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.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist declares,
"Come and see what God has done: he is awesome in his deeds among mortals." (Psalm 66:5)
Let us pray:
Holy Lord, as we reflect upon this State and her people, upon the opportunities and the blessings we experience here in South Carolina, there is much indeed that is so very awesome! And so we give You praise, O God. We are truly such a blessed people. Yet even as those words are spoken, we can't help but reflect upon the needs and challenges which remain. Lord, steel each of these Senators that they might ever serve You with faithfulness and determination, accomplishing great good for the people of this State. Also, dear God, in very special ways be with our friend, Senator Kay Patterson, and restore him to full health. We pray all of this in Your holy name, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 10:16 A.M., Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Cromer Elliott Fair Ford Grooms Hawkins Hayes Hutto
Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell O'Dell Patterson Peeler Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senators COURSON, McGILL and DRUMMOND recorded their presence subsequent to the Call of the Senate.
The following appointments were transmitted by the Honorable Mark Sanford:
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with the term to commence July 1, 2008, and to expire June 30, 2012
City of Myrtle Beach:
Wilson Cain, 206 29th Avenue S., Myrtle Beach, SC 29577
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with the term to commence July 1, 2008, and to expire June 30, 2012
City of Myrtle Beach:
Phillip Stalvey, 3091 Bayhaven Drive, Myrtle Beach, SC 29579
Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Margaret L. Walker, P.O. Box 413, Manning, SC 29102 VICE Johnny Lee Wilson
Initial Appointment, Colleton County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
John Reaves McLeod, 918 Wichman Street, Walterboro, SC 29488 VICE Richard B. Wood
Initial Appointment, Darlington County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Glenn Mondrae Bell, 812 Fourteenth Street, Hartsville, SC 29550 VICE Alston Odom
Initial Appointment, Georgetown County Master-in-Equity, with the term to commence December 31, 2007, and to expire December 31, 2013
Joe M. Crosby, 222 Cannon Street, Georgetown, SC 29490 VICE Benjamin Culbertson
Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Charles F. Crump, 217 Covington Road, Greenville, SC 29617
Initial Appointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
William E. Lynch, 211 Pimlico, Greenville, SC 29607
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Maurice Dewayne Jones, 4525 Canal Street, Loris, SC 29569
Initial Appointment, Horry County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Mark A. Harris, 951 Scenic Drive, Loris, SC 29569 VICE Harry McDowell
Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Rebecca McDuffie Brown, 8 Crossland Lane, Columbia, SC 29223
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.289, H. 3906 by a vote of 68 to 45:
(R289, H3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.289, H. 3906 by a vote of 114 to 0:
(R289, H3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
Very respectfully,
Speaker of the House
Received as information.
(R289, H3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
The veto of the Governor was taken up for immediate consideration.
Senator CLEARY 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
Bryant
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 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.290, H. 4328 by a vote of 66 to 44:
(R290, H4328 (Word version)) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.290, H. 4328 by a vote of 92 to 26:
(R290, H4328 (Word version)) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES,
Received as information.
(R290, H4328 (Word version)) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN spoke on the veto.
Senator CAMPBELL spoke on the veto.
Senator LEVENTIS asked unanimous consent to make a motion to carry over consideration of the veto.
Senator MARTIN objected.
Senator LEVENTIS spoke on the veto.
Senator LEVENTIS moved to carry over the veto.
Senator MARTIN moved to lay the amendment on the table.
The motion to carry over the veto was laid on the table.
Senator CAMPSEN spoke on the veto.
On motion of Senator HAYES, with unanimous consent, Senators LAND, ALEXANDER and HAYES were granted leave to attend a subcommittee meeting and be granted leave to vote from the balcony.
Senator CAMPSEN argued in favor of sustaining the veto.
At 11:38 A.M., Senator MARTIN assumed the Chair.
Senator CAMPSEN argued in favor of sustaining the veto.
At 11:55 A.M., the PRESIDENT assumed the Chair.
Senator CAMPSEN argued in favor of sustaining the veto.
At 12:18 P.M., Senator McCONNELL asked unanimous consent to make a motion, with Senator CAMPSEN retaining the floor, to recede from business until 1:00 P.M.
There was no objection.
The Senate reassembled at 1:22 P.M. and was called to order by the PRESIDENT.
The Senate resumed consideration of H. 4328, R.290.
Senator CAMPSEN resumed arguing in favor of sustaining the veto.
Senator HAWKINS spoke on the veto.
At 2:00 P.M., with Senator HAWKINS retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business.
At 2:21 P.M., the Senate resumed.
With Senator HAWKINS retaining the floor, Senator McCONNELL, with unanimous consent, addressed the Senate.
Senator McCONNELL asked unanimous consent to make the following motion to:
(a) carry over the veto on H. 4328 until the Senate reconvenes subject to the provisions of S. 838, the Sine Die Resolution;
(b) recall H. 3575 from the Committee on Transportation, amend the Bill and give it a second reading;
(c) H. 3575 would be ordered to receive a third reading on Thursday, June 5, 2008;
(d) upon the return to the Senate of S. 838, the Sine Die Resolution, which would be amended by the House to include consideration of concurrence or nonconcurrence on H. 3575 and consideration of Reports of Committees of (Free) Conference, the Senate would concur in the House amendments to S. 838; and,
(e) that, when the Senate reconvenes subject to the provisions of S. 838, the Sine Die Resolution, debate on the veto on H. 4328 would be limited to a total of thirty minutes and at the conclusion of that time restriction, the Senate would proceed immediately to vote on the veto; and,
(f) that if H. 3575 is vetoed by the Governor and ultimately returned to the Senate for consideration, that debate would also be limited to a total of thirty minutes and at the conclusion of that time restriction, the Senate would proceed immediately to vote on the veto.
Senator SHEHEEN spoke on the motion.
There was no objection and the motion was adopted.
Consideration of the veto by the Governor was carried over until the Senate reconvenes subject to the provisions of S. 838, the Sine Die Resolution.
Senator COURSON introduced Dr. Kelly Hynes of Columbia, S.C., Doctor of the Day.
On motion of Senator McCONNELL, with unanimous consent, Senator HAWKINS was escorted to the podium upon the occasion of his retirement from the Senate.
On behalf of Governor Mark Sanford, Senator McCONNELL presented the Order of the Palmetto to Senator HAWKINS.
At 10:10 A.M., the leave of absence granted to Senator PATTERSON for today was rescinded.
At 11:47 A.M., Senator SCOTT requested a leave of absence beginning at 3:00 P.M. today.
At 5:10 P.M., Senator RITCHIE requested a leave of absence for the balance of the day.
At 5:30 P.M., Senator JACKSON requested a leave of absence for the balance of the day.
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)
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators SHEHEEN, CAMPSEN and LOURIE proposed the following amendment (JUD3575.003), which was adopted:
Amend the bill, as and if amended, striking the bill in its entirety and inserting therein the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23 of Title 1 of the 1976 Code is amended by adding:
"Section 1-23-505. As used in this article:
(1) 'Administrative law judge' means a judge of the South Carolina Administrative Law Court created pursuant to Section 1-23-500.
(2) 'Agency' means a state agency, department, board, or commission whose action is the subject of a contested case hearing or an appellate proceeding heard by an administrative law judge, or a public hearing on a proposed regulation presided over by an administrative law judge.
(3) 'Contested case' means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law or by Article I, Section 22, Constitution of the State of South Carolina, 1895, to be determined by an agency or the Administrative Law Court after an opportunity for hearing.
(4) 'License' includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.
(5) 'Party' means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
(6) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency."
SECTION 2. Article 5, Chapter 23 of Title 1 of the 1976 Code is amended by adding:
"Section 1-23-535. The Administrative Law Court shall have a seal with a suitable inscription, an impression of which must be filed with the Secretary of State."
SECTION 3. Section 1-23-310(1) and (2) of the 1976 Code is amended to read:
"(1) 'Administrative law judge' means a judge of the South Carolina administrative law judge division Administrative Law Court created pursuant to Section 1-23-500;
(2) 'Agency' means each state board, commission, department, or officer, other than the legislature, or the courts, but to include the administrative law judge division or the Administrative Law Court, authorized by law to determine contested cases;"
SECTION 4. Section 1-23-320 of the 1976 Code is amended to read:
"Section 1-23-320. (a)(A) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be are governed by the provisions of Section 41-35-680.
(b)(B) The notice shall must include a:
(1) a statement of the time, place, and nature of the hearing;
(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) a reference to the particular sections of the statutes and rules involved;
(4) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall must be furnished.
(c)(C) Any A party to such these proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission or de bene esse. Such depositions shall Depositions must be taken in accordance with and subject to the same provisions, conditions, and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification thereof of it, and matters of practice relating thereto shall to it apply.
(d)(D) The agency hearing a contested case may issue subpoenas in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of any other another party to the case.
The administrative law judge division shall, on application of any party to the proceeding enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to punish as for contempt of court, by a fine, or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the agency. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors A party to the proceeding may seek enforcement of or relief from an agency subpoena before the Administrative Law Court pursuant to Section 1-23-600(F).
(e)(E) Opportunity shall must be afforded all parties to respond and present evidence and argument on all issues involved.
(f)(F) Unless precluded by law, informal disposition may be made of any a contested case by stipulation, agreed settlement, consent order, or default.
(g)(G) The record in a contested case shall must include:
(1) all pleadings, motions, intermediate rulings, and depositions;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections, and rulings thereon on the contested case;
(5) proposed findings and exceptions;
(6) any decision, opinion, or report by the officer or administrative law judge presiding at the hearing.
(h)(H) Oral proceedings or any part thereof of the oral proceedings shall must be transcribed on request of any a party.
(i)(I) Findings of fact shall must be based exclusively on the evidence and on matters officially noticed."
SECTION 5. Section 1-23-380 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under pursuant to this article, and Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Except as otherwise provided by law, an appeal is to the court of appeals.
(1) Proceedings for review are instituted by serving and filing notice of appeal as provided in the South Carolina Appellate Court Rules within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision is rendered. Copies of the notice of appeal must be served upon the agency, the Administrative Law Court, and all parties of record.
(2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not itself stay enforcement of the agency decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the
(3) If a timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file the evidence and modifications, new findings, or decisions with the reviewing court.
(4) The review must be conducted by the court and must be confined to the record. In cases of alleged irregularities in procedure before the agency or the Administrative Law Court, not shown in the record, and established by proof satisfactory to the court, the case may be remanded to the agency or the Administrative Law Court for action as the court considers appropriate.
(5) The court may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(B) Review by an administrative law judge of a final decision in a contested case, heard in the appellate jurisdiction of the Administrative Law Court, must be in the same manner prescribed in subsection (A) for judicial review of final agency decisions, with the presiding administrative law judge exercising the same authority as the court of appeals; provided, that a party aggrieved by a final decision of an
SECTION 6. Section 1-23-560 of the 1976 Code is amended to read:
"Section 1-23-560. Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The sole grounds for discipline and sanctions for administrative law judges are those contained in the Code of Judicial Conduct in Rule 502, Rule 7, of the South Carolina Appellate Court Rules. The State Ethics Commission, which is responsible for enforcement and administration of those rules pursuant to shall use the procedure contained in Section 8-13-320. Notwithstanding another provision of law, an administrative law judge and the judge's spouse or guest may accept an invitation to attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, legal system, or the administration of justice."
SECTION 7. Section 1-23-600 of the 1976 Code, as last amended by Act 111 of 2007, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 1-23-505 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those arising under the:
(1) Occupational Safety and Health Act, those matters arising under the;
(2) Consolidated Procurement Code, those matters heard by the;
(3) Public Service Commission, the;
(4) Employment Security Commission, the;
(5) Workers' Compensation Commission,; or
(6) other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court. Unless otherwise provided by statute, the standard of proof in a contested case is by a preponderance of the evidence. The South Carolina Rules of Evidence apply in all contested case proceedings before the Administrative Law Court.
(C)(B) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any A party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case. Notice of the contested case hearing must be issued in accordance with the rules of procedure of the Administrative Law Court.
(C) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by a party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge shall render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.
(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the court of appeals as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750. An administrative law judge shall not hear an appeal from an inmate in the custody of the Department of Corrections
(E) Review by an administrative law judge of a final decision in a contested case, heard in the appellate jurisdiction of the Administrative Law Court, must be in the same manner as prescribed in Section 1-23-380(A) for judicial review of final agency decisions with the presiding administrative law judge exercising the same authority as the court of appeals, provided that a party aggrieved by a final decision of an administrative law judge is entitled to judicial review of the decision by the court of appeals pursuant to the provisions of Section 1-23-610.
(F) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.
(F)(G) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by an agency or by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department or agency of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee Administrative Law Court to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department or agency of the executive branch of government may apply to the chief administrative law judge Administrative Law Court for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(H)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license
(3) The general rule of subsection (G)(H)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any a party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection. Upon motion by any party, the court shall lift the stay for good cause shown or if no irreparable harm will occur, then the stay shall be lifted. A hearing must be held within thirty days after the motion is filed with the court and served upon the parties to lift the automatic stay or for a determination of the applicability of the automatic stay. The judge must issue an order no later than fifteen business days after the hearing is concluded.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, or the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court.
(H)(I) If a petition for judicial review of a final order of the Administrative Law Court is not filed appealed in accordance with the provisions of Section 1-23-600 1-23-610, upon request of a party to the proceedings, the clerk of the Administrative Law Court must shall file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where
SECTION 8. Section 1-23-610 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-610. (A)(1) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources and the Department of Health and Environmental Control, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the court of appeals under the provisions of (A) of this section.
(B) For judicial review of a final decision of an administrative law judge of cases in which review is not governed by subsection (A), including cases involving the Department of Natural Resources and the Department of Health and Environmental Control, a notice of appeal by an aggrieved party must be served and filed with the court of appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party and the Administrative Law Court not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not itself stay enforcement of the administrative law judge's decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. Upon motion, the administrative law judge may grant, or the court of appeals may order, a stay upon appropriate terms.
(C)(B) The review of the administrative law judge's order must be confined to the record. The court may not substitute its judgment for the judgment of the administrative law judge as to the weight of the evidence on questions of fact. The reviewing tribunal court of appeals may affirm the decision or remand the case for further proceedings; or
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, these appropriations or monies must continue to be used for these purposes after the effective date of this article."
SECTION 9. Section 1-23-640 of the 1976 Code is amended to read:
"Section 1-23-640. The division court shall maintain its principal offices in the City of Columbia. However, judges of the division court shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's court's offices, or at a suitable locations location outside the City of Columbia as when determined by the chief judge."
SECTION 10. This act takes effect upon approval by the Governor. /
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 McCONNELL, with unanimous consent, H. 3575 was ordered to receive a third reading on Thursday, June 5, 2008.
S. 1419 (Word version) -- Senators McConnell, Patterson, McGill and Malloy: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING
Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Operations and Management Committee.
There was no objection and the Resolution was recalled.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
On motion of Senator McCONNELL, with unanimous consent, the Resolution was adopted.
The following were introduced:
S. 1449 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. ANNE S. MCNUTT, OF BEAUFORT COUNTY, FOR TWENTY-ONE YEARS OF SERVICE AS PRESIDENT OF THE TECHNICAL COLLEGE OF THE LOWCOUNTRY AND, UPON THE OCCASION OF HER RETIREMENT, TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
l:\council\bills\gm\24313mm08.doc
The Senate Resolution was adopted.
S. 1450 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. HENRY PARKS MOSS, JR., MAYOR OF RIDGELAND, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\rm\1515cm08.doc
The Senate Resolution was adopted.
S. 1451 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ALEX KIRIAKIDES, JR. FOR HIS LIFETIME OF SERVICE AND DEVOTION TO HIS BUSINESS, FAMILY, AND COUNTRY.
l:\council\bills\gm\24317sd08.doc
The Senate Resolution was adopted.
H. 5232 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE CSX RAILROAD TRACKS IN SPARTANBURG COUNTY ALONG SOUTH CAROLINA HIGHWAY 215 THE "M. D. PUTNAM BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. D. PUTNAM BRIDGE".
On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.
H. 5255 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND HARRY ERNEST LAWHON, JR., OF KERSHAW COUNTY, FOR HIS MANY YEARS OF DEDICATED SERVICE AS A PASTOR AND FOR HIS COMMITTED COMMUNITY SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5259 (Word version) -- Reps. Pinson, Whipper, Hagood, Stavrinakis, Scarborough, Harrell, Young, Breeland, Limehouse, Mack, Miller, Hutson, R. Brown, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, Cato, Chalk,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5270 (Word version) -- Reps. F. N. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, Georgetown County Master-in-Equity, with the term to commence December 31, 2007, and to expire December 31, 2013
Joe M. Crosby, 222 Cannon Street, Georgetown, SC 29490 VICE Benjamin Culbertson
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.295, H. 4876 by a vote of 108 to 7:
(R295, H4876 (Word version)) -- Reps. Cooper and Cotty: AN ACT TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT
Received as information.
(R295, H4876 (Word version)) -- Reps. Cooper and Cotty: AN ACT TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator RYBERG spoke on the veto.
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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts * Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill
O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie * Ryberg Scott * Setzler Sheheen Short Thomas Vaughn * Verdin Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1171 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3323 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A TRANSACTION FEE FOR THE TRANSMISSION OR RETRIEVAL OF DATA FROM THE DEPARTMENT PURSUANT TO THIS SECTION, SO AS TO PROVIDE THAT IF THERE ARE ONE OR MORE LIENS OR ENCUMBRANCES ON A MOTOR VEHICLE OR MOBILE HOME, THE DEPARTMENT MAY ELECTRONICALLY TRANSMIT THE LIEN TO THE FIRST LIENHOLDER AND NOTIFY THE FIRST LIENHOLDER OF ANY ADDITIONAL LIENS, AND LIEN SATISFACTIONS, TO PROVIDE WHEN ELECTRONIC TRANSMISSION OF LIENS AND LIEN SATISFACTIONS IS USED, A CERTIFICATE OF TITLE MAY BE ISSUED WHEN THE LAST LIEN IS SATISFIED AND A CLEAR CERTIFICATE IS ISSUED, TO PROVIDE THAT WHEN A MOTOR VEHICLE OR MOBILE HOME IS SUBJECT TO AN ELECTRONIC LIEN, ITS CERTIFICATE OF TITLE IS PHYSICALLY HELD BY THE LIENHOLDER, TO PROVIDE THAT A CERTIFIED COPY OF AN ELECTRONIC RECORD OF A LIEN IS ADMISSIBLE IN COURT AS EVIDENCE OF THE EXISTENCE OF A LIEN, AND TO PROVIDE THAT A TRANSACTION FEE MAY BE COLLECTED BY COMMERCIAL PARTIES AND LENDERS WHO TRANSMIT OR RETRIEVE DATA PURSUANT TO THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F.N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J.R. Smith, Stavrinakis, Toole, Whipper and Weeks: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.
and has ordered the Bill enrolled for Ratification.
