among all Southeastern states for in-state tuition. South Carolina also spends the second-highest amount on higher education as a percent of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. Yet, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education. There are affordability problems for our students, and we believe it is important to be cautious of any changes that could, in any way, add to this problem.
As I mentioned earlier I am encouraged that we can make progress on this front. There is proposed funding in the FY 2007-2008 Appropriations Act to establish a joint committee comprised of appointees from both the legislative and executive branches to develop a statewide higher education plan. In addition, the committee will, hopefully, identify waste and duplication in the system so that we can reinvest those dollars into needed programs and toward the benefits of
For these reasons, I am returning S. 666, R.66 to you without my signature.
Sincerely,
/s/ Mark Sanford
(R66, S666 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
The veto of the Governor was taken up for immediate consideration.
Senator HAYES spoke on the veto.
Senator HAYES 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:
AYES
Alexander Anderson Bryant Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott
Setzler Sheheen Short Thomas Vaughn Verdin Williams
Campsen
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
At 12:50 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
At 1:26 P.M., on motion of Senator McCONNELL, with unanimous consent, the Invitation to Ratify was rescinded.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. on Wednesday, June 6, 2007.
S. 776 (Word version) -- Senators Campsen, Cleary, Ritchie, McConnell and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION IDENTITY FRAUD AND FRAUD PREVENTION ACT," BY ADDING CHAPTER 29 TO TITLE 8, RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED
On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 776.
Senator McCONNELL rose for an Expression of Personal Interest.
On motion of Senator HAWKINS, with unanimous consent, the Privilege of the Floor was extending to Justice E. C. Burnett upon the occasion of his retirement from the South Carolina Supreme Court.
Justice Burnett was escorted to the floor by Senators McCONNELL, SHEHEEN, HAYES, CAMPSEN, THOMAS, LAND, HUTTO, RITCHIE, SETZLER and MALLOY.
A Resolution commending him on his many years of dedicated service to the State of South Carolina was read and presented to Justice Burnett.
The following was received and referred to the appropriate committee for consideration:
Senator McCONNELL introduced Dr. Elizabeth Kline of Charleston, S.C., Doctor of the Day.
S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES-FOLLY REACH IN CHARLESTON HARBOR FOR THE LATE REAR ADMIRAL RICHARD E. BENNIS.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation.
The Resolution was adopted, ordered sent to the House.
H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E.H. Pitts, G.R. Smith, Williams and Bales: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.
H. 3911 (Word version) -- Reps. Lucas and Neilson: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary.
Senator McCONNELL asked unanimous consent to give the Bill a second reading.
There was no objection and the Bill was read the second time.
On motion of Senator MALLOY, with unanimous consent, H. 3911 was ordered to receive a third reading on Wednesday, June 6, 2007.
H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
Senator McCONNELL 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.
Senator McCONNELL asked unanimous consent to give the Bill a second reading.
There was no objection and the Bill was read the second time.
On motion of Senator McCONNELL, with unanimous consent, H. 4072 was ordered to receive a third reading on Wednesday, June 6, 2007.
H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO CONSTRUCT, RENOVATE, AND REPAIR SCHOOL BUILDINGS IN THE COUNTY USING LEASE-PURCHASE FINANCING AGREEMENTS IN THE PRINCIPAL AMOUNT NOT TO EXCEED, IN THE AGGREGATE, SIXTY MILLION DOLLARS AND TO GIVE SPECIFIC POWERS TO THE BOARD AND PROVIDE FOR CERTAIN LIMITATIONS REGARDING LEASE-PURCHASE AGREEMENTS; TO DIRECT THE DILLON COUNTY AUDITOR TO LEVY MILLAGE IN SPECIFIED AMOUNTS SUBJECT TO CERTAIN LIMITATIONS; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO A LEASE-PURCHASE AGREEMENT AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.
Senator WILLIAMS asked unanimous consent to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance.
Senator WILLIAMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator WILLIAMS proposed the following amendment (JUD4111.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO ACQUIRE, CONSTRUCT, RENOVATE, REPAIR, FURNISH, AND EQUIP SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO THE PROVISION OF PUBLIC EDUCATION IN DILLON COUNTY BY MEANS OF ACQUISITION AGREEMENTS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIXTY MILLION DOLLARS SUBJECT TO THE APPROVAL OF A SALES AND USE TAX TO BE IMPOSED IN DILLON COUNTY; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO THESE ACQUISITION AGREEMENTS AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; TO AUTHORIZE EACH OF THE SEVERAL SCHOOL DISTRICTS IN DILLON COUNTY TO ISSUE GENERAL OBLIGATION BONDS WITHIN THE GENERAL OBLIGATION DEBT LIMIT IMPOSED BY ARTICLE X, SECTION 15 OF THE SOUTH CAROLINA CONSTITUTION OR PURSUANT TO THE FAVORABLE RESULTS OF A REFERENDUM IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS PRIOR TO JANUARY 1, 2018; TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED; TO AUTHORIZE THE USE OF THE PROCEEDS OF THESE BONDS TO MAKE PAYMENTS WITH RESPECT TO ACQUISITION AGREEMENTS ENTERED INTO BY THE DILLON COUNTY BOARD OF EDUCATION OR TO DEFRAY THE COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) There is a definite and compelling need for new and renovated school facilities in Dillon County, inasmuch as many of the existing school facilities therein are dilapidated and obsolete.
(2) The use of appropriation-based acquisition agreements to provide for such schools is necessary and appropriate in light of such conditions.
(3) A sales and use tax authorized by referendum shall reduce property tax burdens in Dillon County and alleviate the disparity in property tax rates, if any, among the several school districts therein.
SECTION 2. (A)(1) The Dillon County Board of Education is authorized to acquire, construct, renovate, repair, furnish, and equip school buildings and other facilities relating to the provision of public education in Dillon County by means of acquisition agreements in the principal amount not to exceed, in the aggregate, sixty million dollars ($60,000,000). Each such acquisition agreement shall be approved by resolution of the Dillon County Board of Education. The term of any agreement entered into in connection with such acquisition agreements shall not exceed 40 years from the date of delivery thereof. The Chairman and Secretary of the Dillon County Board of Education are authorized to execute and deliver all such documents as shall be necessary or convenient to accomplish the purposes of this act. An acquisition agreement undertaken pursuant to this section may be refinanced in the discretion of the Dillon County Board of Education, provided that such refinancing results in a debt service savings.
(2) In connection with such acquisition agreements, the Dillon County Board of Education is authorized, without the prior review or consent of any person or other entity, to:
(a) enter into leases of real property and improvements thereupon, as determined by the Dillon County Board of Education;
(b) procure insurance, guarantees, letters of credit, reserve fund surety bonds, and other forms of collateral or security or credit support from any public or private entity for the payment of amounts
(c) enter into contracts and expend funds to obtain accounting, management, legal, financial consulting, bond underwriting, trusteeship, and other professional services necessary or convenient to the fulfillment of the purposes of this act;
(d) enter into leases and other contracts with each of the school districts in Dillon County for the use by the latter of school facilities financed in accordance with this act; and
(e) enter into all contracts or agreements and make such covenants as are necessary, proper, or convenient for the effectuation of the powers granted herein and purposes of this act.
(B) Notwithstanding any other provision of this act, no acquisition agreement shall be entered into pursuant hereto unless, prior to the entry into such agreement, the Dillon County Board of Education shall project that the revenues from the sales tax provided for herein and the proceeds of any general obligation bonds of any of the several school districts as provided for in this act shall be sufficient to pay all amounts owed under such agreement and all other such agreements entered into pursuant hereto then in effect.
(C) During the time that any authorized acquisition agreement hereunder remains in effect, the school buildings and other facilities financed thereby shall be titled in the name of the Dillon County Board of Education. The title to any real property to be improved pursuant to any acquisition agreement authorized hereunder which is presently titled in the name of a school district in Dillon County shall be transferred to the Dillon County Board of Education prior to the effective date of the acquisition agreement applicable thereto. Upon the termination of an acquisition agreement and all leases related thereto, title to such school buildings and other facilities shall be transferred to the boards of trustees of the respective school districts in which such buildings and facilities are situated.
(D) Any payment obligations under any such acquisition agreement entered into by the Dillon County Board of Education pursuant to this act shall be subject to annual appropriation by the Dillon County Board of Education.