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4470 (Word version) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR THE PURCHASE, INSTALLATION, OR IMPROVEMENT OF A FIRE SPRINKLER SYSTEM AND TO PROVIDE THE ADMINISTRATION OF THE CREDIT; TO AMEND SECTION 5-31-670, RELATING TO MUNICIPAL AND SPECIAL SERVICE DISTRICT WATER SYSTEMS, SO AS TO LIMIT CHARGES FOR SEPARATE LINES FOR FIRE SPRINKLER SYSTEMS TO ACTUAL COSTS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS FOR THE FIRST FIFTY THOUSAND DOLLARS OF THE COST OF ADDING TO AND UPGRADES OF FIRE SPRINKLER SYSTEMS IN MANUFACTURING ESTABLISHMENTS IN EXISTENCE BEFORE JULY 1, 2008; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO DEPRECIATION ALLOWED IN THE VALUATION OF MANUFACTURING PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A TWENTY PERCENT ANNUAL DEPRECIATION FOR THE ADDITION OR UPGRADE OF A FIRE SPRINKLER SYSTEM INSTALLED OR UPGRADED IN A MANUFACTURING ESTABLISHMENT IN EXISTENCE BEFORE JULY 1, 2008, AND TO ALLOW THIS COST TO BE COMPLETELY DEPRECIATED; AND TO AMEND SECTION 23-9-40, RELATING TO THE DUTIES
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5090 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER 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 PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: A
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW,
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Senate having receded from its amendments on the following Bill and the Bill having been read three times in both houses, it was ordered to be enrolled for ratification.
H. 4334 (Word version) -- Reps. J.M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: 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
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1141 (Word version) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1143 (Word version) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS OF SALES OR THE SALES PRICE OF ENERGY EFFICIENT APPLIANCES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3880 (Word version) -- Reps. W.D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E.H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640,
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5012 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 60 to 44:
(R293, H4800) -- Ways and Means Committee:
Veto 1 Part 1A, Section 1; Page 12; Department of Education, Section XIII. Aid to School Districts; C. Special Allocations, YMCA - Youth in Government; $18,445.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto by the Governor was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 83 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 1 Part 1A, Section 1; Page 12; Department of Education, Section XIII. Aid to School Districts; C. Special Allocations, YMCA - Youth in Government; $18,445.
Very respectfully,
Speaker of the House
Received as information.
Veto 1 Part 1A, Section 1; Page 12; Department of Education, Section XIII. Aid to School Districts; C. Special Allocations, YMCA - Youth in Government; $18,445.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator MARTIN spoke on the veto.
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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford * Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short * Thomas Verdin Williams
Bryant Campsen Fair Gregory Grooms Hawkins Massey Ritchie Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 60 to 49:
(R293, H4800) -- Ways and Means Committee:
Veto 2 Part IA; Section 7; Page 30; Higher Education Tuition and Grants Commission; I. Administration; Special Items; SC Student Legislature; $25,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto by the Governor was sustained and has sustained the veto by the Governor on R.293, H. 4800 by a vote of 66 to 54:
(R293, H4800) -- Ways and Means Committee:
Veto 2 Part IA; Section 7; Page 30; Higher Education Tuition and Grants Commission; I. Administration; Special Items; SC Student Legislature; $25,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 51 to 59:
(R293, H4800) -- Ways and Means Committee:
Veto 3 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Hospitality, Tourism, and Management Program; $545,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto by the Governor was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 97 to 22:
(R293, H4800) -- Ways and Means Committee:
Veto 3 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Hospitality, Tourism, and Management Program; $545,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 3 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Hospitality, Tourism, and Management Program; $545,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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?"
Ayes 36; Nays 8
AYES
Alexander Anderson Campbell Campsen Ceips Courson Cromer Drummond Elliott Ford * Grooms Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott * Setzler Sheheen Short * Thomas Williams
Bryant Cleary Fair Gregory Massey Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 86 to 32:
(R293, H4800) -- Ways and Means Committee:
Veto 4 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Business - Economic Partnership Initiative; $1,204,314.
Very respectfully,
Speaker of the House
Received as information.
Veto 4 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Business - Economic Partnership Initiative; $1,204,314.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Courson Cromer Drummond Elliott Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin McConnell McGill O'Dell Patterson Peeler Rankin Reese Thomas Williams
Bryant Campsen Ceips Cleary Fair Gregory Massey Ritchie Ryberg Setzler Sheheen
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 87 to 33:
(R293, H4800) -- Ways and Means Committee:
Veto 5 Part IA; Section 10; Page 38; University of Charleston; Education & General; Special Items; Effective Teaching & Learning; $901,800.
Very respectfully,
Speaker of the House
Received as information.
Veto 5 Part IA; Section 10; Page 38; University of Charleston; Education & General; Special Items; Effective Teaching & Learning; $901,800.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Courson Cromer Drummond Elliott Grooms Hawkins Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy McConnell McGill O'Dell Patterson Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campsen Ceips Cleary Fair Gregory Knotts Martin Massey
Peeler Ritchie Ryberg Verdin
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 84 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 6 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Global Trade & Resource Center; $350,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 6 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Global Trade & Resource Center; $350,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cromer Drummond Elliott Grooms Hutto Jackson Land Leatherman Leventis Lourie Malloy Matthews * McConnell McGill O'Dell Patterson Pinckney Rankin Reese Sheheen Thomas Williams
Bryant Campsen Ceips Cleary Courson Fair Gregory Hawkins Hayes Knotts Martin Massey Peeler Ritchie Ryberg Setzler Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
(R293, H4800) -- Ways and Means Committee:
Veto 6 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Global Trade & Resource Center; $350,000.
Having voted on the prevailing side, Senator COURSON moved to reconsider the vote whereby Veto 6 was sustained.
There was no objection and the motion to reconsider was adopted.
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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford * Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Sheheen Thomas Verdin Williams
Bryant Hawkins Massey Ritchie Ryberg Setzler
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 92 to 25:
(R293, H4800) -- Ways and Means Committee:
Veto 7 Part IA; Section 12; Page 44; Francis Marion University; I. Education and General; A. Unrestricted; Special Items; Rural Assistance Initiative; $600,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 7 Part IA; Section 12; Page 44; Francis Marion University; I. Education and General; A. Unrestricted; Special Items; Rural Assistance Initiative; $600,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell
Ceips Cleary Courson Cromer Drummond Elliott Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campsen Fair Gregory Grooms Ritchie Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 48 to 69:
(R293, H4800) -- Ways and Means Committee:
Veto 8 Part IA; Section 12; Page 44; Francis Marion University; I. Education & General; A. Unrestricted; Special Items; Omega Project; $75,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 81 to 38:
(R293, H4800) -- Ways and Means Committee:
Veto 9 Part IA; Section 15F; Page 61; USC - Salkehatchie Campus; Education & General; Unrestricted; Salkehatchie Leadership Center; $100,460.
Very respectfully,
Speaker of the House
Received as information.
Veto 9 Part IA; Section 15F; Page 61; USC - Salkehatchie Campus; Education & General; Unrestricted; Salkehatchie Leadership Center; $100,460.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator HUTTO spoke on the veto.
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 Campbell Cleary Courson Cromer Elliott Grooms Hawkins Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campsen Ceips Fair Gregory Knotts Massey Peeler Ritchie Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 115 to 4:
(R293, H4800) -- Ways and Means Committee:
Very respectfully,
Speaker of the House
Received as information.
Veto 10 Part IA; Section 21; Page 85; Department of Health and Human Services; II. Programs and Services; A. Health Services; 3. Medical Assistance Payment; Z. Children's Health Insurance Program; $21,279,557.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford * Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney
Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Fair Gregory Ritchie Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 114 to 0:
(R293, H4800) -- Ways and Means Committee:
Veto 11 Part 1B; Section 21.32; Pages 359-360; Department of Health and Human Services; State Children's Health Insurance Program.
Very respectfully,
Speaker of the House
Received as information.
Veto 11 Part 1B; Section 21.32; Pages 359-360; Department of Health and Human Services; State Children's Health Insurance Program.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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?"
AYES
Alexander Anderson Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford * Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Sheheen Thomas Verdin Williams
Bryant Campsen Hawkins Ritchie Ryberg Setzler
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 64 to 53:
(R293, H4800) -- Ways and Means Committee:
Veto 12 Part IA; Section 30; Page 129; Art Commission; II. Statewide Arts Services; Special Items; McClellanville Arts Council; $12,500.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 72 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 12 Part IA; Section 30; Page 129; Art Commission; II. Statewide Arts Services; Special Items; McClellanville Arts Council; $12,500.
Very respectfully,
Speaker of the House
Received as information.
Veto 12 Part IA; Section 30; Page 129; Art Commission; II. Statewide Arts Services; Special Items; McClellanville Arts Council; $12,500.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Drummond Elliott Fair Ford * Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Pinckney Rankin Reese Ritchie Scott Sheheen Short Thomas Vaughn Williams
Bryant Campsen Cromer Grooms Massey Peeler Ryberg Setzler Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 110 to 0:
(R293, H4800) -- Ways and Means Committee:
Veto 13 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; DUI Defense of Indigents; $1,000,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 13 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; DUI Defense of Indigents; $1,000,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Ford * Grooms Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Fair Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 116 to 0:
(R293, H4800) -- Ways and Means Committee:
Veto 14 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; Criminal Domestic Violence; $1,320,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 14 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; Criminal Domestic Violence; $1,320,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Ford * Grooms Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney
Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Fair Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 71 to 48:
(R293, H4800) -- Ways and Means Committee:
Veto 15 Part IA; Section 49; Page 187; Department of Public Safety; II. Programs and Services; D. Bureau of Protective Services; Special Item; Hunley Security; $257,317.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 95 to 18:
(R293, H4800) -- Ways and Means Committee:
Veto 15 Part IA; Section 49; Page 187; Department of Public Safety; II. Programs and Services; D. Bureau of Protective Services; Special Item; Hunley Security; $257,317.
Very respectfully,
Speaker of the House
Received as information.
Veto 15 Part IA; Section 49; Page 187; Department of Public Safety; II. Programs and Services; D. Bureau of Protective Services; Special Item; Hunley Security; $257,317.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair
Ford * Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 83 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 16 Part IA; Section 73; Page 256; Lieutenant Governor's Office; II. Office on Aging; Special Item; Silver Haired Legislature; $15,000.
Received as information.
Veto 16 Part IA; Section 73; Page 256; Lieutenant Governor's Office; II. Office on Aging; Special Item; Silver Haired Legislature; $15,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Courson Cromer Drummond Elliott Ford * Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Setzler Sheheen Short Thomas Williams
Bryant Campsen Cleary Fair Gregory Grooms
Massey Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 103 to 9:
(R293, H4800) -- Ways and Means Committee:
Veto 17 Part IA; Section 78; Page 266; Adjutant General's Office; X. State Guard; Other Operating Expenses; $97,768.
Very respectfully,
Speaker of the House
Received as information.
Veto 17 Part IA; Section 78; Page 266; Adjutant General's Office; X. State Guard; Other Operating Expenses; $97,768.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senators LEVENTIS and KNOTTS spoke on the veto.
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 Campbell Ceips Courson Cromer Drummond Elliott Fair Ford * Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Sheheen Short Thomas Verdin
Campsen Cleary Ritchie Setzler
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 35 to 80:
(R293, H4800) -- Ways and Means Committee:
Veto 18 Part IA; Section 80A; Page 271; Budget and Control Board; II. Operations and Executive Training; C. Executive Institute; Total Executive Institute, $269,357.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has sustained the veto by the Governor on R.293, H. 4800 by a vote of 71 to 43:
(R293, H4800) -- Ways and Means Committee:
Veto 18 Part IA; Section 80A; Page 271; Budget and Control Board; II. Operations and Executive Training; C. Executive Institute; Total Executive Institute, $269,357.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 13 to 104:
(R293, H4800) -- Ways and Means Committee:
Veto 19 Part 1B; Section 6.29; Page 349; Commission on Higher Education; In-State Tuition.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 113 to 1:
(R293, H4800) -- Ways and Means Committee:
Veto 20 Part 1B; Section 19.4; Pages 352-353; Paragraphs 1 and 2; Educational Television Commission; ETV: SC Educational Broadband Service Commission/Broadband License.
Very respectfully,
Speaker of the House
Received as information.
Veto 20 Part 1B; Section 19.4; Pages 352-353; Paragraphs 1 and 2; Educational Television Commission; ETV: SC Educational Broadband Service Commission/Broadband License.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Ceips Cromer Drummond Elliott Fair Ford * Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campbell Campsen Cleary Courson Gregory Grooms Massey Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 105 to 6:
(R293, H4800) -- Ways and Means Committee:
Veto 21 Part 1B; Section 21.12; Page 356; Department of Health and Human Services; DHHS: Chiropractic Services.
Very respectfully,
Speaker of the House
Received as information.
Veto 21 Part 1B; Section 21.12; Page 356; Department of Health and Human Services; DHHS: Chiropractic Services.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford * Hawkins Hayes Hutto Jackson * Knotts Land * Leatherman Leventis
Lourie Malloy Martin Matthews * McGill O'Dell Patterson Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Gregory Grooms Massey McConnell Peeler Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 111 to 7:
(R293, H4800) -- Ways and Means Committee:
Veto 22 Part 1B; Section 21.26; Page 358; Department of Health and Human Services; Prior Authorization Exemptions.
Very respectfully,
Speaker of the House
Received as information.
Veto 22 Part 1B; Section 21.26; Page 358; Department of Health and Human Services; Prior Authorization Exemptions.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator HAYES spoke on the veto.
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 Campbell Ceips Courson Drummond Elliott Ford * Hawkins Hayes Hutto Jackson * Knotts Land * Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Cleary Cromer Fair Gregory Grooms Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 114 to 4:
(R293, H4800) -- Ways and Means Committee:
Veto 23 Part 1B; Section 21.35; Page 360; Health and Human Services; Long Term Care Facility Reimbursement Rates.
Very respectfully,
Speaker of the House
Received as information.
Veto 23 Part 1B; Section 21.35; Page 360; Health and Human Services; Long Term Care Facility Reimbursement Rates.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Bryant Campbell Ceips Courson Cromer Drummond Elliott Fair Ford * Hawkins Hayes Hutto Jackson * Knotts Land * Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Campsen Cleary Gregory Grooms Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 109 to 5:
(R293, H4800) -- Ways and Means Committee:
Veto 24 Part 1B; Section 21.36; Page 360; Department of Health and Human Services; Carry Forward Funds-Health Initiatives, $1,283,695.
Very respectfully,
Speaker of the House
Received as information.
Veto 24 Part 1B; Section 21.36; Page 360; Department of Health and Human Services; Carry Forward Funds-Health Initiatives, $1,283,695.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator ALEXANDER spoke on the veto.
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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McGill O'Dell Patterson
Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Campsen Fair Gregory Massey McConnell Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 112 to 2:
(R293, H4800) -- Ways and Means Committee:
Veto 25 Part IB; Section 21.36; Page 360; Medical University of South Carolina, Rural Dentist Program, $250,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 25 Part IB; Section 21.36; Page 360; Medical University of South Carolina, Rural Dentist Program, $250,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Fair Gregory Ryberg
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 82 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 26 Part 1B; Section 21.38; Page 360; Department of Health and Human Services; DHHS: Monthly Reporting Requirement.
Very respectfully,
Speaker of the House
Received as information.
Veto 26 Part 1B; Section 21.38; Page 360; Department of Health and Human Services; DHHS: Monthly Reporting Requirement.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Drummond Ford Hutto Jackson Land Leventis Matthews * McGill O'Dell Patterson Peeler Pinckney Reese Short Thomas Williams
Bryant Campbell Campsen Ceips Cleary Courson Cromer Elliott Fair Gregory Grooms Hayes Knotts Leatherman Lourie Malloy Martin Massey McConnell Rankin Ryberg Setzler Sheheen Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 83 to 36:
(R293, H4800) -- Ways and Means Committee:
Veto 27 Part 1B; Section 21.39; Page 361; Health and Human Services; Upper Payment Limit for Non-State Owned Public Nursing Facilities.
Very respectfully,
Speaker of the House
Received as information.
Veto 27 Part 1B; Section 21.39; Page 361; Health and Human Services; Upper Payment Limit for Non-State Owned Public Nursing Facilities.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Cromer Drummond Elliott Fair Ford Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Massey Matthews * McConnell McGill O'Dell Patterson Peeler Rankin Reese Ryberg
Setzler Sheheen Short Thomas Verdin Williams
Campsen Courson Gregory Grooms Martin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 14 to 97:
(R293, H4800) -- Ways and Means Committee:
Veto 28 Part 1B; Section 21.40; Page 361; Health and Human Services; Nursing Services to High Risk/ High Tech Children.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 110 to 0:
(R293, H4800) -- Ways and Means Committee:
Veto 28 Part 1B; Section 21.40; Page 361; Health and Human Services; Nursing Services to High Risk/ High Tech Children.
Very respectfully,
Speaker of the House
Received as information.
Veto 28 Part 1B; Section 21.40; Page 361; Health and Human Services; Nursing Services to High Risk/ High Tech Children.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford
Hawkins Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Massey Matthews * McConnell McGill O'Dell Patterson Peeler Rankin Reese Ryberg Setzler Sheheen Short Thomas Verdin Williams
Campsen Gregory Grooms Martin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 30 to 83:
(R293, H4800) -- Ways and Means Committee:
Veto 29 Part 1B; Section 26.18; Page 375; Department of Social Services; C.R. Neal Learning Center.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has sustained the veto by the Governor on R.293, H. 4800 by a vote of 74 to 41:
(R293, H4800) -- Ways and Means Committee:
Veto 29 Part 1B; Section 26.18; Page 375; Department of Social Services; C.R. Neal Learning Center.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 101 to 3:
(R293, H4800) -- Ways and Means Committee:
Veto 30 Part 1B; Section 26.28; Page 377; Department of Social Services; Teen Pregnancy Prevention; $1,200,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 30 Part 1B; Section 26.28; Page 377; Department of Social Services; Teen Pregnancy Prevention; $1,200,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
NAYS
Total--0
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 103 to 11:
(R293, H4800) -- Ways and Means Committee:
Veto 31 Part 1B; Section 37.1; Pages 382-383; Department of Natural Resources; County Funds.
Very respectfully,
Speaker of the House
Received as information.
Veto 31 Part 1B; Section 37.1; Pages 382-383; Department of Natural Resources; County Funds.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson
Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Massey McConnell Ryberg
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 93 to 15:
(R293, H4800) -- Ways and Means Committee:
Veto 32 Part 1B; Section 37.2; Page 383; Department of Natural Resources; DNR: County Game Funds/Equipment Purchase.
Very respectfully,
Speaker of the House
Received as information.
Veto 32 Part 1B; Section 37.2; Page 383; Department of Natural Resources; DNR: County Game Funds/Equipment Purchase.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Massey McConnell Ryberg
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 66 to 54:
(R293, H4800) -- Ways and Means Committee:
Veto 33 Part 1B; Section 39.5; Page 385-386; Department of Parks, Recreation, and Tourism; Litter Control.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 60 to 54:
(R293, H4800) -- Ways and Means Committee:
Veto 34 Part 1B; Section 39.7; Page 386; Department of Parks, Recreation, and Tourism; State Park Privatization Approval.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 90 to 27:
(R293, H4800) -- Ways and Means Committee:
Veto 34 Part 1B; Section 39.7; Page 386; Department of Parks, Recreation, and Tourism; State Park Privatization Approval.
Very respectfully,
Speaker of the House
Received as information.
Veto 34 Part 1B; Section 39.7; Page 386; Department of Parks, Recreation, and Tourism; State Park Privatization Approval.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator SHEHEEN spoke on the veto.
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 Ceips Cleary Cromer Drummond Elliott Ford Hawkins
Hutto Jackson Land Leatherman Leventis Lourie Malloy Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campbell Campsen Courson Fair Gregory Grooms Hayes Knotts Martin Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 108 to 10:
(R293, H4800) -- Ways and Means Committee:
Veto 35 Part 1B; Section 39.15; Page 387; Parks, Recreation and Tourism; Regional Tourism.
Received as information.
Veto 35 Part 1B; Section 39.15; Page 387; Parks, Recreation and Tourism; Regional Tourism.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Ryberg
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 108 to 12:
(R293, H4800) -- Ways and Means Committee:
Veto 36 Part 1B; Section 40.20; Page 390; Department of Commerce; Funding for I-73 & I-74.
Very respectfully,
Speaker of the House
Received as information.
Veto 36 Part 1B; Section 40.20; Page 390; Department of Commerce; Funding for I-73 & I-74.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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:
Anderson Campbell Ceips Cleary Cromer Drummond Elliott Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Alexander Bryant Campsen Courson Fair Grooms Martin Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 78 to 43:
(R293, H4800) -- Ways and Means Committee:
Veto 37 Part 1B, Section 40.29; Pages 390-391; Department of Commerce; County Industrial Utility Infrastructure Grant Program; $1,500,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 95 to 16:
(R293, H4800) -- Ways and Means Committee:
Veto 38 Part 1B; Section 40.35; Pages 391-392; Department of Commerce; Economic Development Organizations.
Very respectfully,
Speaker of the House
Received as information.
Veto 38 Part 1B; Section 40.35; Pages 391-392; Department of Commerce; Economic Development Organizations.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator McGILL spoke on the veto.
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 Ceips Cleary Cromer Drummond Elliott Ford Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Williams
Bryant Campsen Courson Fair Grooms Ryberg Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 96 to 8:
(R293, H4800) -- Ways and Means Committee:
Veto 39 Part 1B; Section 40.41; Page 392; Department of Commerce; Repayment of Energy Loan.
Very respectfully,
Speaker of the House
Received as information.
Veto 39 Part 1B; Section 40.41; Page 392; Department of Commerce; Repayment of Energy Loan.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Cromer Drummond Elliott Fair Ford Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis
Lourie Malloy Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Sheheen Short Thomas Verdin Williams
Bryant Campsen Courson Gregory Grooms Martin Massey Ryberg Setzler
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 113 to 4:
(R293, H4800) -- Ways and Means Committee:
Veto 40 Part 1B; Section 51.32; Pages 410-411; Department of Corrections; Quota Elimination.
Very respectfully,
Speaker of the House
Received as information.
Veto 40 Part 1B; Section 51.32; Pages 410-411; Department of Corrections; Quota Elimination.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 94 to 24:
(R293, H4800) -- Ways and Means Committee:
Veto 41 Part 1B; Section 65.10; Page 420; Labor, Licensing and Regulation; Wind and Structural Engineering Research Lab, $100,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 41 Part 1B; Section 65.10; Page 420; Labor, Licensing and Regulation; Wind and Structural Engineering Research Lab, $100,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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 6:32 P.M., the PRESIDENT assumed the Chair.
Senator KNOTTS rose for an Expression of Personal Interest.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 82 to 37:
(R293, H4800) -- Ways and Means Committee:
Veto 42 Part 1B; Section 76.15; Page 438; State Treasurer's Office; Printing Wage Statements.
Very respectfully,
Speaker of the House
Received as information.
Veto 42 Part 1B; Section 76.15; Page 438; State Treasurer's Office; Printing Wage Statements.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson
Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Short Thomas Vaughn Verdin Williams
Bryant Sheheen
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 3 to 109:
(R293, H4800) -- Ways and Means Committee:
Veto 43 Part 1B; Section 80A.6; Page 442; Budget and Control Board; Real Property - Sale/Leaseback/Repurchase Revenue Account.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 34 to 85:
(R293, H4800) -- Ways and Means Committee:
Veto 44 Part 1B; Section 80A.9; Page 443; Budget and Control Board; Compensation - Agency Head Salary.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 84 to 24:
(R293, H4800) -- Ways and Means Committee:
Veto 44 Part 1B; Section 80A.9; Page 443; Budget and Control Board; Compensation - Agency Head Salary.
Very respectfully,
Speaker of the House
Received as information.
Veto 44 Part 1B; Section 80A.9; Page 443; Budget and Control Board; Compensation - Agency Head Salary.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen Grooms Massey Ryberg
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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 22 to 94:
(R293, H4800) -- Ways and Means Committee:
Veto 45 Part 1B; Section 80A.47; Page 451; Paragraph 3; Budget and Control Board; Employee Compensation.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has sustained the veto by the Governor on R.293, H. 4800 by a vote of 36 to 74:
(R293, H4800) -- Ways and Means Committee:
Veto 45 Part 1B; Section 80A.47; Page 451; Paragraph 3; Budget and Control Board; Employee Compensation.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 77 to 37:
(R293, H4800) -- Ways and Means Committee:
Veto 46 Part 1B; Section 22.40; Page 367; Department of Health and Environmental Control; Competitive Grants.
Very respectfully,
Speaker of the House
Received as information.
Veto 46 Part 1B; Section 22.40; Page 367; Department of Health and Environmental Control; Competitive Grants.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator RYBERG argued in favor of sustaining the veto.
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 Campbell Cleary Courson Cromer Drummond Elliott Ford Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler
Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 84 to 30:
(R293, H4800) -- Ways and Means Committee:
Veto 47 Part 1B; Section 39.6; Page 386; Department of Parks, Recreation and Tourism; Competitive Grants.
Very respectfully,
Speaker of the House
Received as information.
Veto 47 Part 1B; Section 39.6; Page 386; Department of Parks, Recreation and Tourism; Competitive Grants.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cleary Courson Cromer Drummond Elliott Ford Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 83 to 29:
(R293, H4800) -- Ways and Means Committee:
Veto 48 Part 1B; Section 40.23; Page 390; Department of Commerce; Competitive Grants.
Very respectfully,
Speaker of the House
Received as information.
Veto 48 Part 1B; Section 40.23; Page 390; Department of Commerce; Competitive Grants.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cleary Courson Cromer Drummond Elliott Ford
Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 84 to 32:
(R293, H4800) -- Ways and Means Committee:
Veto 49 Part 1B, Section 80A.31; Page 447; Budget and Control Board; Competitive Grants.
Received as information.
Veto 49 Part 1B, Section 80A.31; Page 447; Budget and Control Board; Competitive Grants.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cleary Courson Cromer Drummond Elliott Ford Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 82 to 32:
(R293, H4800) -- Ways and Means Committee:
Veto 50 Part 1B, Section 80A.33; Pages 447-448; Budget and Control Board; Grants Review Committee.
Very respectfully,
Speaker of the House
Received as information.
Veto 50 Part 1B, Section 80A.33; Pages 447-448; Budget and Control Board; Grants Review Committee.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cleary Courson Cromer Drummond Elliott Ford Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 82 to 34:
(R293, H4800) -- Ways and Means Committee:
Veto 51 Part 1B; Section 89.87; Page 482; General Provisions; Competitive Grants Funds Carry Forward.
Very respectfully,
Speaker of the House
Received as information.
Veto 51 Part 1B; Section 89.87; Page 482; General Provisions; Competitive Grants Funds Carry Forward.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Cleary Courson Cromer Drummond Elliott Ford Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews *
McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ceips Gregory Grooms Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 85 to 35:
(R293, H4800) -- Ways and Means Committee:
Veto 52 Part 1B; Section 89.94; Page 483; General Provisions; Homeland Security Projects.
Very respectfully,
Speaker of the House
Received as information.
Veto 52 Part 1B; Section 89.94; Page 483; General Provisions; Homeland Security Projects.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator McCONNELL spoke on the veto.
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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 70 to 48:
(R293, H4800) -- Ways and Means Committee:
Veto 53 Part 1B; Section 89.96; Page 483; General Provisions; Employee Actions.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 41 to 76:
(R293, H4800) -- Ways and Means Committee:
Veto 54 Part 1B; Section 89.99; Page 483; General Provisions; I-95 Corridor Study.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 94 to 25:
(R293, H4800) -- Ways and Means Committee:
Veto 55 Part 1B; Section 89.100; Page 483; General Provision; Lt. Governor Security Detail.
Very respectfully,
Speaker of the House
Received as information.
Veto 55 Part 1B; Section 89.100; Page 483; General Provision; Lt. Governor Security Detail.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator LEVENTIS spoke on the veto.
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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts
Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short Thomas Verdin Williams
Bryant Campsen Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 77 to 44:
(R293, H4800) -- Ways and Means Committee:
Veto 56 Part 1B, Section 89.103, Page 484; General Provisions; Attorney Dues.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 83 to 22:
(R293, H4800) -- Ways and Means Committee:
Veto 56 Part 1B, Section 89.103, Page 484; General Provisions; Attorney Dues.
Very respectfully,
Speaker of the House
Received as information.
Veto 56 Part 1B, Section 89.103, Page 484; General Provisions; Attorney Dues.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Land Leatherman
Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Williams
Bryant Campsen Fair Knotts Massey Peeler Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 103 to 11:
(R293, H4800) -- Ways and Means Committee:
Veto 57 Part IB; Section 90.12; Page 489; Item E; Department of Health and Human Services; Rural Hospital Grants; $3,000,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 57 Part IB; Section 90.12; Page 489; Item E; Department of Health and Human Services; Rural Hospital Grants; $3,000,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 103 to 10:
(R293, H4800) -- Ways and Means Committee:
Veto 58 Part IB; Section 90.12; Page 489; Item G; MUSC Disproportionate Share; $7,000,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 58 Part IB; Section 90.12; Page 489; Item G; MUSC Disproportionate Share; $7,000,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 97 to 16:
(R293, H4800) -- Ways and Means Committee:
Veto 59 Part IB; Section 90.12; Page 490; Item C.4; Department of Disabilities and Special Needs; Greenwood Genetics Center; $3,500,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 59 Part IB; Section 90.12; Page 490; Item C.4; Department of Disabilities and Special Needs; Greenwood Genetics Center; $3,500,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins
Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Hayes Massey Ryberg
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.293, H. 4800 by a vote of 71 to 48:
(R293, H4800) -- Ways and Means Committee:
Veto 60 Part 1B; Section 90.12; Statewide Revenue; Page 490; Item E.2.; Department of Alcohol and Other Drug Abuse Services; State Block Grants; $500,000.
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has overridden the veto by the Governor on R.293, H. 4800 by a vote of 80 to 25:
(R293, H4800) -- Ways and Means Committee:
Veto 60 Part 1B; Section 90.12; Statewide Revenue; Page 490; Item E.2.; Department of Alcohol and Other Drug Abuse Services; State Block Grants; $500,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 60 Part 1B; Section 90.12; Statewide Revenue; Page 490; Item E.2.; Department of Alcohol and Other Drug Abuse Services; State Block Grants; $500,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen Massey
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 102 to 13:
(R293, H4800) -- Ways and Means Committee:
Veto 61 Part IB; Section 90.13; Page 491; Item (B)(4); Non-recurring Revenue; H12-Clemson University; LightRail; $700,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 61 Part IB; Section 90.13; Page 491; Item (B)(4); Non-recurring Revenue; H12-Clemson University; LightRail; $700,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg
Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 93 to 12:
(R293, H4800) -- Ways and Means Committee:
Veto 62 Part IB; Section 90.13; Page 491; Item (B)(5); Non-recurring Revenue; H27-University of South Carolina-Columbia; LightRail; $700,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 62 Part IB; Section 90.13; Page 491; Item (B)(5); Non-recurring Revenue; H27-University of South Carolina-Columbia; LightRail; $700,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 98 to 9:
(R293, H4800) -- Ways and Means Committee:
Veto 63 Part IB; Section 90.13; Page 491; Item (B)(6); Non-recurring Revenue; H51-Medical University of South Carolina; LightRail; $700,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 63 Part IB; Section 90.13; Page 491; Item (B)(6); Non-recurring Revenue; H51-Medical University of South Carolina; LightRail; $700,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 100 to 16:
(R293, H4800) -- Ways and Means Committee:
Very respectfully,
Speaker of the House
Received as information.
Veto 64 Part IB; Section 90.13; Page 491; Item (B)(10); Non-recurring Revenue; P20-Clemson University-PSA; Operating expenses; $275,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg
Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.293, H. 4800 by a vote of 113 to 0:
(R293, H4800) -- Ways and Means Committee:
Veto 65 Part IB; Section 90.13; Page 491; Item (B)(14); Non-recurring Revenue; E23-Commission on Indigent Defense; Public Defenders & Staff; $3,993,844.
Very respectfully,
Speaker of the House
Received as information.
Veto 65 Part IB; Section 90.13; Page 491; Item (B)(14); Non-recurring Revenue; E23-Commission on Indigent Defense; Public Defenders & Staff; $3,993,844.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.294, H. 4801 by a vote of 85 to 16:
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 1 Section 1; Item 4; Clemson University; LightRail; $800,000.
Very respectfully,
Speaker of the House
Received as information.
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 1 Section 1; Item 4; Clemson University; LightRail; $800,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson
Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.294, H. 4801 by a vote of 81 to 21:
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 2 Section 1; Item 5; University of South Carolina-Columbia; LightRail; $800,000.
Very respectfully,
Speaker of the House
Received as information.
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 2 Section 1; Item 5; University of South Carolina-Columbia; LightRail; $800,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen
Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The 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 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.294, H. 4801 by a vote of 80 to 20:
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 3 Section 1; Item 6; Medical University of South Carolina; LightRail; $800,000.
Very respectfully,
Speaker of the House
Received as information.
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 3 Section 1; Item 6; Medical University of South Carolina; LightRail; $800,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.294, H. 4801 by a vote of 78 to 25:
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 4 Section 1; Item 7; Commission on Higher Education;
Research Authority-Hydrogen Grants; $2,500,000.
Very respectfully,
Speaker of the House
Received as information.
(R294, H4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Veto 4 Section 1; Item 7; Commission on Higher Education;
Research Authority-Hydrogen Grants; $2,500,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN 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 Campbell Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews * McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
Bryant Campsen
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
S. 1333 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE LIEUTENANT GOVERNOR'S OFFICE ON AGING TO CONVENE A PURPLE RIBBON ALZHEIMER'S TASK FORCE TO STUDY THE CURRENT AND FUTURE IMPACT OF ALZHEIMER'S IN SOUTH CAROLINA AND TO ASSESS THE RESOURCES FOR AND NEEDS OF PERSONS WITH ALZHEIMER'S AND RELATED DISORDERS SO AS TO
Returned with concurrence.
Received as information.
S. 1421 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BOULEVARD STREET IN THE CITY OF ORANGEBURG FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 "WEBBER BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WEBBER BOULEVARD".
Returned with concurrence.
Received as information.
S. 1443 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE SIMPSONVILLE HONOR FLIGHT PLANNING COMMITTEE FOR TRANSPORTING ONE HUNDRED WORLD WAR II VETERANS TO OUR NATION'S CAPITAL TO VIEW THE WORLD WAR II MEMORIAL, AND TO ENCOURAGE OTHER COMMUNITIES TO FOLLOW SIMPSONVILLE'S FINE EXAMPLE.
Returned with concurrence.
Received as information.
S. 1444 (Word version) -- Senators Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CRAIG MELVIN OF RICHLAND COUNTY FOR SEVEN SUCCESSFUL YEARS OF FULL-TIME JOURNALISM WITH THE WIS TELEVISION STATION AND TO WISH HIM SUCCESS AS HE BEGINS HIS NEW ASSIGNMENT IN WASHINGTON, D.C.
Returned with concurrence.
Received as information.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4816 (Word version) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, E.H. Pitts, Spires and Toole: A BILL TO AMEND ACT 378 OF 2004, AS AMENDED, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE METHOD BY WHICH THE PROPERTY TAX CREDIT ALLOWED PURSUANT TO THIS ACT APPLIES WITH RESPECT TO THE NONSCHOOL-RELATED PROPERTY TAX LIABILITY OF AN OWNER-OCCUPIED RESIDENCE.
On motion of Senator KNOTTS
H. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E.H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS
H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.
By prior motion of Senator VERDIN, with unanimous consent
H. 3812 (Word version) -- Reps. G.M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SHEHEEN proposed the following Amendment No. 1A (3812R002.VAS), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 32 and inserting:
/ installation as determined by the local governing body.
(7) to purchase capital equipment and make expenditures related to the installation, operation, and purchase of the capital equipment including, but not limited to, taxes, duty, transportation, delivery, and transit insurance, in a county having a population of less than one hundred thousand persons and having at least forty thousand acres of state forest land. For purposes of this section, 'capital equipment' means an articles of nonexpendable, tangible, personal property, to include communication software when purchased with a computer, having a useful life of more than one year and an acquisition cost of fifty thousand dollars or more for each unit." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 2 (NBD\12386AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-1-320(B) of the 1976 Code, as amended by Act 388 of 2006, is further amended by adding:
"(6) purchase by the local governing body of undeveloped real property or of the residential development rights in undeveloped real property near an operating United States military base which property has been identified as suitable for residential development but which residential development would constitute undesirable residential encroachment upon the United States military base as determined by the local governing body. The local governing body shall enact an ordinance authorizing such purchase and the ordinance must state the nature and extent of the potential residential encroachment, how the purchased property or development rights would be used and specifically how and why this use would be beneficial to the United
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
On motion of Senator THOMAS, with unanimous consent, the amendments were to be conformed.
Senators THOMAS and SHEHEEN proposed the following amendment (3812R003.DLT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 6-1-320(B) of the 1976 Code, as amended by Act 388 of 2006, is further amended by adding:
"(6) purchase by the local governing body of undeveloped real property or of the residential development rights in undeveloped real property near an operating United States military base which property has been identified as suitable for residential development but which residential development would constitute undesirable residential encroachment upon the United States military base as determined by the local governing body. The local governing body shall enact an ordinance authorizing such purchase and the ordinance must state the nature and extent of the potential residential encroachment, how the purchased property or development rights would be used and
(7) to purchase capital equipment and make expenditures related to the installation, operation, and purchase of the capital equipment including, but not limited to, taxes, duty, transportation, delivery, and transit insurance, in a county having a population of less than one hundred thousand persons and having at least forty thousand acres of state forest land. For purposes of this section, 'capital equipment' means an articles of nonexpendable, tangible, personal property, to include communication software when purchased with a computer, having a useful life of more than one year and an acquisition cost of fifty thousand dollars or more for each unit."