(E) In the event that any acquisition agreements shall consist of or include financing leases between the Dillon County Board of Education
(F) The Dillon County Board of Education shall make a full record of the proceedings connected with each acquisition agreement authorized hereunder, and a copy of the record of such proceedings shall be filed and indexed in the office of the Clerk of Court for Dillon County in the same manner and book as is used for such filing and indexing pursuant Section 11-15-10 of the South Carolina Code. No action shall be commenced on account of the entry by the Dillon County Board of Education into such an acquisition agreement after the expiration of twenty days from the date of such filing and indexing.
SECTION 3. (A) As used in this section:
(1) "Board" means the Dillon County Board of Education and each of the boards of trustees of the three school districts in Dillon County, as the case may be.
(2) "County" means Dillon County, South Carolina.
(3) "County auditor" means the Dillon County Auditor.
(4) "County treasurer" means the Dillon County Treasurer.
(5) "Department" means the South Carolina Department of Revenue.
(B) Subject to the requirements of this section and notwithstanding the limitations provided in Section 4-10-310 of the 1976 Code, the board by resolution may impose a sales and use tax not exceeding two percent within the county for a specified period of time to collect revenues to pay the principal of, interest on, and redemption premium, if any, payable pursuant to an acquisition agreement entered into by the board pursuant to Section 2 of this act.
(C)(1) The board by resolution may vote to impose the tax authorized by this section, but the tax must not be levied unless the voters approve the question presented in a referendum. The board shall determine the date upon which a referendum may be held. The resolution must:
(a) identify the improvements to be financed through the proceeds of the tax and the priority of such improvements; and
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, for which the tax may be imposed.
(2) Upon receipt of the resolution, the election authorities in Dillon County shall conduct a referendum on the question of imposing the optional special sales and use tax in the county, including information that the amount generated will exceed the debt limitation of the school districts. Notice of the election must be provided in the manner provided by the general election law. Expenses of the referendum must be paid by the school districts of the county in proportion to their relative one-hundred-thirty-five-day membership for the 2006-2007 school year.
(3) The question to be voted upon in a referendum must read substantially as follows:
"Must a special sales and use tax in the amount of [specify percent; not exceeding two percent] be imposed in Dillon County for not more than [specify years/quarters] in order to raise revenues which will be applied to payments due pursuant to undertakings of the Dillon County Board of Education, in a principal amount not exceeding [amount; not to exceed $60,000,000], which undertakings would exceed the aggregate amount of the general obligation indebtedness limit of the several school districts in Dillon County by [specify amount] in order to provide funds for the acquisition, construction, renovation, repair, furnishing, and equipping of the following school facilities in Dillon County in the following order of priority: [describe improvements]?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The ballot, in the discretion of the board, may contain a short explanation of the question to be voted upon in a referendum.
(4) Upon receipt of the returns of the referendum, the Dillon County Election Commission shall certify the results and file the certification with the Dillon County Clerk of Court. The certification also must be filed with the department. The certified results of a referendum are not open to question except by a civil action instituted within twenty days of the filing of the certificate with the clerk of court. If a majority of the votes cast is in favor of imposing the tax, then the
(D)(1) If the tax is approved in a referendum, the tax must be imposed beginning on the first day of the month following the termination of the capital-project sales tax imposed in the county as of the effective date of this act pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code or, if later, the first day of the fourth full month following the date of the referendum.
(2) The tax terminates upon the earlier of the:
(a) receipt of revenues sufficient to pay amounts owed pursuant to the aggregate amount of acquisition agreements approved by the referendum;
(b) final day of the maximum time specified for the imposition;
(c) the final day of the first full month following the later of:
(i) the failure by the board to appropriate payments to be made with respect to any acquisition agreement entered into by the board pursuant to this act; and
(ii) at any time that the failure is not subject to cure under the applicable acquisition agreement; or
(d) the payment of the final installment of interest of any acquisition agreement undertaken by the board pursuant to Section 2 of this act.
The board shall notify the department within ten days of the occurrence of an event that causes the termination of the tax pursuant to subitem (D)(2).
(E)(1) The tax levied pursuant to this section must be administered and collected by the department in the same manner that other sales and use taxes are collected. The department may prescribe the amounts that may be added to the sales price because of the tax.
(2) The tax authorized by this section is in addition to all other local sales and use tax and applies to the gross proceeds of the sales in the county which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36, Title 12 of the 1976 Code are exempt
(3) Taxpayers required to remit taxes pursuant to Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.
(4) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(5) A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code who owns or manages rental units in more than one county separately shall report in his sales tax return the total gross proceeds from business done in each county.
(6) The gross proceeds of sales of tangible personal property delivered after the imposition date of the sales and use tax levied pursuant to this section in the county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this section if a verified copy of the contract is filed with the department within six months after the imposition of the sales and use tax.
(7) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this section, regarding services that regularly are billed on a monthly basis, the sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(F)(1) The revenues of the tax collected in the county pursuant to this section must be remitted to the State Treasury and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the department of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer, who shall hold these revenues on behalf of and subject to the appropriation by the board. Upon the termination of the sales and use tax pursuant to subitem (D)(2), all revenues then held or thereafter delivered to the county treasurer and not then payable by the board under an acquisition agreement shall be distributed to the several
(2) The county treasurer, on February 15 of each year, shall determine the amount of proceeds of the sales and use tax held by him. Proceeds of the sales and use tax in excess of the amount required to make payments under all acquisition agreements entered into by the board pursuant to Section 2 of this act, first shall be applied, within the next following eighteen months and taking into account the receipts of the ad valorem tax imposed pursuant to Section 3 of this act, to replenish any reserve fund established in connection with acquisition agreements entered into pursuant to Section 2 of this act, with any remaining amount applied to the prepayment or the defeasance of amounts payable under these acquisition agreements or to defray the cost of capital improvements for the several school districts in Dillon County as directed by the board.
(3) The State Treasurer shall correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year that the misallocation occurred.
(G) The department shall furnish data to the State Treasurer and to the school districts for the purpose of calculating distributions and estimating revenues. The information that must be supplied to the board upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.
SECTION 4. (A) Each Dillon County School District is authorized to issue general obligation bonds of the school district in an aggregate amount not to exceed ten million dollars ($10,000,000) prior to January 1, 2018.
(B) The proceeds of the general obligation bonds of each school district may be used by the district to either:
(1) pay, to the extent not prohibited by general law, a portion of any amounts due under any acquisition agreement of the Dillon County Board of Education under this act as may be allocated to the cost of improvements within each school district pursuant to an agreement between the school district and the Dillon County Board of Education or any similar agreement with the State of South Carolina or any
(2) pay directly the cost of acquiring, constructing, renovating, repairing, furnishing, and equipping school buildings and other facilities relating to the provision of public education in such district and the costs of issuance relating to such bonds.
(C) Any bonds issued by a district shall be within the debt limit applicable to the school district pursuant to Article X, Section 15 of the South Carolina Constitution or the favorable results of a referendum.
(D) Any bonds issued pursuant to this act shall, unless otherwise provided for in this act, be subject to the terms and conditions made applicable to general obligation bonds of school districts pursuant to Chapter 71 of Title 59 of the Code of Laws of South Carolina as amended and supplemented by Chapter 27 of Chapter 11 of the Code of Laws of South Carolina.
SECTION 5. Act No. 197 of 2005 is repealed.
SECTION 6. If any article, subarticle, section, subsection, item, subitem, 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 the chapter, the General Assembly hereby declaring that it would have passed each and every article, subarticle, section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other articles, subarticles, sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator WILLIAMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WILLIAMS, H. 4111 was ordered to receive a third reading on Wednesday, June 6, 2007.