SECTION 2. This act takes effect upon approval by the Governor/
Renumber sections to conform.
Amend title to conform.
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. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FAIR proposed the following amendment (4511R002.MLF), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. A. This SECTION may be cited as "Tyler's Law".
B. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-187. A parent or guardian who knowingly and willfully permits his dependant to operate a motor vehicle in violation of a restriction imposed on a beginner's permit pursuant to Section 56-1-50, a conditional driver's license pursuant to Section 56-1-175, or a special restricted driver's license pursuant to Section 56-1-180, or knowingly permits his dependant to operate a motor vehicle without a valid beginner's permit or driver's license, must be assessed a civil fine in an amount up to five hundred dollars. If, while operating the motor vehicle in violation of a restriction, the dependant causes great bodily injury or death, the parent or guardian must be assessed a civil fine in an amount up to one thousand dollars. The court may suspend the imposition of the fine, conditioned upon the parent or guardian completing, to the satisfaction of the court, public service with a non-profit organization, community service, or parenting classes. This section does not apply to a motor vehicle operated on private property. A civil fine imposed pursuant to this section does not give rise to a private cause of action based solely upon the fact that the fine was imposed. The imposition of a civil fine is not admissible for the purpose of establishing the liability of a parent or guardian in a private cause of action to which the parents or guardians are a party." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR 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. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD4953.003), which was adopted:
Amend the bill, as and if amended, page 5, by striking lines 38 through 42, and page 6, by striking lines 1 through 15.
Amend the bill further, as and if amended, page 6, by striking lines 33 through 39.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4754 (Word version) -- Reps. G.R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FAIR asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senators McCONNELL and FAIR proposed the following amendment (JUD4754.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Article 15, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-2027. (A) Notwithstanding the provisions of this article, the assets and liabilities of a special purpose district that:
(1) is created by act of the General Assembly that does not require a referendum;
(2) provides only recreational services; and
(3) has as its boundary the same as the county in which it is located
may be transferred to the governing body of the county in which the special purpose district is located if the governing body of the special purpose district, the governing body of the county, and the legislative delegation for the county each pass by a supermajority of two-thirds vote of members present and voting resolutions that transfer the special purpose district's assets and liabilities to the governing body of the county in which the special purpose district is located. The governing body of the special purpose district must hold a public hearing prior to the passage by a supermajority of two-thirds vote of the resolutions by the governing body of the special purpose district, the governing body of the county, and the legislative delegation for the county. The provisions of this section are applicable only if the governing body of the county also adopts a resolution agreeing to follow the provisions of Section 6-11-2140.
(B) For purposes of calculating the millage limitation imposed pursuant to Section 6-1-320 for a county, any millage for operating
(C) The provisions of this section do not apply to a special purpose district that provides both recreational and aging services.
(D) The provisions of this section expire on December 31, 2008."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator FAIR 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, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
H. 4552 (Word version) -- Reps. Harrison, M.A. Pitts, Kirsh, Jennings and McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.
H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 3359 (Word version) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.
S. 1445 (Word version) -- Senators McConnell, Campsen, Cleary and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME WINGO WAY IN THE TOWN OF MT. PLEASANT FROM HOUSTON NORTHCUTT BOULEVARD TO PATRIOT'S POINT ROAD AS "HARRY HALLMAN BOULEVARD" IN HONOR OF CURRENT MT. PLEASANT MAYOR AND FORMER MEMBER OF THE GENERAL ASSEMBLY, HARRY M. HALLMAN, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5192 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF OCTOBER 2008 AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A
Senator RYBERG explained the Bill.
Senator KNOTTS objected.
H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.
On motion of Senator MALLOY, the Bill was carried over.
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 REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
On motion of Senator SHEHEEN, the Senate insisted upon its amendments to S. 96 and asked for a Committee of Conference.
Whereupon, Senators RANKIN, SHEHEEN and CLEARY 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., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Very respectfully,
Speaker of the House
Received as information.
H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 3715 and asked for a Committee of Conference.
Whereupon, Senators HAWKINS, SHEHEEN and MASSEY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
At 7:21 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.
At 7:28 P.M., the Senate resumed.
H. 4344 (Word version) -- Reps. M.A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO DELETE A PROVISION ENABLING THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH METHODS AND RESTRICTIONS FOR THE HUNTING AND TAKING OF DEER.
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection and the Bill was recalled from the Committee on Fish, Game and Forestry.
Senator THOMAS asked unanimous consent to make a motion to take the Bill up for immediate consideration.
There was no objection.
Senator THOMAS proposed the following Amendment No. 1 (AGM\19287BB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 37 of the 1976 Code is amended by adding:
PalmettoPride
Section 37-29-100. There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
Section 37-29-110. PalmettoPride is governed by a board of directors composed of eighteen members to be appointed as follows: three members must be appointed by the Governor; three Senators must be appointed by the President Pro Tempore of the Senate; three Representatives must be appointed by the Speaker of the House of Representatives; three South Carolina residents must be appointed by
Section 37-29-120. The chairman of the board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an Executive Coordinator. The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget recommended by the Executive Coordinator.
Section 37-29-130. PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recreation and Tourism. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES. /
Senator THOMAS explained the amendment.
The amendment was adopted.
On motion of Senator THOMAS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator THOMAS, with unanimous consent, H. 4344 was ordered to receive a third reading on Thursday, June 5, 2008.
H. 5144 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11 OF TITLE 55 SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH ITS GOVERNING COMMISSION, DESCRIBE THE FUNCTIONS, AND POWERS OF THE DISTRICT AND ITS COMMISSION, MAKE PROVISIONS FOR BORROWING BY THE DISTRICT INCLUDING THE ISSUANCE OF GENERAL OBLIGATION BONDS, AND PROVIDE FOR THE CONTINUING OPERATION OF THE FACILITIES OF THE DISTRICT.
Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
Senator RANKIN spoke on the motion.
There was no objection and the Bill was recalled from the Committee on Transportation.
Senator RANKIN asked unanimous consent to make a motion to take the Bill up for immediate consideration.
Senator ELLIOTT objected.
The Bill was ordered placed on the Calendar for consideration tomorrow.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. G. M. Smith, Kelly and Jennings to the Committee of Free Conference on the part of the House on:
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
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. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
On motion of Senator MALLOY, Free Conference Powers were granted.
Whereupon, Senators MALLOY, RANKIN, and CLEARY were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Senator MALLOY spoke on the report.
On motion of Senator MALLOY, the Report of the Committee of Free Conference to S. 144 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams. A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. (A) There is established the South Carolina Sentencing Reform Commission composed of ten members as follows:
(1) three members to be appointed by the chairman of the Senate Judiciary Committee;
(2) three members to be appointed by the chairman of the House of Representatives Judiciary Committee;
(3) three members of the Judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court; and
(4) one member to be appointed by the Governor.
(B) The members of the commission may begin meeting when at least a quorum has been appointed and shall elect one member to serve as chairman.
(C) The primary duty of the Sentencing Reform Commission is to prepare a comprehensive report that reviews and recommends:
(1) appropriate changes to current sentencing guidelines for all offenses for which a term of imprisonment of more than one year is allowed;
(2) maintaining, amending, or abolishing the current parole system; and
(3) guidelines for legislation for offenders for whom traditional imprisonment is not considered appropriate.
(D) The purpose of the report is to enable the General Assembly to consider the Sentencing Reform Commission's findings and determine whether state laws should be amended.
(E) In making its recommendations concerning guidelines, the commission must consider current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities.
(F) The Sentencing Reform Commission must deliver its report and recommendations to the chairman of the Senate Judiciary Committee and the chairman of the House Judiciary Committee no later than June 1, 2009, and the commission shall terminate when the report is made.
(G) The Supreme Court shall provide appropriate staff for the commission. The chairman of the Senate Judiciary Committee may provide additional staff for the Senate members and the chairman of the House Judiciary Committee may provide additional staff for the House members.
(H) Members of the Sentencing Reform Commission may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(I) The commission is encouraged to apply for and may expend federal funds, grants, and gifts it receives from other sources to carry out its duties and responsibilities."
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Amend title to conform.
/s/Sen. Gerald Malloy /s/Rep. G. Murrell Smith, Jr. /s/Sen. Luke A. Rankin /s/Rep. Douglas Jennings, Jr. /s/Sen. Raymond E. Cleary III /s/Rep. R. Keith Kelly On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Young, Cobb-Hunter and Simrill to the Committee of Free Conference on the part of the House on:
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Very respectfully,
Speaker of the House
Received as information.
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE
Senator HAYES spoke on the report.
On motion of Senator HAYES, Free Conference Powers were granted.
Whereupon, Senators LAND, HAYES, and ALEXANDER were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 530 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The General Assembly finds that all the provisions contained in this act relate to one subject as required by Article III, Section 17 of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of
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.
SECTION 2. This act may be cited as the "Budget Proviso Codification Act".
A. (6.10) 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-193. Notwithstanding any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution. During the furlough, affected employees shall be entitled to receive the same state benefits as otherwise available to them except for receiving their salaries. For benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted. For benefits which require only employee contributions, the employee remains solely responsible for making the contributions. Placement of an employee on furlough pursuant to this section does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this section does not apply. The implementation of a
2. This subpart takes effect July 1, 2008.
B. (6.14) 1. Section 59-104-20 of the 1976 Code is amended by adding an appropriately numbered subsection after subsection (G) to read:
"( ) The Commission on Higher Education shall, by regulation, define alternative qualifications for an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school."
2. This subpart takes effect July 1, 2008.
C. (6.11) 1. Section 59-143-10 of the 1976 Code is amended to read:
"Section 59-143-10. (A) There is hereby established the South Carolina Children's Education Endowment. The revenue received pursuant to Section 48-46-40(E)(3) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Children's Education Endowment'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes, which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently.
(B) Upon receipt of monies transferred to the Children's Education Endowment by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. Beginning with the fiscal year ending June 30, 1996, theThe Comptroller General shall record low-level radioactive waste tax revenues collected from the Barnwell waste facility on the accrual basis; however, no expenditure may be made against these accrued revenues until the related cash is deposited with the State. These revenues must be distributed in the manner prescribed by Section 48-48-140.
(C) Funds made available for Need-based Grants and Palmetto Fellows Scholarships through the Higher Education Scholarship Grants allocation must be no more than the prior year's earned revenue and must be released for use on July first and January first of each fiscal year. Notwithstanding the provisions of this section, any unspent balance in the Higher Education Scholarship Grants allocation of the
(D) Funds made available from the public school facilities program allocation must be no more than the funds earned and received for that allocation through the most recently completed quarter."
2. This subpart takes effect July 1, 2008.
D. (6.12) Article 1, Chapter 111, Title 59 of the 1976 Code is amended by adding:
"Section 59-111-25. If a mid-year budget reduction is imposed by the General Assembly or the State Budget and Control Board, the Commission on Higher Education appropriations for the LIFE Scholarship, Need-based Grants, and the Palmetto Fellows Scholarship are exempt."
E. (6.17) 1. Section 59-112-70 of the 1976 Code is amended to read:
"(A) Notwithstanding other provisions of this chapter, the governing boards listed in Section 59-112-10A, are authorized to adopt policies for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.
(B) State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in an international Sister-State agreement program which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the State Budget and Control Board, will annually notify institutions of the Sister-State agreements eligible for the nonresident fee waiver. The credit hours generated by these students must be included in the Mission Resource Requirement for funding.
(C) State-supported colleges and universities that have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's board of trustees, and a relationship that includes regular arrangements for the enrollment of qualified students and the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may waive the nonresident
2. This subpart takes effect July 1, 2008.
F. (15.5) Section 59-112-20 of the 1976 Code is amended by adding an item at the end to read:
"E. Independent persons who reside in and are domiciled in Chatham-Effingham and Bryan County Georgia, and their dependents, may be considered eligible for in-state rates for as long as the Georgia Board of Regents offers its Georgia Tuition Program by which it grants in-state tuition to students residing in the Beaufort and Jasper county area."
G. (18.4) 1. Chapter 112, Title 59 of the 1976 Code is amended by adding:
"Section 59-112-120. The South Carolina Technical Colleges may offer in-state rates to residents of bordering North Carolina and Georgia communities if a reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes."
2. This subpart takes effect July 1, 2008.
H. (89.88) Chapter 112, Title 59 of the 1976 Code is amended by adding:
"Section 59-112-130. A public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver does not affect the capacity of the fee waivers for four percent of the undergraduate student body. This waiver must not be applied to fees for out-of-state students."
I. 1. (1A.45) Section 59-26-20(j) of the 1976 Code, as last amended by Act 307 of 2004, is further amended to read:
"(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby in which talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas', which shall include special schools, alternative schools, and correctional centers as identified by the State
Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.
Additional loans to assist with college and living expenses shall must be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.
In case of failure to make a scheduled repayment of any an installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the
Notwithstanding another provision of this item:
(1) For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' must be is defined as a school that:
(a) has an absolute rating of below average or unsatisfactory;
(b) has an average teacher turnover rate for the past three years that is twenty percent or higher; or
(c) meets the poverty index criteria at the seventy percent level or higher.
(2) After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment.
(3) The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004."
2. This subpart takes effect July 1, 2008.
A. (1A.32) Article 11, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1130. (A) Notwithstanding another provision of law to the contrary, funds appropriated for professional development must be used for certificated instructional and instructional leadership personnel in grades kindergarten through twelve in the academic areas for which State Board of Education standard documents have been approved to better link instruction and lesson plans to the standards and to statewide adopted readiness assessment tests, to develop classroom
(B) Two hundred fifty thousand dollars of the funds allocated to professional development must be provided to the State Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization, and establishing the relationship between the readiness measure and third grade standards-based assessments. Multi-day work sessions must be provided around the state during the summer, fall, and winter using staff development days and teacher workdays. Two of the remaining professional development days must be set aside for the specific purpose of preparing and opening schools. District instructional leaders, regional service centers, consortia, development personnel, university faculty, contracted providers, and the resources of the Educational Television Network may be used to implement the professional development initiative. Teachers participating in the program shall receive credit toward recertification according to State Board of Education guidelines. Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose. No less than twenty-five percent of the funds allocated for professional development may be expended on the teaching of reading, which includes teaching reading across content areas in grades three through eight."
B. (1A.37) Section 59-18-710 of the 1976 Code is amended to read:
"Section 59-18-710. By November, 2000, the State Board of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations outlining the criteria for the state's accreditation system which must include student academic performance. The State
"Section 59-18-930. Beginning in 2001 and annually thereafter the The State Department of Education must issue the executive summary of the report cards card annually to all schools and districts of the State no later than November first. The executive summary shall be printed in black and white, be no more than two pages, use graphical displays whenever possible, and contain National Assessment of Educational Progress (NAEP) scores as well as national scores. The report card summary must be mailed made available to all parents of the school and the school district.
The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ninety forty-five days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline."
2. This subpart takes effect July 1, 2008.
D. (1A.52) Article 9, Chapter 18, Title 59 is amended by adding:
"Section 59-18-950. Notwithstanding another provision of law to the contrary, the Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation rates, exit examination performance, and other criteria identified by technical experts and appropriate groups of educators and workforce advocates."
A. (7.1) Chapter 113, Title 59 of the 1976 Code is amended by adding:
"Section 59-113-47. The grant funds appropriated pursuant to this chapter are exempt from mid-year budget reductions."
A. (17.1) Section 59-123-115 of the 1976 code is amended to read:
"Section 59-123-115. (A) The South Carolina Area Health Education Consortium shall be awarded funding for the Statewide Family Practice Residency System, the Graduate Doctor Education Program, and the Area Health Education Center Program based on the appropriate formula, as approved by the Area Health Education Consortium and the Commission on Higher Education, and the funding methodology shall be applied in a manner consistent with that of other state institutions of higher learning.
(B) Statewide Family Practice Residency System funds appropriated for faculty salaries, teaching services, and consultant fees may only be expended when these activities are accomplished for educational purposes in the family practice centers; however, the Medical University of South Carolina may expend these funds in hospital-based clinical settings apart from the consortium hospital, when these settings are determined by the president of the Medical University of South Carolina, with approval of the Medical University board, to provide appropriate educational experience and opportunities to the family practice residents. These funds must not be transferred to any other program."
A. (21.13) Section 40-43-86(H)(6) of the 1976 Code is amended to read:
"(6) Substitution may not occur unless the pharmacist advises the patient or the patient's agent that the practitioner has authorized substitution and the patient, or patient's agent, consents. A Medicaid recipient whose prescription is reimbursed by the South Carolina Medicaid Program is deemed to have consented to the substitution of a less costly equivalent generic drug product."
B. (21.15) Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-725. Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains
Section 44-6-1010. There is created within the Department of Health and Human Services the Pharmacy and Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at the pleasure of the director of the department. The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics.
Section 44-6-1020. The committee shall adopt bylaws that include, at a minimum, the length of membership. A chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not be compensated for service to the committee. However, committee members may be reimbursed for actual and necessary expenses incurred by discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet at other times in the chairman's or the director's discretion. Committee meetings are subject to the provisions of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide notice as soon as practical. The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.
Section 44-6-1030. The committee must recommend to the department therapeutic classes of drugs that should be included on a preferred drug list. For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee also shall recommend prior authorization criteria for non-preferred drugs in the recommended therapeutic classes.
Section 44-6-1040. Any preferred drug list program implemented by the department must include:
(1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt;
(2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization;
(3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and
(4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without prior authorization if the pharmacist:
(a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and
(b) reasonably believes that refusing to dispense a seventy-two-hour supply would unduly burden the Medicaid recipient and produce undesirable health consequences.
Section 44-6-1050. A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process."
2. This subpart takes effect on July 1, 2008.
A. (9.32, Part IB, Act 117 of 2007) 1. Section 44-1-215 of the 1976 Code, as added by Act 49 of 2007, is reenacted to read:
"Section 44-1-215. Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B."
2. This subpart takes effect July 1, 2008.
B. (22.25) Section 44-7-570(A) of the 1976 Code is amended to read:
"(A) The department shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department shall charge an annual fee to cover the cost of monitoring and regulating these agreements, including certificates of public advantage. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement must be filed with the department every two years so that the department shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department may revoke a certificate upon a finding that:
(1) the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or
(2) the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement; or
(3) the department's certification was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats, or intimidation toward any party to the cooperative agreement."
C. (22.28) Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-300. The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year."
D. (22.41) Section 44-56-160(G) of the 1976 Code is amended to read:
"(G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the general fund of the State Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund."
E. (22.45) 1. Section 44-7-2440 of the 1976 Code is amended by adding a subsection at the end to read:
"(F) The department, after consultation with the advisory committee, may phase-in the reporting requirements of this section."