The following were introduced:
S. 814 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LUCILLE O'NEAL FOR HER LOVING COMMITMENT TO HER FAMILY, FAITH, AND COMMUNITY, AND FOR VISITING WILLIAMSBURG COUNTY TO ADDRESS THE KINGSTREE DISTRICT AME CHURCH SCHOOL CONVENTION.
l:\council\bills\nbd\11750ab07.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 815 (Word version) -- Senators Setzler, Courson, Short, Matthews, Rankin, Hayes, Sheheen, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 35, TITLE 59 SO AS TO CREATE A FULL-DAY, FOUR-YEAR-OLD KINDERGARTEN, TO DEFINE CERTAIN TERMS, TO PROVIDE REQUIREMENTS FOR STUDENT ELIGIBILITY AND PRIORITY FOR ADMISSION, TO PROVIDE DUTIES OF THE DEPARTMENT OF EDUCATION AND OTHER STATE AGENCIES, TO PROVIDE FUNDING AND REPORTING REQUIREMENTS, TO PROVIDE THAT ENROLLMENT IS A MATTER OF PARENTAL DISCRETION, TO PROVIDE THAT A FEE OR TUITION MAY NOT BE CHARGED, TO PROVIDE A PARENTING EDUCATION PROGRAM, AMONG OTHER THINGS; AND TO DESIGNATE SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59 AND ENTITLED "FIVE-YEAR-OLD KINDERGARTEN".
l:\council\bills\nbd\11746ab07.doc
Read the first time and referred to the Committee on Education.
S. 816 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT EACH MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM DARLINGTON COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON
Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 817 (Word version) -- Senators Alexander and Ford: A SENATE RESOLUTION CONGRATULATING THE ORDER OF THE EASTERN STAR IN SOUTH CAROLINA ON THEIR ONE HUNDRED YEAR CELEBRATION AND PROCLAIMING JUNE 18, 2007, AS THE ORDER OF THE EASTERN STAR DAY.
l:\s-res\tca\006east.mrh.doc
The Senate Resolution was adopted.
S. 818 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO COMMEND MRS. AUDREY HARTIN OF COLUMBIA FOR HER TWENTY-TWO YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ADMINISTRATIVE ASSISTANT TO RICHLAND COUNTY'S SHERIFF UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
l:\council\bills\rm\1271sd07.doc
The Senate Resolution was adopted.
S. 819 (Word version) -- Senator Anderson: A SENATE RESOLUTION TO RECOGNIZE AND CELEBRATE THE ACCOMPLISHMENTS OF REVEREND TERRY A. KING, PASTOR OF ROCK OF AGES BAPTIST CHURCH IN GREENVILLE COUNTY.
l:\council\bills\dka\3392dw07.doc
The Senate Resolution was adopted.
S. 820 (Word version) -- Senators Knotts, Bryant, Setzler, Ford, Cromer, Peeler, Sheheen, Short, Grooms, Vaughn, Verdin, O'Dell, Moore, Hutto,
Senator KNOTTS spoke on the Bill.
Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Finance.
H. 4164 (Word version) -- Reps. Bowers and Brantley: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE HAMPTON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; TO ABOLISH THE HAMPTON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
Columbia, S.C., May 31, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS
Received as information.
Columbia, S.C., May 31, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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
Received as information.
Columbia, S.C., June 5, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3817 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM AND PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RITCHIE asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator RITCHIE proposed the following amendment (JUD3817.002), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 4-14 in their entirety and inserting:
/ (B) It is unlawful for a person to transport or have in his possession on highways of this State, in a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting copper wire, copper pipe, copper bars, or copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers an amount of copper wire, copper pipe, copper bars, or copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers of an aggregate weight of more than twenty-five pounds, unless the person has in his possession: /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators LAND, McGILL, LEATHERMAN and THOMAS proposed the following amendment (3826-SHORT), which was adopted:
Amend the bill, as and if amended, page 2, after line 7, by adding an appropriately numbered SECTION to read:
SECTION __. Section 9-8-125 of the 1676 Code is amended to read:
"Section 9-8-125. A member of the system who is at least sixty-five two years of age and eligible to receive benefits pursuant to Chapter 9 of this title but for the member's current employment as a judge or solicitor may elect to receive retirement benefits from the Retirement System for members of the General Assembly by written notice to the board."
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators LAND, LEATHERMAN, THOMAS and McGILL proposed the following amendment (GGS\22933HTC07), which was adopted:
Amend the bill, as and if amended, adding the following Sections to be appropriately numbered to read:
/ SECTION ____. Chapter 8, Title 9 of the 1976 Code is amended by adding:
"Section 9-8-67. The normal retirement age for the system established pursuant to this chapter is sixty years."