2. This subpart takes effect July 1, 2008.
F. (22.46) 1. Chapter 56, Title 44 of the 1976 Code is amended by adding:
"Section 44-56-220. The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites."
2. This subpart takes effect July 1, 2008.
A. (27.3) 1. Section 43-26-90 of the 1976 Code, as amended by Act 205 of 2004, is further amended to read:
"Section 43-26-90. This chapter does not apply to hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, the South Carolina State Museum, property under the Patriots Point
2. This subpart takes effect July 1, 2008.
A. (34.4) 1. Section 46-21-40 of the 1976 Code is amended to read:
"Section 46-21-40. For the purpose of providing a fund to defray the expenses of the examinations and analyses prescribed in this chapter, other than Article 11 hereof, each person selling or offering or ordering for sale or distribution in, or for export from, this State any seed mentioned in this chapter, other than Article 11 hereof, shall register his name with the Department of Agriculture and shall pay a license taxfee annually on January first of each year of one dollar when only boxed package vegetable or flower seed are handled and, when other seed with or without boxed package vegetable or flower seed is handled, of two and one-half dollars when the gross business is less than two hundred dollars, five dollars when the gross business is over two hundred dollars but less than five hundred dollars, ten dollars when the gross business is over five hundred dollars but less than one thousand dollars and twenty-five dollars when the gross business is one thousand dollars or more. The department shall charge for these licenses a minimum fee of twenty-five dollars and a maximum fee of one hundred fifty dollars. The department shall institute a graduated fee schedule between these minimum and maximum fees, which must be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain any revenue collected pursuant to this section to defray the costs of printing, mailing, and inspections and to pay the costs of leasing the Florence Farmer's Market from Clemson University. The commissioner's receipt for such license tax shall beis a license to conduct the business."
2. This subpart takes effect July 1, 2008.
B. (34.5) 1. Chapter 3, Title 46 of the 1976 Code is amended by adding:
"Section 46-3-270. The Department of Agriculture may waive the remittance of indirect cost recoveries for the Specialty Crop Grant supported by the United States Department of Agriculture through the Commodity Credit Corporation."
2. This subpart takes effect July 1, 2008.
C. (34.8) Section 39-9-68 of the 1976 Code is amended by adding a paragraph at the end to read:
"The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (3). Revenues generated by these fees shall be used by the department to offset expenses incurred in operating the Metrology Laboratory."
D. (34.12) 1. Chapter 40, Title 46 of the 1976 Code is amended by adding:
"Section 46-40-100. The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program."
2. This subpart takes effect July 1, 2008.
A. (37.3) 1. Chapter 9, Title 50 of the 1976 Code is amended by adding:
"Section 50-9-515. Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the State, shall upon presentation of his official furlough or leave papers, be allowed to fish and hunt without purchasing a fishing or hunting license."
2. This subpart takes effect July 1, 2008.
B. (37.15) 1. Items (3), (6), (7), (8), and (10) of Section 50-9-510 of the 1976 Code are amended to read:
"(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for twenty-five dollars, of which two dollars may be retained by the issuing agent.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for one hundred twenty-five dollars, of which two dollars may be retained by the issuing agent.
(7) For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for fiftyseventy-five dollars, of which two dollars may be retained by the issuing agent.
(8) For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may purchase a statewide three-day temporary license for twenty-fiveforty dollars, of which one dollar may be retained by the issuing agent.
(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunters license for eighty-nineone hundred dollars, of which two dollars may be retained by the issuing agent."
2. This subpart takes effect July 1, 2008.
C. (89.65) 1. Section 56-3-4510 of the 1976 Code is amended to read:
"Section 56-3-4510. The Department of Motor Vehicles shall issue a special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the "Nongame Wildlife and Natural Areas Fund" provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the 'Non-game Wildlife and Natural Areas Fund' provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'South Carolina Protects Endangered Species.' The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued."
2. This subpart takes effect July 1, 2008.
A. (39.4) 1. Chapter 3, Title 51 of the 1976 Code is amended by adding:
"Section 51-3-65. Notwithstanding Section 51-3-60, the Department of Parks, Recreation, and Tourism must maintain adjustments in the fee structure directed by the 2002 study committee and implemented in September 2003 in order to maintain fiscal soundness and continued maintenance and operations of the State Park System. South Carolina residents who receive discounts pursuant to Section 51-3-60 must not be given discounts of less than thirty-five percent. Members of the South Carolina National Guard must be given the same discounts as residents receiving discounts pursuant to Section 59-3-60."
2. This subpart takes effect July 1, 2008.
A. (45.1) Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-160. A department or agency of state government may not hire a classified or temporary attorney as an employee except upon the written approval of the Attorney General and at compensation approved by him. All of these attorneys at all times are under the supervision and control of the Attorney General except as otherwise provided by law unless prior approval by the State Budget and Control Board is obtained. This section does not apply to an attorney hired by the General Assembly or the Judicial department."
B. (45.2) Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-170. A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the Judicial department."
C. (45.3) Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-85. Notwithstanding any other provision of law, the Attorney General's Office may obtain reimbursement for its costs in
"Section 14-1-217 The State, or a person or entity acting on behalf of the State, is not required to pay filing fees as provided in this chapter or as otherwise provided by law in proceedings brought pursuant to Chapter 48 of Title 44, the Sexually Violent Predator Act."
A. (46.6) Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1, Chapter 22 of Title 17 entitled "Pretrial Intervention Program".
B. (46.6) Chapter 22 of Title 17 of the 1976 Code is amended by adding:
Section 17-22-310. (A) A circuit solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule is:
(1) fifty dollars for checks up to five hundred dollars;
(2) one hundred dollars for checks five hundred one dollars to one thousand dollars; and
(3) one hundred fifty dollars for checks one thousand one dollars or greater.
(B) An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees collected by the Worthless Check Unit in accordance with the fee schedule promulgated pursuant to this section must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit , other than court costs and an amount equal to the allowable administrative costs contained in
"Section 14-1-213. (A) In addition to all other assessments and surcharges required to be imposed by law, a one-hundred-dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in general sessions court or in magistrates or municipal court for misdemeanor or felony drug offenses. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction that heard or processed the case and paid to the state treasurer within thirty days of receipt. The state treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only.
(C) It is the intent of the General Assembly that the amounts generated by this section are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services.
(D) The state treasurer may request the state auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the state treasurer pursuant to subsection (B). The state auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."
2. This subpart takes effect July 1, 2008.
A. (49.2, 49.3, and 49.17) 1. Section 23-6-50 of the 1976 Code is amended to read:
"Section 23-6-50. The director shall annually cause the department to be audited. The audit must be conducted by a certified public accountant or firm of certified public accountants to be selected by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The department may undergo an Agreed Upon Procedures audit in lieu of audited financial statements. The audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the fiscal year. The costs and expenses of the audit must be paid by the department out of its funds.
Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for matching committed or unanticipated grant funds, or both. The Department of Motor Vehicles is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000.
Notwithstanding any other provision of law, revenue received from the sale of publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, coin operated telephones, and revenue from building management services, and the Department of Public Safety training series shall be retained by the department and expended in budgeted operations for professional training, fees and dues, clothing allowance, and other related services
2. This subpart takes effect July 1, 2008.
B. (49.5, 49.6, 49.7, 49.8, and 49.10) Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-185. Notwithstanding any other provisions of law, enforcement by the State Transport Police Division, of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected pursuant to this section may be retained and carried forward by the department for the same purposes.
Section 23-6-187. The department may charge a witness fee of one hundred thirty dollars per hour, up to one thousand dollars per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest. The fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive, expend, retain, and carry forward these funds.
Section 23-6-191. The Department may pay the cost of physical examinations for department personnel who are required to receive physical examinations prior to or after receiving a law enforcement commission.
Section 23-6-193. The department may collect, expend, retain, and carry forward all funds received from other state or federal agencies as reimbursement for expenditures incurred when personnel and equipment are mobilized and expenses incurred due to an emergency.
Section 23-6-195. The department may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency."
C. (49.14) 1. Section 12-6-1140(6) of the 1976 Code is amended to read:
"(6) a subsistence allowance of five eight dollars a day for federal, state, and local law enforcement officers paid by a political subdivision of this State, the government of this State, or the federal government, for each regular work day in a taxable year and full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance five eight dollars a day for each regular work day in a taxable year;"
2. Section 56-19-420(B)(1) of the 1976 Code is amended to read:
"(1) the first one million dollars must be allocated to the Department of Education and used to support adult education programs credited to the general fund of the State to offset a portion of state individual income tax revenue not collected pursuant to the subsistence allowance allowed pursuant to Section 12-6-1140(6); and"
3. This subpart takes effect July 1, 2008.
D. (49.16) Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-190. All monies collected in the Department of Public Safety Building Fund, as established in Section 56-3-840 that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol."
E. Section 56-3-840 of the 1976 Code is amended to read:
"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the Department of Motor Vehicles a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.
A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to this section, not to exceed the actual revenues collected in fiscal year 1999-2000, must be annually deposited to a separate account and held in reserve for the Department
A. (66.6) 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-550. The Department of Motor Vehicles may collect a fee not to exceed twenty dollars per document to expedite a request for copies of documents and records it maintains. This fee is in addition to the normal fees associated with the request. Expedited requests must be available within seventy-two hours of receipt of the request and standard requests within thirty days. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act. The funds collected pursuant to this section must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray expenses."
2. This subpart takes effect July 1, 2008.
B. (66.7 and 66.14) Section 56-3-1290 of the 1976 code is amended to read:
"Section 56-3-1290. The Department of Motor Vehicles, upon application and the payment of a fee of three ten dollars, shall transfer the license plate previously assigned to an owner or lessee for one
"(F) Annual license plate validation stickers which are issued for nonpermanent license plates on certified South Carolina public law enforcement vehicles must be issued without charge."
D. (66.11) Section 56-1-2080(A)(1) of the 1976 Code is amended to read:
"(1) A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR Part 383, subparts F, G, and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. The first commercial driver's license skills test administered by the department to an individual is free of charge, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each subsequent commercial driver's license skills test administered to that individual. State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement. This fee must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray its expenses."
E. (66.16) Section 56-1-200 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:
"Section 56-1-200. If a driver's license is lost or destroyed, the person to whom the license was issued, upon payment of a fee of threeten dollars, may obtain a duplicate or substitution of it upon furnishing proof satisfactory to the Department of Motor Vehicles that the license has been lost or destroyed.
The feesThree dollars of the revenue from each fee collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100 percent.
The balance of the revenue from each fee must be deposited into a special earmarked account by the State Treasurer for the use of the Department of Motor Vehicles."
F. 1. (66.17) Section 56-3-2010(B) of the 1976 Code is amended to read:
"(B) Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance must be assigned a biennial registration which expires on a staggered monthly basis. Every personalized license plate issued to members of the General Assembly and members of licensed state or federal commissions and boards expires on January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."
2. This subpart takes effect July 1, 2008.
A. (51.2 and 51.9) Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-252. Notwithstanding another provision of law, the Department of Corrections shall retain proceeds from the sale of
(1) offset the operating costs of the farm program;
(2) expand and modernize the farm program; and
(3) support a project or service to benefit the general welfare of the prison population."
B. (51.13) Section 24-3-920 of the 1976 Code is amended to read:
"Section 24-3-920. The Director of the Department of Corrections shall offer a reward of one hundred dollars may award up to two thousand dollars for information leading to the capture of each escaped convict. Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a prisoner and confiscated as contraband by the Department of Corrections."
C. (51.14 and 51.17) Section 24-1-250 of the 1976 Code is amended to read:
"Section 24-1-250. (A) The State Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Budget and Control Board or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
(B) The Department of Corrections is hereby authorized to sell horticultural products suitable for commercial purposes that are grown or produced through the department's horticulture program. Notwithstanding any other provision of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates."
D. (51.18) Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-45. (A) Notwithstanding any other provision of law, of money generated by inmates engaged in work at paid employment in the community, the director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:
(1) ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984', Public Law 98-473, Title II, Chapter XIV, Section 1404; and
(2) ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.
At the close of the fiscal year, any excess funds not expended by the department to support victim services reverts to the victim assistance programs account as described in item (1) of this section and as mandated pursuant to Section 24-3-40(A)(2). By September first each year, the department shall provide an accounting to the Senate Finance Committee and Ways and Means Committee describing the expenditure of the retained funds and the services that were provided.
(B) The deductions provided pursuant to subsection (A) of this section apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before deductions are made pursuant to subsection (A) of this section."
E. (51.21) Section 24-1-110 of the 1976 Code is amended to read:
"Section 24-1-110. (A) The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system.
(B) In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. These services may include, but are not limited to, haircuts, cleaning of agency uniforms, and other services that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the department. The price for the services, if any, shall be determined by the Director of the Department of Corrections. Any funds generated by these activities may be retained by the department and applied to costs associated with the operation of correctional officer retention incentives."
A. (52.3) Section 24-21-480(4) of the 1976 Code is amended to read:
"(4) payment of six dollars and fifty cents per daya daily fee for housing and food. This fee may be set by the department with the approval of the State Budget and Control Board. The fee must be based on the offender's ability to pay not to exceed the actual costs. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;"
B. (52.5 and 52.8) Article 1, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-87. (A) The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition. The fee must be used to offset the cost of extradition. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose.
(B) The department may charge a fee to offenders required to have maintenance polygraphs. This fee may not exceed the actual cost of the maintenance polygraph. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose."
C. (52.6) Section 24-21-960(A) of the 1976 Code is amended to read:
"(A) Each pardon application must be accompanied with a pardon application fee of fiftyone hundred dollars. The pardon application fee must be retained and applied by the department towards the pardon process."
A. (64.4) Section 37-16-30 of the 1976 Code is amended to read:
"Section 37-16-30. Before any sales or solicitation activity commences, a person seeking to be involved in direct selling or direct in-person or electronic solicitation of the general public or segments of the general public, on behalf of a prepaid legal services company, must be appointed a representative of that prepaid legal services company by filing with the department, on a form prescribed by the department, the appointee's name, address, and telephone number. The appointment must be renewed each year no later than October first. The department may collect a fee of twentyforty dollars with each initial or renewal filing and may use the proceeds to offset the costs of administering and enforcing this chapter. Appointment may be refused or revoked upon a finding that a prospective representative or representative has been
"(8) Every creditor shall file at least one maximum rate schedule and pay at least one twentyforty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 3 of this title. This revenue may be applied to the cost of operations and any unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes."
C. (64.5) Section 37-3-305(8) of the 1976 Code is amended to read:
"(8) Every creditor shall file at least one maximum rate schedule and pay at least one twentyforty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 2 of this title. This revenue may be applied to the cost of operations and any
"Section 37-6-203. A person required to file notification shall pay on or before January thirty-first of each year to the administrator an annual fee of ninetyone hundred twenty dollars for that year, for each address in this State listed in the notification; provided, that the. The fee for any one person must be not less than ninetyone hundred twenty dollars; provided, further, that a. A person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer rental-purchase agreements is only required to pay one ninetyone hundred twenty dollar fee for each location. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administration and enforcement of this chapter."
A. (65.6) 1. Chapter 7, Title 40 of the 1976 Code is amended by adding:
"Section 40-7-285. Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter."
2. This subpart takes effect July 1, 2008.
B. (65.8) Chapter 10, Title 23 of the 1976 Code is amended by adding:
"Section 23-10-20. The South Carolina Department of Labor, Licensing and Regulation is authorized to purchase and issue clothing to the staff of the State Fire Academy."
A. (71.3) Article 5, Chapter 23, Title 1 of the 1976 Code is amended by adding:
"Section 1-23-670. Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in
"Section 1-23-680. The South Carolina Administrative Law Court is not required to reimburse the South Carolina Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes distributed to the court."
A. (48.3) Section 23-3-115 of the 1976 Code is amended to read:
"Section 23-3-115. (A) Notwithstanding any other provision of law, the The State Law Enforcement Division shall charge a fee not to exceed eight dollars and collect a fee of twenty-five dollars for a each criminal record search conducted pursuant to this article and related regulations contained in Subarticle 1, Article 3, Chapter 73 of the Code of Regulations., if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this section, the phrase "charitable organization" shall mean: All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the general fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or
(B) The fee allowed in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization. The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor. For purposes of this subsection, the phrase 'charitable organization' means:
(1) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;
(2) a bona fide church, including an institution such as a synagogue or mosque; or
(3) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33; or
(4) local recreation commission volunteers."
B. (48.4) Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-55. Notwithstanding any other provision of law, all revenue generated by the State Law Enforcement Division from the sale of vehicles, various equipment, and gasoline, and insurance claims during the prior fiscal year may be retained, carried forward, and expended for the purpose of purchasing like items."
C. (48.10) Section 23-31-216 of the 1976 Code is amended to read:
"Section 23-31-216. The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided for in pursuant to this article."
A. (80A.11) Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-495. (A) The State Budget and Control Board is directed to survey the progress of the collection of revenue and the
(B) As far as practicable, all agencies, departments, and institutions of the State are directed to budget and allocate appropriations as a quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating deficit for the fiscal year. It is recognized that academic year calendars of state institutions affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make reports to the board as they consider advisable on an agency, department, or institution that is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency, department, or institution. The board is directed to require the agency, department, or institution to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, department, or institution if the board determines that a deficit may occur. It is the responsibility of the agency, department, or institution to develop a plan, in consultation with the board, which eliminates or reduces a deficit. If the board makes a finding that the cause of or likelihood of a deficit is unavoidable due to factors which are outside the control of the agency, department, or institution, then the board may determine that the recognition of the agency, department, or institution is appropriate and
(C) Upon receipt of the notification from the board, the General Assembly may authorize supplemental appropriations from any surplus revenues that existed at the close of the previous fiscal year. If the General Assembly fails to take action, then the finding of the board shall stand, and the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution of this State. If the board finds that the cause of or likelihood of a deficit is the result of the agency, department, or institution management, then the state officials responsible for management of the agency, department, or institution involved must be held liable for it and the board shall notify the Agency Head Salary Commission of this finding. In the case of a finding that a projected deficit is the result of the management of the agency, department, or institution, the board shall take steps immediately to curtail agency, department, or institution expenditures so as to bring expenditures in line with authorized appropriations and avoid a year-end operating deficit."
B. (80A.14) 1. Section 8-11-165 of the 1976 Code is amended to read:
"Section 8-11-165. It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads must be conducted by the Office of Human Resources of the Budget and Control Board every three years. The staff of the office shall serve as the support staff to the Agency Head Salary Commission.
No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board, and except for employees of higher education technical colleges, colleges, and universities.
No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.
The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the
All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."
2. This subpart takes effect July 1, 2008.
C. (80A.28) Section 8-7-90 of the 1976 Code is amended to read:
"Section 8-7-90. All officers and employees of this State or a political subdivision of this State who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. In the event any such person is called upon to serve during an emergency he is entitled to such leave of absence for not exceeding thirty additional days.
A state employee in a full time position who serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to thirty additional days of military leave in any one year.
As used in this section, 'in any one year' means either a calendar year or, in the case of members required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or reserve component issuing the orders. The
"Section 8-1-155. Notwithstanding another provision of law, if a vacancy occurs in a state agency, other than an institution of higher learning, or if an agency acts to fill a new position, the agency shall give preference to a resident of this State, if the applicants are equally qualified for the vacancy or new position."
2. This subpart takes effect July 1, 2008.
E. (89.51) Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-497. If the State Budget and Control Board or the General Assembly mandates an across-the-board reduction, state agencies are encouraged to reduce general operating expenses including, but not limited to, travel, training, procurement, hiring of temporary and contractual employees before reductions are made to programs, special line items, or local provider services critical to an agency's mission."
F. (89.61) Chapter 1, Title 1 of the 1976 Code is amended by adding:
Section 1-1-1610. An administrative state agency performing administrative hearings within this State may make use of existing video conferencing capabilities. There must be evidence that a cost savings will be recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at one particular location. A report of video conferencing activities and any related cost savings must be submitted annually, before January fifteenth, to the House Ways and Means Committee and the Senate Finance Committee."
G. (89.62) Section 8-21-320 of the 1976 Code is amended by adding a paragraph at the end to read:
"The revenue collected pursuant to this section shall be distributed by the State Treasurer in the following manner:
(1) The first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.
(2) Any remaining funds must be transferred to the Judicial Department for operating purposes."
H. (89.96) Chapter 17, Title 8 of the 1976 Code is amended by adding:
"Section 8-17-370. Notwithstanding any other provision of law, employees of an Executive Department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) with a governing board who are unclassified, whose employment or compensation are decided by the governing board subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not be reassigned, terminated, or have their compensation reduced, except by majority vote of the governing board and approval by the Senate upon advice and consent prior to the action being taken or an interim appointment being made."
I. (89.77) Article 5, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-725. The State Budget and Control Board's experience rating of all local disabilities and special needs providers pursuant to Section 1-11-720(A)(3) must be rated as a single group when rating all optional groups participating in the state employee health insurance program."
A. (81.3, 4, 7, and 8) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-388. (A) The Department of Revenue may charge participants a fee to cover the cost of education and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.
(B) The Department of Revenue may charge participants in taxpayer education and information programs required pursuant to Section 12-58-40 a fee to recover the related direct costs. The revenue of this fee may be applied to these costs, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.
(C) The Department of Revenue may impose a sixty-dollar fee for the issuance of each certificate of compliance and a thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure credits against the license tax. The revenue of these fees must be retained and expended for use in budgeted operations of the department.
(D) The Department of Revenue may impose a forty-five dollar fee for entering into installment agreements for the payment of tax liabilities to defray administrative expenses. The revenue of this fee must be retained and expended for use in budgeted operations of the department.
B. (81.5) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-377. The Department of Revenue shall maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. The revenue from the sale must be deposited to the credit of the general fund of the State after deducting the costs of confiscation and sale."
C. (81.6) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-379. The Department of Revenue may incur and pay the expense of the fee required pursuant to Internal Revenue Code Section 6402(e)(6), as required for the Federal Refund Offset Program. This fee must be paid upon certification of the department by drawing upon funds from the same tax type setoff."
D. (81.9) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-393. The Department of Revenue may contract with private entities to establish data mining and data warehousing capabilities within the department to enhance compliance and collections. These contractual arrangements may include payment from the increased revenue generated by the resulting enhanced capabilities. The department is allowed reimbursement of costs associated with administration of this section from the data warehouse generated collections and this amount may be retained and expended for budgeted operations of the department."
E. (81.10) 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new subsection at the end to read:
"(F) Temporary permits issued by the Department of Revenue pursuant to this section may be issued in all parts of a municipality if
2. This subpart takes effect July 1, 2008.
F. (81.11) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-375. The Department of Revenue may retain and expend in budgeted operations the first one hundred fifty thousand dollars in each fiscal year from its bankruptcy operations to defray its administrative costs, including staff. The remaining revenue collected by the department from this source must be remitted to the general fund of the State."
G. (81.12) Article 29, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3930. No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with regard to underpayment of state estimated individual income tax payments of the active duty income if the federal government is unable to withhold state income taxes due on such pay."
H. (81.13) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-387. The Department of Revenue shall use available personnel to conduct audits involving all taxes to promote voluntary compliance and to collect revenues for the general fund of the State and designated accounts."
A. (82.1) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-120. The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing ethics education and training programs, to include costs associated with travel, including, but not limited to, mileage, lodging, and meals, as well as, costs associated with handouts and other training materials."
B. (82.2) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-130. The State Ethics Commission may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the 'Ethics, Government Accountability and Campaign Reform Act of 1991'. The fee must be
(1) the investigator's time;
(2) mileage, meals, and lodging;
(3) the prosecutor's time;
(4) the hearing panel's travel, per diem, and meals;
(5) administrative time;
(6) subpoena costs to include witness fees and mileage; and
(7) miscellaneous costs such as postage and supplies.
This fee is in addition to any fines as otherwise provided by law."
C. (82.3) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-140. The State Ethics Commission is authorized to retain any funds derived from additional assessments associated with late filing fees to offset the costs of administering and enforcing the 'Ethics, Government Accountability, and Campaign Reform Act of 1991'. The commission is authorized to carry forward unexpended funds into the current fiscal year for the same purpose."
D. (82.4) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-150. The State Ethics Commission is authorized to carry forward unexpended lobbyists and lobbyist's principals registration fees into the current fiscal year and to use these funds for the same purpose."
A. (89.73) Article 3, Chapter 3, Title 22 of the 1976 Code is amended by adding:
"Section 22-3-330. An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department."
B. (90.3) Section 14-1-204 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:
"Section 14-1-204. (A) The one-hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the
The fifty-six percent of the one-hundred-dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:
(1) 31.52 percent to the state general fund;
(2) 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and
(4) 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and
(5) 30.00 percent to the South Carolina Judicial Department.
(B)(1) There is added to the fee imposed pursuant to Section 8-21-310(11)(a) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:
(a) Judicial Department - 67.96 percent;
(b) Commission on Indigent Defense, Defense of Indigents per capita - 14.56 percent;
(c) Department of Probation, Parole and Pardon Services - 11.30 percent;
(d) Prosecution Coordination Commission - 4.37 percent; and
(e) Commission on Indigent Defense, Division of Appellate Defense - 1.81 percent.
(2) Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified."
C. (89.72) Title 14 of the 1976 Code is amended by adding:
"Section 14-1-210. (A) Based upon a random selection process, the State Auditor shall periodically examine the books, accounts, receipts, disbursements, vouchers, and any records considered necessary of the county treasurers, municipal treasurers, county clerks of court,
If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the State's portion or the crime victim fund portion within ninety days of the audit notification.
(B) The State Auditor shall conduct these examinations and the local authority is required to participate in and cooperate fully with the
(C) Each municipality shall submit a copy of its annual audit report as provided pursuant to Section 5-7-240 without charge to both the State Treasurer's Office and the State Auditor's Office within thirty days of the report being made public. If a municipality fails to provide the copy of the annual audit within the time provided, the State Treasurer's Office may withhold the municipality's State Aid to Subdivisions Act distribution until the annual audit report is properly filed.
(D) The State Treasurer's Office and South Carolina Court Administration shall make available annually training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and court employees.
(E) The State Treasurer shall transfer, in each fiscal year, $2,000 received from the General Sessions Court pursuant to Section 14-1-206, $5,000 received from magistrates court pursuant to Section 14-1-207, and $3,000 received from municipal courts pursuant to Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court for the counties, municipalities, and court employees. The State Treasurer's Office and South Carolina Court Administration are responsible for the annual training prescribed by this section."
"(A) Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in general sessions court must pay an amount equal to one hundred107.5 percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit thirty-eight35.35 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) TheAfter deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of assessments received as follows:
(1) 47.17 42.08 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 14.74 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;
(3) .5 .45 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for to defray the costs of maintaining and operating the Hall of Fame use in its law enforcement training programs;
(4) 16.21 14.46 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 11.83 percent for the State Office of Victim Assistance;
(6) 5.34 15.39 percent to the general fund;
(7) 1.0 .89 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and
(8) .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
E. (47.11, 49.20, and 76.5) Subsections (A), (B), and (C) of Section 14-1-207 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:
"(A) Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in magistrate's court must pay an amount equal to 100107.5 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly
(C) The After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:
(1) 35.12 32.36 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 20.72 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;
(3) .65 .60 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for to defray the costs of maintaining and operating the Hall of Fame use in its law enforcement training programs;
(4) 20.42 18.82 percent for the State Office of Victim Assistance;
(5) 8.94 15.93 percent to the general fund;
(6) 11.38 10.49 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.0 .92 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand
(8) .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
F. (47.11, 49.20, and 76.5) Subsections (A), (B), and (C) of Section 14-1-208 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:
"(A) Beginning October 1, 2000, and continuously after that date, a A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in municipal court must pay an amount equal to 100107.5 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.
(B) The city treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) TheAfter deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:
(1) 15.24 14.04 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 15.07 13.89 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;
(3) .39 .36 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may
(4) 11.26 10.38 percent for the State Office of Victim Assistance;
(5) 4.11 11.53 percent to the general fund;
(6) 11.46 10.56 percent to the Office of Indigent Defense for the defense of indigents;
(7) .97 .89 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8) .59 .54 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;
(9)(a) 11.36 9.16 percent to the Department of Public Safety for the programs established pursuant to Section 56-5-2953(E); and
(b) 1.31 percent to SLED for the programs established pursuant to Section 56-5-2953(E);
(10) 14.77 13.61 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply;
(11) 14.77 13.61 percent to the Department of Juvenile Justice. The Department of Juvenile Justice must apply the funds generated by this item to offset the nonstate share of allowable costs of operating juvenile detention centers so that per diem costs charged to local governments utilizing the juvenile detention centers do not exceed
(12) .12 percent to the State Treasurer's Office to defray the administrative expenses associated with the collecting and distributing the revenue of these assessments."
G. (47.11, 49.20, and 76.5) Chapter 1, Title 14 of the 1976 Code is amended by adding:
"Section 14-1-218. From the deposits made pursuant to Section 14-1-206(C)(6), Section 14-1-207(C)(5), and Section 14-1-208(C)(5), three million two hundred thousand dollars shall be allocated to the following agencies for support of the programs specified:
(1) five hundred thousand dollars to the Department of Juvenile Justice for the Juvenile Arbitration Program;
(2) four hundred fifty thousand dollars to the Department of Juvenile Justice for the Marine Institutes;
(3) five hundred thousand dollars to the Department of Juvenile Justice for the regional status offender programs; and
(4) one million seven hundred fifty thousand dollars to the Office of Indigent Defense."
H. (47.9) Chapter 3, Title 17 of the 1976 Code is amended by adding:
"Section 17-3-55. Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget."
I. (47.12) Chapter 3, Title 17 of the 1976 Code is amended by adding:
"Section 17-3-45. (A) A person to whom counsel has been provided in any court in this State shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense.
(B) A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they
(C) In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or legal guardians of the juvenile, must be advised in writing of this requirement at the earliest stage of the proceedings against the juvenile.
(D) Nothing contained in this section restricts or hinders a court from appointing counsel in any emergency proceedings or where there is not sufficient time for an individual to complete the application process.
(E) The appointment of counsel creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays either to the appointed counsel or defender corporation of the county or counties where he is represented or to the Office of Indigent Defense. The claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least
(F) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn."
A. (26.4) Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-710. The names of persons benefiting from assistance payments under the Department of Social Services programs must be available to other state agencies if not in conflict with federal regulations."
B. (26.5) Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-715. No county shall supplement the salary of any Department of Social Services employee."
C. (26.8) Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-720. The Department of Social Services shall establish and collect accounts receivable in accordance with appropriate and applicable federal regulations."
D. (26.14) 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1641. Notwithstanding the provisions of Section 20-7-1640, the department is authorized to pay from funds appropriated for foster care the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected, and licensed by the department."
2. This subpart takes effect July 1, 2008.
(73.1)A. Section 8-11-260 of the 1976 Code is amended by adding an item at the end to read:
"(k) staff of the Lieutenant Governor's Office who report directly to the Lieutenant Governor."
B. Section 8-17-370 of the 1976 Code is amended by adding a new item at the end to read:
"(19) employees of the Lieutenant Governor's Office if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor."
Section 43-21-10. There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities.
Section 43-21-20. The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.
The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council.
Section 43-21-30. Reserved.
Section 43-21-40. The division shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of
The division shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program.
It shall also be the duty of the division to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging.
Without limiting the foregoing, the division is specifically authorized to:
(a) Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging.
(b) Promote community education in the problems of older people through institutes, publications, radio, television, and the press.
(c) Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging.
(d) Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging.
(e) Serve as a clearinghouse for information in the field of aging.
(f) Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation.
(g) Engage in any other activity deemed necessary by the division to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State;
(h) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer.
(i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services;
(j) designate area agencies on aging as required by the Older Americans Act;
(k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.
Section 43-21-45. The Lieutenant Governor's Office, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network.
Section 43-21-50. The division may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.
Section 43-21-60. The division shall submit an annual report to the Lieutenant Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year.
Section 43-21-70. The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240.
Section 43-21-80. The director shall appoint any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefore in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements.
Section 43-21-100. The division shall prepare the budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval.
Section 43-21-110. The General Assembly shall provide an annual appropriation to carry out the work of the Commission.
Section 43-21-120. There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department of Mental Health, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services, the Director of the Department of Alcohol and Other Drug Abuse Services, and the Chairperson of the Commission on Women.
The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.
Section 43-21-130. (A) There is created the Long-Term Care Council (council) composed of the following voting members:
(1) the Lieutenant Governor or his designee;
(2) the Director of the Department of Social Services;
(3) the Director of the Department of Health and Environmental Control;
(4) the Director of the Department of Mental Health;
(5) the Director of the Department of Disabilities and Special Needs;
(6) the Director of the Division on Aging;
(7) the Director of the Department of Health and Human Services;
(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;
(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;
(10) one representative of each of the following groups appointed by the Lieutenant Governor annually:
(a) long-term care providers;
(b) long-term care consumers;
(c) persons in the insurance industry developing or marketing a long-term care product.
(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Lieutenant Governor to represent private groups serve without compensation.
(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.
Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:
(1) charges based on ability to pay for persons not eligible for Medicaid;
(2) coordination of community services;
(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;
(4) case management; and
(5) discharge planning and services.
The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives.
Section 43-21-150. The Division on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and
(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.
This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.
Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Division on Aging.
(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.
(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.
(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.
(E) The South Carolina Division on Aging shall carry out all activities necessary to administer the fund.
Section 43-21-170. In administering the Eldercare Trust Fund, the division may, but is not limited to:
(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;
(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;
(3) solicit proposals for programs that are aimed at meeting identified service needs;
(4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;
(5) establish criteria for awarding grants; and
(6) enter into contracts for the awarding of grants to public and private nonprofit organizations.
Section 43-21-180. Funds deposited in the trust fund and all earnings from the investment of these funds, after allowances for operating expenses, are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division.
Section 43-21-190. There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:
(1) identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;
(2) make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;
(3) arrange educational forums to explore issues related to older South Carolinians;
(4) promote good government for all South Carolinians.
The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc., in coordination with the state's network of aging programs.
The nonpartisan model legislature shall conduct its general assembly annually.
Section 43-21-200. (A) There is established within the Division of Aging the State Loan Repayment Program to reimburse student loan
(B)(1) To assist the division in selecting program participants, there is established the Physician Advisory Board to review applicants for the repayment reimbursement program. The board consists of five members, one each appointed by the division to represent:
(a) the South Carolina Medical Association;
(b) the South Carolina Commission on Higher Education;
(c) the Medical University of South Carolina;
(d) the School of Medicine of the University of South Carolina;
(e) a fellow in geriatrics or geropsychiatry.
Board members serve at the pleasure of the division and without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of boards, committees, and commissions, to be paid from approved accounts of the division.
(2) The board shall meet as necessary to review program applications and from among these applications recommend program candidates to the division. No physician may participate in the program who has not been recommended by the board. In considering applications, the board shall consider demonstrable need and make every effort to select those who intend to continue to practice in this State after completing the program. In order of priority in considering applicants for the program, the board shall consider first South Carolina natives completing fellowship programs in this State, then out-of-state applicants completing fellowships in this State, then South Carolina natives completing out-of-state fellowship programs, and finally out-of-state applicants completing out-of-state fellowships.
(C)(1) A physician accepted for the program shall execute a contract with the division in which the physician agrees:
(a) to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship;
(b) to accept Medicare and Medicaid patients;
(c) to accept reimbursement or contractual binding rates; and
(d) not to discriminate against patients based on the ability to pay.
(2) Upon execution of the contract, the division shall reimburse student loan payments made by the physician during the last completed
(D) If the division determines that the physician is not in compliance with the contract, it shall refer this matter to the Physicians Advisory Board, which shall recommend an appropriate penalty which may be imposed by the division for noncompliance, which must be an amount not to exceed three times the total of reimbursement received plus interest at the prime rate plus ten percent calculated from the date noncompliance was determined.
(E) The division shall prescribe the form of applications and the procedures for reimbursement and may require such information and documentation as it determines appropriate for these applications and reimbursements.
(F) The General Assembly, in the annual general appropriations act, shall appropriate the funds necessary for the operation of the State Loan Repayment Program."
D. 1. Section 9-1-10(11)(g) of the 1976 Code, as last amended by Act 389 of 2000, is further amended to read:
"(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office."
2. Section 9-1-10(14) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state- supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office."
3. Section 1-11-720(A)(9) of the 1976 Code is amended to read:
"(9) local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office;"
4. This subpart takes effect July 1, 2008.
A. (68A.8) 1. Section 57-5-720 of the 1976 Code is amended by adding a paragraph at the end to read:
"In recognition of budgetary restraints, the Department of Transportation, its commission, officers and employees, are granted the discretionary authority to relax design and construction standards with respect to highway projects in the secondary state highway system. The exercise of the discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers or employees."
2. This subpart takes effect July 1, 2008.
B. (68A.13) 1. Section 57-3-130(A) of the 1976 Code is amended to read:
"(A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees Fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes. The department may charge the following rates for oversize or overweight permits and licenses:
Single Trip $ 30.00
Excessive Width Over 16 feet $ 35.00
Excessive Width Over 18 feet $ 40.00
Excessive Width Over 20 feet $ 45.00
Excessive Width Over 22 feet $ 50.00
Multiple Trip (Annual) $ 100.00
House Moving License (Annual) $ 100.00
Superload Application (Non-Refundable) $ 100.00
Superload Engineer Analysis
Over 130,000 pounds $ 100.00
Superload Engineer Analysis
Over 200,000 pounds $ 200.00
Superload Engineer Analysis
Over 300,000 pounds $ 350.00
Superload Impact Fee for Loads
Over 130,000 pounds $ 3.00/1,000 pounds
Administration Fee for Prorating
Active Annual Permits $ 10.00
Administration Fee for Road
Machinery Permits $ 10.00
2. Section 57-3-150(A) of the 1976 Code is amended to read:
"(A) The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is as delineated in the fee schedule in Section 57-3-130(A) fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed."