SECTION ____. Section 9-8-60 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding a new subsection (7) to read:
"(7)(A) A member who has attained the age of sixty years and is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may
(B) A member who has not yet reached the age of sixty years, but who is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and continue to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. While a member continues to serve as judge, solicitor, or circuit public defender pursuant to this subsection, the member's normal monthly retirement benefit will be deferred and placed in the system's trust fund on behalf of the member. Upon reaching the age of sixty years, the balance of the member's deferred retirement benefit will be distributed to the member. No interest will be paid on the member's deferred monthly retirement benefit placed in the system's trust fund. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.
(C) For a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to subsection (7)(B) the additional benefit provided for in subsection (6) will be deferred and placed in the system's trust fund until the member reaches the age of sixty years. Upon reaching the age of sixty years, the additional benefit will be distributed, plus interest, to the member.
(D) For all purposes other than employment, a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to either subsection (7)(A) or (7)(B) is a retired member of the system."
SECTION ____. Section 9-8-125 is amended to read:
"Section 9-8-125. A member of the system who is at least sixty-five two years of age and eligible to receive benefits pursuant to Chapter 9 of this title but for the member's current employment as a judge or solicitor may elect to receive retirement benefits from the Retirement System for members of the General Assembly by written notice to the board." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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,
Senator KNOTTS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
There was no objection.
Senator KNOTTS proposed the following amendment (AGM\18890MM7), which was adopted:
Amend the bill, as and if amended, Section 23-3-540(P) as found in SECTION 19, pages 9 and 10, by deleting the subsection (P) in its entirety and inserting:
/ "(P) As used in this section, 'active electronic monitoring device' means a mechanism an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and identifies records a person's location at least once every minute twenty-four hours a day and that timely records and reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. In areas of the State where cellular coverage requires the use of an alternate device, the Department of Probation, Parole and Pardon Services may use an alternate device." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 642 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE
S. 652 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE, OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, OR WHO ARE LEGALLY BLIND, SO AS TO ALLOW THE APPLICATION FOR THE EXEMPTION TO BE MADE BY MAIL OR BY INTERNET AND PROVIDE THE CIRCUMSTANCES WHEN MAIL OR INTERNET APPLICATIONS MAY BE PROCESSED.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
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.
On motion of Senator THOMAS, with unanimous consent, the amendment proposed by Senator THOMAS was carried over to third reading.
On motion of Senator GROOMS, with unanimous consent, the amendment proposed by Senator GROOMS was carried over to third reading.
H. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J.R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A TAXPAYER EMPLOYING AN APPRENTICE IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators LEVENTIS and HAYES proposed the following amendment (3476.PPL), which was adopted:
Amend the committee report, as and if amended, page 4, lines 25-31, by deleting Section 59-25-360 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Education proposed the following amendment (NBD\11626AC07), which was adopted:
Amend the bill, as and if amended, by deleting all after the title and before the enacting words.
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 FAIR, with unanimous consent, H. 3476 was ordered to receive a third reading on Wednesday, June 6, 2007.
H. 3358 (Word version) -- Reps. Kirsh and Cotty: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HAYES proposed the following Amendment No. 1 (3358R001.RWH), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (3481R001.WGR), which was adopted:
Amend the bill, as and if amended, on page 1, by striking line 36 and inserting:
/ or supervision of a person holding certification in NICET Level III, /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
Senator SETZLER proposed the following Amendment No. 1 (JUD3481.004), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting the following:
/ SECTION 1. Section 40-10-230(4) of the 1976 Code, as added by Act 177 of 2005, is amended to read:
"(4) persons engaged in emergency repair work of fire sprinkler systems on their own property or that of their full-time employer or persons engaged in the repair, maintenance, testing, or inspection of a fire sprinkler system, water spray system, or water foam system, who are employed by a public institution of the State, as defined in Section 59-103-5, to repair, maintain, test, or inspect fire sprinkler systems, water spray systems, or water foam systems on property owned by the public institution, provided that such work shall be conducted by persons under the direct control or supervision of a person holding certification in NICET Level III, Inspection and Testing of Water Based Systems; provided that the State Fire Marshal may review inspection and maintenance records upon request; and provided that the public institution shall remain responsible for the actions or omissions of its employees exempted under this subsection;" /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
On motion of Senator RYBERG, with unanimous consent, any remaining amendments would be carried over to third reading.