3. This subpart takes effect July 1, 2008.
A. (50.3) 1. Chapter 23, Title 23 of the 1976 Code is amended by adding:
"Section 23-23-120. Notwithstanding any other provision of law, revenue received from the sale of meals to employees and students
2. This subpart takes effect July 1, 2008.
A. (53.5) Section 20-7-6850 of the 1976 Code is amended by adding a paragraph at the end to read:
"All revenues generated from United States Department of Agriculture grants, the Education Finance Act, the Detention Center, and Medicaid federal funding may be retained, carried forward, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with related programs."
B. (53.12 and 53.16) 1. Section 20-7-7810 of the 1976 Code is amended by adding two subsections at the end to read:
"(G) After having served at least two-thirds of the time ordered by a court, a child committed to the Department of Juvenile Justice for a determinate period pursuant to this section may be released by the department prior to the expiration of the determinate period for 'good behavior' as determined by the department. The court, in its discretion, may state in the order that the child is not to be released prior to the expiration of the determinate period ordered by the court.
(H) Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center for the offense for which they were subsequently committed by the Family Court to the custody of the Department of Juvenile Justice shall receive credit toward their parole guidelines, if indeterminately sentenced, or credit
2. This subpart takes effect July 1, 2008.
C. (53.17) 1. Section 20-7-6855(C) of the 1976 Code is amended to read:
"(C) Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State. Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled 'Education Finance Act'. The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation of the department's twelve-month continuous progress education program using a base of two hundred thirty-five instructional days instead of one hundred ninety instructional days. The amount includes, but is not limited to, all funding for teacher salary supplements, instructional purposes, or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress educational program. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."
2. This subpart takes effect July 1, 2008.
D. (53.19) Section 20-7-8005 is amended to read:
"Section 20-7-8005. From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in
A. (76.6) 1. Section 27-18-180 of the 1976 Code is amended by adding a subsection at the end to read:
"(F) Notwithstanding Section 27-18-190, the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by this section by electronic means or at least once in a newspaper of general circulation in the county in this State which is the last known address of any person named in the notice."
2. This section takes effect July 1, 2008.
B. (76.8) 1. Section 11-5-120 of the 1976 Code is amended to read:
"Section 11-5-120. The Treasurer shall publish, quarterly, by electronic means and in a manner that allows for public review, in one daily paper in the city of Columbia a statement showing the amount of money on hand and in what banks financial institution it is deposited and the respective funds to which it belongs."
2. This subpart takes effect July 1, 2008.
A. (35.4) 1. Section 46-25-210(A) of the 1976 Code is amended to read:
"(A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.
(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its
Tonnage Volume of
Registrant License Fee
0-5,000 tons Fifty One hundred dollars
5,001-25,000 tons One hundred Two hundred dollars
More than 25,000 tons Two hundred Four Hundred dollars
A new registrant shall pay a license fee of fifty one hundred dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.
(2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product."
2. Section 46-25-820 of the 1976 Code is amended to read:
"Section 46-25-820. On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the twenty-five fifty cents a ton inspection tax a combined annual registration fee and inspection tax of thirty sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of thirty sixty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810."
3. Sections 46-26-50 and 46-26-60 are amended to read:
"Section 46-26-50. Any person desiring to become a distributor as defined in this chapter shall before engaging in such business, make application to the commission on application forms furnished by the commission for a permit to do business in South Carolina. Each
Section 46-26-60. (a) Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on forms furnished or approved by the commission or its duly authorized representative and shall be accompanied by a fee of ten twenty dollars per product. Upon approval by the commission or its duly authorized representative, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June thirtieth of each year.
(b) A distributor shall not be required to register any brand of agricultural liming material if it has been duly registered under this chapter by another person, providing the label does not differ in any respect."
4. Sections 46-13-50(A) and 46-13-60 of the 1976 Code are amended to read:
"A. (1) After October 21, 1976, no person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this chapter. A separate license and fee shall be obtained for each establishment from which restricted use pesticides are distributed, sold, held for sale, or offered for sale directly to the user or for resale.
(2) Applications for a pesticide dealer license shall be in the form and shall contain the information prescribed by the Director. Each initial application shall be accompanied by a fee of twenty-five fifty dollars; additional license for applicants at the same location shall be five ten dollars per applicant. All licenses issued under this chapter shall expire on December thirty-first of the year for which they are issued.
(3) The license for a pesticide dealer may be renewed annually upon application to the Director accompanied by a fee of twenty-five fifty dollars for each license, on or before the first day of January of the calendar year for which the license is issued.
(4) Every licensed pesticide dealer who changes his address or place of business shall notify the Director within ten days.
(5) The Director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to conduct the business described in the application for the calendar year for which the license is issued, unless the license is sooner revoked or suspended.
(6) If an application for renewal of a pesticide dealer license is not filed on or prior to January first of any one year an additional fee of twenty-five percent of the original fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued; provided, that such additional fee shall not apply if the applicant furnishes an affidavit that he has not operated as a licensed pesticide dealer subsequent to the expiration of his prior license.
Section 46-13-60. The director may prescribe standards for the certification of applicators of pesticides. The standards must conform with the standards for certification as specified by Section 4, Public Law 92-516. The standards for certification of private applicators of restricted use pesticides do not become effective except as becomes necessary under Section 4, Public Law 92-516 and the resulting regulations established under that law.
(1) Private applicators:
(a) No 'private applicator' may use or supervise the use of a 'restricted use pesticide' which is restricted to use by 'certified applicators' without that private applicator first complying with the certification requirements necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.
(b) Certification standards to determine the individual's competency with respect to the use of the pesticide or class of pesticides the private applicator is to be certified to use must be promulgated by the director.
(i) To be certified as a private applicator to use 'restricted use pesticides' (categorized for this examination requirement) the applicant is required to pass a written or oral examination or otherwise demonstrate his competency with respect to the use of the pesticide or category of pesticides covered by his certification before purchase and use of the product.
(ii) Applications for a private applicator's license must be in the form and must contain the information prescribed by the director.
(iii) Private applicator licenses, issued by the director, are valid for a period as prescribed by the director in regulations. The director may renew a private applicator license without reexamination. The director by regulation shall establish provisions, which do not include reexamination unless required to do so by federal law, to ensure that private applicators continue to meet the requirements of changing technology and to ensure a continuing level of competence and ability to use pesticides safely and properly.
(iv) If the director does not issue or renew a private applicator's license, he shall inform the applicant in writing of the reasons therefor. The applicant is eligible for reexamination after thirty days.
(2) Other applicators:
(a) Application for a license must be made in writing to the director on a designated form obtained from the director's office. Each application for a license must contain information regarding the applicant's qualifications and proposed operations, the type of license (commercial or noncommercial), the license classification for which the applicant is applying, and must include the following:
(i) the full name of the person applying for the license;
(ii) the principal business address of the applicant in the State and elsewhere;
(iii) the name and address of a person, who may be the Secretary of State, whose domicile is in the State, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant;
(iv) the type of equipment (excluding manually powered equipment) used by the applicant to apply pesticides.
(b) The director may not issue a commercial or noncommercial applicator's license until the individual who uses or supervises the use of a restricted use pesticide is certified by passing an examination to demonstrate to the director his knowledge of how to use and supervise the use of pesticides under the classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply under those classifications.
(c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section
(d) An applicator license issued to an individual representing a government entity or a corporation, partnership, sole proprietorship, or other juridical person, is valid only so long as that individual satisfying the examination requirement of Section 46-13-60(2)(b) is employed by the business, or is an official or employee of the governmental entity. A licensee shall notify the director within thirty days of the date of invalidation of a license pursuant to this provision. Supervision required by a licensee pursuant to this chapter must be performed only by an individual satisfying the examination requirement of Section 46-13-60(2)(b).
(3) All persons:
(a) No person (including officials or employees of federal, state, or local government) may use or supervise the use of a restricted use pesticide without a private, commercial, or noncommercial applicator license issued by the director.
(b) An annual fee of twenty-five fifty dollars for each pesticide applicator's license issued to each office at which records relative to the sale or application of pesticides are maintained is required. Payment of this annual fee permits the certification of one individual under any or all of the classifications. A five dollar annual fee is required to certify each additional applicant who desires to be certified in any one classification. Noncommercial applicators are exempt from all fee requirements.
(c) If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons for the denial.
(d) An applicant is eligible for reexamination after thirty days.
(e) The license of an applicator whose financial responsibility, as required by Section 46-13-100 lapses, expires, or otherwise ceases to comply is suspended automatically until proof of continuing
5. Chapter 25, Title 46 of the 1976 Code is amended by adding:
"Section 46-25-825. Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission, a copy of the registration shall be furnished to the applicant. All registrations expire on June thirtieth of the following year. Each manufacturer shall submit to the Commission a copy of labels and advertising literature with the registration request for each soil amendment."
6. This subpart takes effect July 1, 2008.
A. (40.13) 1. Section 12-10-95 of the 1976 Code is amended by adding a subsection at the end to read:
"(I) The council may establish an annual renewal fee of five hundred dollars to be shared equally with the department for administrative, data collection, reporting, and other obligations of this chapter."
2. Section 12-10-100(B) of the 1976 Code is amended to read:
"(B) The council shall establish an application fee schedule, not to exceed two four thousand dollars for each qualifying business, for undertaking the provisions of this chapter. Of that amount, five hundred dollars shall be shared with the department. The council shall also establish an annual renewal fee of five hundred dollars to be shared equally with the department. The State Treasurer shall establish an account for these fees which must be expended by the council only for meeting administrative, data collection, credit analysis, cost/benefits analysis, reporting, and any other obligations pursuant to this chapter. This account may retain funds for expenditure in the next fiscal year only for purposes enumerated in this section."
3. This subpart takes effect July 1, 2008.
"Section 13-1-50. The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The department may undergo an Agreed Upon Procedures audit in lieu of having audited financial statements. The audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the fiscal year. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds."
2. This subpart takes effect July 1, 2008.
C. (40.13 and 40.24) 1. Section 12-10-85 of the 1976 Code is amended to read:
"Section 12-10-85. (A) Funds received by the department for the State Rural Infrastructure Fund must be deposited in the State Rural Infrastructure Fund of the Council. The fund must be administered by the council for the purpose of providing financial assistance to local governments for infrastructure and other economic development activities including, but not limited to:
(1) training costs and facilities;
(2) improvements to regionally planned public and private water and sewer systems;
(3) improvements to both public and private electricity, natural gas, and telecommunications systems including, but not limited to, an electric cooperative, electrical utility, or electric supplier described in Chapter 27 of Title 58; or
(4) fixed transportation facilities including highway, rail, water, and air.
The Council may retain up to five percent of the revenue received for the State Rural Infrastructure Fund for administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations.
(B) Rural Infrastructure Fund grants must be available to benefit counties or municipalities designated as 'distressed' or 'least developed' as defined in Section 12-6-3360 according to guidelines established by the council, except that up to twenty-five percent of the
(C) For the purposes of this section, 'local government' means a county, municipality, or group of counties organized pursuant to Section 4-9-20(a), (b), (c), or (d).
(D) The council shall submit a report to the Governor and General Assembly by March fifteenth covering activities for the prior calendar year.
(E) The department shall retain unexpended or uncommitted funds at the close of the State's fiscal year of the State and expend the funds in subsequent fiscal years for like purposes."
2. This subpart takes effect July 1, 2008.
A. (89.41) Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-210. Notwithstanding any other provision of law, all state agencies, institutions, colleges and universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property, including any commission received for allowing the placement or location of pay telephones on public property. Public property means any and all property occupied or under the control of a state agency, institution, college or university. The State shall forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates charged by vendors for the use of those telephones must be reduced to reflect this foregone state revenue."
B. (89.84) 1. Section 23-1-60 of the 1976 Code is amended to read:
"Section 23-1-60. (A) The Governor may, at his discretion, appoint such additional deputies, constables, security guards, and detectives as he may deem deems necessary to assist in the detection of crime and the enforcement of any the criminal laws of this State,. The qualifications, salaries, and expenses of such these deputies, constables, security guards, and detectives appointed are to be determined by and paid as provided for by law. Appointments by the Governor may be made hereunder pursuant to this section without compensation from the State. Any Appointments of deputies, constables, security guards, and detectives made without compensation from the State may be revoked by the Governor at his pleasure.
(B) All appointments of deputies, constables, security guards, and detectives hereunder appointed pursuant to this section without compensation shall expire sixty days after the expiration of the term of the Governor making such the appointment. Each Governor shall reappoint all deputies, constables, security guards, and detectives who are regularly salaried as provided for by law within sixty days after taking office unless such the deputy, constable, security guard, or detective is discharged with cause as provided for by law.
(C) All persons appointed under pursuant to the provisions of this section shall be are required to furnish evidence that they are knowledgeable as to the duties and responsibilities of a laws-enforcement law enforcement officer or shall be are required to take such undergo training in this field as may be prescribed by the Chief of the South Carolina Law-Enforcement Law Enforcement Division.
(D) A voluntary deputy, constable, security guard, or detective appointed pursuant to this section, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division."
2. This subpart takes effect July 1, 2008.
C. (90.2) Chapter 1, Title 14 of the 1976 Code is amended by adding:
"Section 14-1-212. (A) In addition to all other assessments and surcharges, a twenty-five dollar surcharge is imposed on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates or municipal court for
(B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain in a fiscal year the actual cost associated with the collection of this surcharge not to exceed forty thousand dollars. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows:
(a) 18.50 percent quarterly to the Prosecution Coordination Commission for allocations to circuit solicitors in the manner provided pursuant to this subsection for the operations of solicitors' offices, a portion of which, at the option of a solicitor, may be used for drugs courts in the judicial circuit;
(b) 22.10 percent to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses;
(c) 15 percent to the State Law Enforcement Division for its general purposes;
(d) 15 percent to the Department of Corrections for its general purposes;
(e) 3.75 percent to the Attorney General's Office for its general purposes;
(f) 8.56 percent to the Judicial Department for its general purposes;
(g) 1.55 percent to the Department of Natural Resources for statewide police responsibilities;
(h) 1 percent to the Office of Indigent Defense, Division of Appellate Defense for its general purposes;
(i) 0.10 percent to the Forestry Commission for statewide police responsibilities; and
(j) 14.44 percent to the Department of Public Safety for the Highway patrol Division for equipment, vehicle purchases, and associated vehicle expenses, including maintenance and gasoline.
(2) The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which then shall apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States Census. Amounts generated by this section for use by solicitors' offices must be in addition to any
(C) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."
D. 1. Chapter 9, Title 6 of the 1976 Code is amended by adding:
"Section 6-9-135. Notwithstanding any other provision of law, including specifically any temporary provisions in the general appropriations act for fiscal year 2008-2009, coastal counties and municipalities may adopt by reference or otherwise the provisions in the 2006 International Residential Code (IRC) necessary to prevent properties insured by the National Flood Insurance Program (NIFP) being retrograded to a lower class for purposes of the flood insurance premium discounts allowed jurisdictions participating in the NFIP's community rating system."
2. This subpart takes effect upon approval of this act by the Governor.
SECTION 3. The numbers in parenthesis following the individually lettered subparts in each Part of Section 1 of this act are references to paragraphs in Part IB of the general appropriations act of 2008 for fiscal year 2008-2009, and are for purposes of identification only.
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. The purpose of this, the Budget Proviso Codification Act, is to enact into permanent law temporary provisions that are reenacted annually in the annual general appropriations act. With respect to the imposition of fees and assessments, this act must not be
SECTION 6. An act of 2008 bearing ratification number 293, the general appropriations act for fiscal year 2008-2009, is amended effective July 1, 2008, in Part IB, by deleting paragraphs 80A.3 and 80A.38 in their entirety.
SECTION 7. A. Section 56-3-8000(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:
"(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
B. This subsection takes effect July 1, 2008.
SECTION 8. If any part, subpart, 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 part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, subparts, sections, subsections, paragraphs, subparagraphs, sentences, clauses,
SECTION 9. Except as otherwise provided, this act takes effect July 1, 2009. /
Amend title to conform.
/s/Hon. John C. Land III /s/Hon. Annette D. Young /s/Hon. Robert W. Hayes, Jr. /s/Hon. Gilda Cobb-Hunter /s/Hon. Thomas C. Alexander /s/Hon. J. Gary Simrill On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
On motion of Senator VERDIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator VERDIN spoke on the report.
On motion of Senator VERDIN, the Report of the Committee of Conference to S. 1150 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-13-1630 of the 1976 Code is amended to read:
"Section 50-13-1630. (A) A person may not possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State or release into the waters of this State the following fish or eggs of the fish:
(1) carnero or candiru catfish (Vandellia cirrhosa);
(2) freshwater electric eel (Electrophorus electricus);
(3) white amur or grass carp (Ctenopharyngodon idella);
(4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera);
(5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera);
(6) stickleback;
(7) Mexican banded tetra;
(8) sea lamprey;
(9) rudd (Scardinius erythrophtalmu-Linneaus); and
(10) snakehead (all members of family Channidae).
(B) The department may issue special import permits to qualified persons for research and education only.
(C)(1) The department may issue special permits for the stocking of nonreproducing sterile white amur or grass carp hybrids in the waters of this State. The special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing.
(2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies.
(D) The department may issue special permits for the importation, breeding, and possession of nonsterile white amur or grass carp hybrids. The permits must be issued pursuant to the requirements contained in Chapter 18 of this title. Provided, however, that no white amur or grass carp hybrids imported, bred, or possessed pursuant to a special permit issued pursuant to this section may be stocked in the waters of this State except as provided in subsection (C) of this section.
(D)(E) It is unlawful to take grass carp from waters stocked as permitted by this section. Grass carp caught must be returned to the water from which it was taken immediately.
(E)(F) The department must prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a special permit is issued. The department must condition all permits issued under this section to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to read:
/ TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH
/s/Hon. Danny Verdin /s/Hon. Harold Mitchell, Jr. /s/Hon. George E. "Chip" Campsen /s/Hon. Jeff Duncan /s/Hon. Kent Williams /s/Hon. Michael A. Pitts On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS
Received as information.
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
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., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Delleny, Duncan and Vick to the Committee of Conference on the part of the House on:
H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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
Received as information.
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
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., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. G. M. Smith, Rutherford, and Herbkersman to the Committee of Conference on the part of the House on:
H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 4, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. G. R, Smith, Duncan, and Miller to the Committee of Conference on the part of the House on:
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF
Received as information.