The Bill was read the second time, passed and ordered to a third reading.
H. 4161 (Word version) -- Reps. Scott, Govan, Hart, J.H. Neal, 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,
S. 812 (Word version) -- Senators Grooms, Campsen, Verdin and Bryant: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 50 TO REQUIRE THAT A RETAILER OF ALL-TERRAIN VEHICLES MUST ATTACH A WARNING TO EACH ALL-TERRAIN VEHICLE SOLD, TO PROVIDE THAT AN OWNER OF AN ALL-TERRAIN VEHICLE MAY NOT KNOWINGLY ALLOW A CHILD UNDER THE AGE OF SIXTEEN TO OPERATE THE ALL-TERRAIN VEHICLE WITHOUT WRITTEN PERMISSION FROM THE CHILD'S PARENT OR LEGAL GUARDIAN, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
Senator HUTTO objected to further consideration of the Bill.
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. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
The Bill was returned from the House with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senators CAMPSEN, GREGORY and McGILL proposed the following amendment (489R001.GEC), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 2 by striking lines 18 through 20 and inserting:
/ (F) It is unlawful for a person to take or possess more than twenty flounder (Paralichthys species) taken by means of gig, spear,
Amend the bill further, as and if amended, SECTION 3, page 3, by striking line 7 and inserting:
/ twenty-four twenty-three inches in total length; or /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-4075, SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY, AND BY ADDING SECTION 61-6-4085, SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE
The House returned the Bill with amendments.
Senators HUTTO and LOURIE proposed the following amendment (JUD0213.012), which was adopted:
Amend the bill, as and if amended, page 22, after line 35, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. 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 if he is a 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. 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
(b) 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;
(c) 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;
(d) 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 an ignition interlock device must be borne by the service provider; and
(e) 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
(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
(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."
B. 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
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."
C. 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."
D. This SECTION takes effect on January 1, 2008, or six months after approval by the Governor, whichever date comes later. /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the amendment.
The amendment was adopted.
Senator LOURIE proposed the following amendment (JUD0213.013), which was adopted:
Amend the bill, as and if amended, page 4, Section 61-4-1930, as contained in SECTION 3, by striking lines 36-38 in their entirety and inserting the following:
/ preponderance of the evidence that the keg was not correctly tagged by the seller pursuant to the requirements of Section 61-4-1920./
Amend the bill further, as and if amended, page 5, Section 61-4-1940, as contained in SECTION 3, by striking lines 4-6 in their entirety and inserting the following:
/ Section 61-4-1940. (A) A person may not purposefully remove, alter, obliterate, or allow to be removed, altered, or obliterated, a keg tag or other information recorded on the tag. /
Amend the bill further, as and if amended, page 7, by striking lines 39-42, and on page 8, by striking lines 1-2, Section 20-7-8925(A), as contained in SECTION 7, and inserting the following:
/ "Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. /
Amend the bill further, as and if amended, page 19, by striking lines 40-43, and on page 20, by striking lines 1-2, Section 61-4-590(B), as contained in SECTION 24, and inserting the following:
/ (B) In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend or revoke a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended." /
Amend the bill further, as and if amended, pages 20-22, by striking SECTION 25 in its entirety.
Amend the bill further, as and if amended, page 22, by striking SECTION 26 in its entirety and inserting the following:
/ SECTION 26. Unless otherwise provided, the provisions of this act takes effect on July 1, 2007, except that the provisions of Article 19, Chapter 4, Title 61 shall become effective ninety days after the approval of the Governor, or on January 1, 2008, whichever is later./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House, as amended.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)
On motion of Senator RITCHIE, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MALLOY was recognized to speak on the Bill.
On motion of Senator RITCHIE, with unanimous consent, debate was interrupted by adjournment, with Senator MALLOY retaining the floor.
On motion of Senators HAYES, PEELER, SHORT and GREGORY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dina Marie DeGiorgio, age 42, beloved daughter of Dr. Tony DiGiorgio, President of Winthrop University.
At 2:07 P.M., on motion of Senator RITCHIE, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 22, 2009 at 2:02 P.M.