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3993 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-125. The opening day of the annual major league baseball season each year is designated as 'Historic Baseball Leagues Day' in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Senator John Courson /s/Representative Jeff Duncan /s/Senator Larry Martin /s/Representative G.R. Smith /s/Senator Gerald Malloy /s/Representative Vida Miller On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTIONS 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator FAIR proposed the following amendment (AGM\19279MM08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 24-3-20(A) of the 1976 Code is amended to read:
"(A) A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a regional, county, or municipal jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff or facility manager of the county or municipal administrator, or the equivalent, where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."
SECTION __. Section 24-3-27(B) of the 1976 Code is amended to read:
"(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section,
SECTION __. Section 24-3-30(A) and (B) of the 1976 Code is amended to read:
"(A) Notwithstanding any other provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a regional, county, or municipal jail or work prison camp, whether maintained by the Department of Corrections, or some other entity. However, the consent of the officials in charge of any regional, county, or municipal institutions so designated must be obtained first. If the facility is not maintained by the department, the consent of the sheriff or facility manager of the county or municipal administrator, or the equivalent, where the facility is located must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections must be notified by the governing body concerned not less than six months before the closing of a local detention facility which would result in the transfer of those state prisoners confined in the local facility to facilities of the department.
(B) To the greatest extent possible when making a determination of institutional assignment, The the department shall consider must place proximity to the home of a person convicted of an offense against the State in designating the a place of his confinement in close proximity to his home unless if this placement does not jeopardize jeopardizes security as determined by the department or the inmate objects to the consideration of proximity to his home in making his assignment. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment."
SECTION __. Section 24-3-40 of the 1976 Code is amended to read:
"Section 24-3-40. (A) Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. If the prisoner is serving a sentence in a local facility pursuant to a designated facilities agreement or in a local work/punishment program, should a county voluntarily wish to operate one, the same provisions for payment directly to the official in charge of the facility apply if the facility has the means to account for these monies in the same manner as the director of the Department of Corrections.
The Directordirector of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:
(1) If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.
(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then one half of the twenty percent referred to in subsectionsubitem (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community, and the remaining one half must be retained by the department to support services provided by the department to victims of the incarcerated population. At the close of the fiscal year, any excess funds not expended by the department to support victim services shall revert to the victim assistance programs account mandated in Section 24-3-40(A)(2). The department is directed to provide an accounting to the Senate Finance Committee and the House Ways and Means Committee of how the retained funds were expended and the services that were provided by September first each year. If the prisoner is
(3) Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection subitem (4).
(4) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.
(5) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.
(6) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection subitem (4).
(B) The Department of Corrections or local facility, if applicable, shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:
(1) A prisoner released without community supervision must be given his escrowed wages upon his release.
(2) A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.
(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing
SECTION __. Section 24-3-50 of the 1976 Code is amended to read:
"Section 24-3-50. The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, including a local facility, shall be deemed is an escape from the custody of the Department of Corrections and is punishable as provided in Section 24-13-410."
SECTION __. Section 24-3-60 of the 1976 Code is amended to read:
"Section 24-3-60. The county clerks of the courts court of general sessions and common pleas of the several counties in this State shall immediately after upon the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections of the number of convicts prisoners sentenced by the court to imprisonment in the penitentiary state prison system. The department, as soon as it receives such notice, shall send a suitable number of guards employees to convey such convicts transfer the prisoners to the penitentiary state prison system."
SECTION __. Section 24-3-70 of the 1976 Code is amended to read:
"Section 24-3-70. No sum beyond the actual expenses incurred in conveying such convicts transferring prisoners to the penitentiary shall Department of Corrections must be allowed for such these services. Such This sum shall must be paid to the department by the State Treasurer upon the warrant of the Comptroller General."
SECTION __. Section 24-3-80 of the 1976 Code is amended to read:
"Section 24-3-80. The director of the prison system shall admit and detain in the Department of Corrections for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary state prison system."
SECTION __. Section 24-3-81 of the 1976 Code is amended to read:
"Section 24-3-81. No A prisoner who is incarcerated within the state prison system or who is being detained in a local jail, local detention facility, local correctional facility, or local prison camp, whether awaiting a trial or serving a sentence, is not shall be permitted to have conjugal visits, as defined by the department, except pursuant to written guidelines and procedures promulgated by the department."
SECTION __. Section 24-3-130(A) of the 1976 Code is amended to read:
"(A) The State Department of Corrections may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality, or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public, he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section."
SECTION __. Section 24-3-131 of the 1976 Code is amended to read:
"Section 24-3-131. The Department of Corrections shall determine whether an agency permitted to utilize convict inmate labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts inmates. In all cases the Department of Corrections shall be responsible for adequate supervision of the inmates."
SECTION __. Section 24-3-140 of the 1976 Code is amended to read:
"Section 24-3-140. The Directordirector of the Department of Corrections shall, when called upon by the keeper of the State House and Grounds, furnish such convict inmate labor as he may need to keep the State House and Grounds in good order."
SECTION __. Section 24-3-160 of the 1976 Code is amended to read:
"Section 24-3-160. Any An institution of this State getting convicts inmates from the State Penitentiary Prison System by any act or joint resolution of the General Assembly shall be is required to pay to the Directordirector of the Department of Corrections all moneys expended by him for transportation, guarding, clothing, and feeding such convicts the inmates while working for such the institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents pereach month for the work of each convictinmate so employed."
SECTION __. Section 24-3-170 of the 1976 Code is amended to read:
"Section 24-3-170. Clemson University shall pay to the State Department of Corrections hire a fee for all convicts inmates used by the college at the rate of six dollars pereach month and shall pay the cost of clothing, feeding, and guarding such convicts the inmates while so used and also the transportation of such convicts the inmates and guards employees back and forth from the penitentiary prison to the university."
SECTION __. Section 24-3-180 of the 1976 Code is amended to read:
"Section 24-3-180. Whenever a convict shall be an inmate is discharged from the penitentiary a state prison, the State Department of Corrections shall furnish such convict the inmate with a suit of common clothes, if deemed necessary, and transportation from the penitentiary prison to his home or as near thereto to it as can be done by public conveyances. The cost of such transportation and clothes shall must be paid to by the State Treasurer, on the draft of the department, countersigned by the Comptroller General."
SECTION __. Section 24-3-190 of the 1976 Code is amended to read:
"Section 24-3-190. The balance in the hands of the State Department of Corrections at the close of any year, together with all other amounts received or to be received from the hire of convicts inmates or from any
SECTION __. Section 24-3-310 of the 1976 Code is amended to read:
"Section 24-3-310. Since the means now provided for the employment of convict prison labor is inadequate to furnish a sufficient number of convicts inmates with employment, it is the intent of this article to:
(1) further provide more adequate, regular, and suitable employment for the convicts inmates of this State, consistent with proper penal purposes;
(2) further utilize the labor of convicts inmates for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;
(3) effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits therefrom; and
(4) provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution."
SECTION __. Section 24-3-320 of the 1976 Code is amended to read:
"Section 24-3-320. The State Department of Corrections may purchase, in the manner provided by law, equipment, raw materials, and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convictsinmates in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by this State and the its political subdivisions thereof."
SECTION __. Section 24-3-330(A) of the 1976 Code is amended to read:
"(A) All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict inmate labor in this State or another state as provided for by
SECTION __. Section 24-3-340 of the 1976 Code is amended to read:
"Section 24-3-340. Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution, or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier."
SECTION __. Section 24-3-370 of the 1976 Code is amended to read:
"Section 24-3-370. The articles or products manufactured or produced by convict inmate labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products."
SECTION __. Section 24-3-400 of the 1976 Code is amended to read:
"Section 24-3-400. All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by convict inmate labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated 'Prison Industries Account', and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the State Budget and Control Board, all of which must be under the direction and subject to the approval of the Directordirector of the State Department of Corrections. The Department of Corrections shall contribute an amount of not less than
SECTION __. Section 24-3-420 of the 1976 Code is amended to read:
"Section 24-3-420. Any person who wilfully violates any of the provisions of this article other than Section 24-3-410 shall be is guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten dollars nor more than five hundred dollars, or both, in the discretion of the court."
SECTION __. Section 24-3-520 of the 1976 Code is amended to read:
"Section 24-3-520. The sheriff of facility manager who has custody of an inmate for the county in which such convicted person the inmate is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall transfer the inmate as soon as practical convey such convicted person to the custody of the Department of Corrections at a place designated by its director State Penitentiary at Columbia to deliver him to the Director of the Department of Corrections not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction."
SECTION __. Section 24-3-540 of the 1976 Code is amended to read:
"Section 24-3-540. The Department of Corrections shall provide a death chamber and all necessary appliances for inflicting such this
SECTION __. Section 24-3-550(A)(5) of the 1976 Code is amended to read:
"(5) the counsel for the convict inmate and a religious leader. However, the convict inmate may substitute one person from his immediate family for either his counsel or a religious leader, or two persons from his immediate family for both his counsel and a religious leader. For purposes of this item, "immediate family" means those persons eighteen years of age or older who are related to the convict inmate by blood, adoption, or marriage within the second degree of consanguinity."
SECTION __. Section 24-3-560 of the 1976 Code is amended to read:
"Section 24-3-560. The executioner and the attending physician shall certify the fact of such execution to the clerk of the court of general sessions in which such the sentence was pronounced. Such The certificate shall be filed by the clerk with the papers in the case."
SECTION __. Section 24-3-570 of the 1976 Code is amended to read:
"Section 24-3-570. The body of the person executed shall must be delivered to his relatives. If no claim is made by relatives for such the body, it shall must be disposed of in the same manner as bodies of convicts dying inmates who die in the State Penitentiary Prison System. If the nearest relatives of a person so executed desire that the body be carried transported to such the person's former home, if in the State, the expenses for such this transportation shall must be paid by the Penitentiary authorities, who shall draw their warrant upon the county treasurer of the county from which such convict came and such county treasurer shall pay such expenses and charge to the item of court expenses State Prison System."
SECTION __. Section 24-3-710 of the 1976 Code is amended to read:
"Section 24-3-710. The director may investigate any misconduct occurring in the State Prison System, provide suitable punishment therefor and execute it, and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution institutions. The director may suppress any disorders, riots, or insurrections that may take place in the penitentiary prison system
SECTION __. Section 24-3-720 of the 1976 Code is amended to read:
"Section 24-3-720. In order to suppress any disorders, riots, or insurrection among the prisoners, the Directordirector of the Department of Corrections may require the aid and assistance of any of the citizens of the State."
SECTION __. Section 24-3-740 of the 1976 Code is amended to read:
"Section 24-3-740. Any person so aiding and assisting the Directordirector of the Department of Corrections shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account."
SECTION __. Section 24-3-750 of the 1976 Code is amended to read:
"Section 24-3-750. If, in suppressing any such a disorder, riot, or insurrection, any a person who shall be is acting, aiding, or assisting in committing the same shall be is wounded or killed, the Directordirector of the Department of Corrections, the keeper or any a person aiding or assisting him shall must be held as justified and guiltless."
SECTION __. Section 24-3-760 of the 1976 Code is amended to read:
"Section 24-3-760. In the absence of the Directordirector of the Department of Corrections, the keeper shall have has the same power in suppressing disorders, riots, and insurrections and in requiring aid and assistance in so doing that is herein given to the director."
SECTION __. Section 24-3-920 of the 1976 Code is amended to read:
"Section 24-3-920. The Directordirector of the Department of Corrections shall offer a reward of one hundred dollars for the capture of each escaped convict inmate."
SECTION __. Section 24-3-930 of the 1976 Code is amended to read:
"Section 24-3-930. All guards, keepers, employeesofficers, and other officers employees who are employed at the Penitentiary shall be State
SECTION __. Section 24-3-940 of the 1976 Code is amended to read:
"Section 24-3-940. No gambling shall be Gambling is not permitted at any a prison, farm, or camp where prisoners are kept or worked. Any An officer or employee engaging in, or knowingly permitting, gambling at any such a prison, farm, or camp shall must be immediately dismissed immediately."
SECTION __. Section 24-3-951 of the 1976 Code is amended to read:
"Section 24-3-951. Effective July 1, 1995, notwithstanding Section 24-3-956 and any other provision of law, United States currency or money, as it relates to use within the state prison system, is declared contraband and shall be must not be utilized as a medium of exchange for barter or financial transaction between prisoners or prison officials and prisoners within the state prison system, except prisoners on work release or in other community based programs. Inmates must not possess United States currency. All financial disbursements to prisoners or mediums of exchange between prisoners and between the prison system and prisoners shall be transacted with a system of credits."
SECTION __. Section 24-3-965 of the 1976 Code is amended to read:
"Section 24-3-965. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, 24-3-950, and 24-7-155, the offenses of furnishing contraband, other than weapons or illegal drugs, to a prisoner an inmate under the jurisdiction of the Department of Corrections or to a prisoner an inmate in a county jail, regional detention facility, municipal jail, prison camp, work camp, or overnight lockup facility, and the possession of contraband, other than weapons or illegal drugs, by a prisoner an inmate under the jurisdiction of the Department of Corrections or by a prisoner an inmate in any a county jail, municipal jail, regional detention facility, prison camp, work camp, or overnight lockup facility must be tried exclusively in magistrate's magistrates court. Matters considered contraband within the meaning of this section are those which are designated as contraband by the Department of Corrections or by the local facility manager."
SECTION __. Section 24-5-10 of the 1976 Code is amended to read:
"Section 24-5-10. The sheriff shall have has custody of the jail in his county and, if he appoint appoints a jailer facility manager to keep it, the sheriff shall be is liable for such jailer the facility manager; and the sheriff or jailer facility manager shall receive and safely keep in prison any hold and detain a person delivered or committed to either of them, according to law."
SECTION __. Section 24-5-12 of the 1976 Code is amended to read:
"Section 24-5-12. Notwithstanding the provisions of Section 24-5-10 or any other provision of law, the sheriff of any county may, upon approval of the governing body of the county, devolve all of his powers and duties relating to the custody of the county jail and the appointment of a jailer facility manager on the governing body of the county; provided, a sheriff who has been defeated in a primary or general election may not devolve said duties on the governing body of the county. Once a sheriff has devolved these powers and duties to the governing body, custody of the jail shall remain with the governing body unless, by mutual agreement and approval of the sheriff, the governing body devolves its powers and duties relating to the custody of the county jail to the sheriff."
SECTION __. Section 24-5-20 of the 1976 Code is amended to read:
"Section 24-5-20. Except as otherwise provided, every sheriff in this State who does not live in the jail shall employ a proper and discreet person as jailer, who shall live within the jail and who shall not use the house for any other purpose than that for which it was designated by law has control of a jail shall appoint a qualified person as facility manager. This person shall have the control and custody of the jail under the supervision of the sheriff. However, should the sheriff not have control of the jail, then this appointment falls to the governing body of the county in whose jurisdiction the jail lies."
SECTION __. Section 24-5-50 of the 1976 Code is amended to read:
"Section 24-5-50. All sheriffs or governing bodies that have custody of the jail and jailers facility managers are required to receive and keep securely all persons committed by the coroner as required by law."
SECTION __. Section 24-5-60 of the 1976 Code is amended to read:
"Section 24-5-60. The sheriffs or jailers in governing bodies of the several respective counties of this State shall keep in safe custody all
SECTION __. Section 24-5-80 of the 1976 Code is amended to read:
"Section 24-5-80. The governing body of each county in this State shall furnish, at all times, blankets and such other bedding as shall be necessary for prisoners confined in the jail in the county and prisoners confined on a criminal charge shall be provided with at least two blankets in the winter season sufficient food, water, clothing, personal hygiene products, bedding, blankets, cleaning supplies, and shelter from extreme heat or cold or rain for all persons confined in a jail and access to medical care."
SECTION __. Section 24-5-90 of the 1976 Code is amended to read:
"Section 24-5-90. It shall be is unlawful for sheriffs a sheriff or jailers a facility manager to make any discrimination in the treatment of prisoners placed in their custody.
Every A violation of this section shall be is a misdemeanor and, upon conviction thereof, the person convicted shall must be fined not less than twenty-five dollars and imprisoned for not less than one month nor more than twelve months one year."
SECTION __. Section 24-5-110 of the 1976 Code is amended to read:
"Section 24-5-110. Every sheriff A facility manager shall make a return to every the court of general sessions of his county on the first day of the term of the name of every prisoner and the time and cause of his confinement, whether civil or criminal. The use of electronic records satisfies this requirement."
SECTION __. Section 24-5-120 of the 1976 Code is amended to read:
"Section 24-5-120. Each sheriff shall A facility manager annually shall report to the governing body of his county the actual condition of the jail, the repairs which may be wanted, and their probable cost."
SECTION __. Section 24-5-170 of the 1976 Code is amended to read:
"Section 24-5-170. When any a person shall be is apprehended or in confinement according to law in any a county in this State wherein where the jail may be destroyed or rendered uninhabitable by fire or other accident, he shall must be committed to the jail nearest to the one destroyed for safekeeping. The several jailers in this State, keepers of the jails nearest to those jails that may be destroyed as aforesaid, shall receive and safely keep such person. However, the jail must have sufficient bed space. If the jail does not have sufficient bed space, then the official in charge of the jail that was destroyed, or rendered uninhabitable shall contact the facility managers of the jails in the nearest proximity and utilize any available resources to receive and keep the prisoners in custody. The facility managers of this State may enter into mutual aid agreements to assist each other in the event of an emergency or as other needs arise. In the event that sufficient resources are not available within the several counties, then the county officials may request the assistance of the South Carolina Department of Corrections and its resources until the emergency has passed."
SECTION __. Section 24-5-300 of the 1976 Code is amended to read:
"Section 24-5-300. For the purposes of this article:
(1) 'Reserve detention officer' means a person assigned part-time jailer or detention officer duties without being regularly assigned to full-time jailer or detention officer duties and who serves in that capacity without compensation.
(2) 'Director' means the detention director, jail administrator, or other manager employed for the operation of a county, municipal, or multi-jurisdictional local detention facility.
(3) 'Responsible authority' means the sheriff, county administrator, mayor, city manager, or other appropriate official who has legal responsibility for the management of a local detention facility within a particular jurisdiction."
SECTION __. Section 24-5-310 of the 1976 Code is amended to read:
"Section 24-5-310. The director, in his discretion, may appoint the number of reserve detention officers approved by the responsible authority, but not exceeding the number of regular full-time jailers or detention officers funded and employed at the facility, if participation in the reserve detention officer program has been approved by the governing body having jurisdiction over the detention facility. The number of full-time jailers or detention officers must not be decreased because of the institution or expansion of a reserve force. Each period
A reserve is subject to removal by the director at any time. A criminal history inquiry and other appropriate background inquiry must be conducted on an applicant before his selection as a reserve.
Before assuming his duties, a reserve must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity and which must be not less than one thousand five hundred dollars; and
(3) successfully complete the course of training required by this article."
SECTION __. Section 24-5-320 of the 1976 Code is amended to read:
"Section 24-5-320. No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety."
SECTION __. Section 24-5-330 of the 1976 Code is amended to read:
"Section 24-5-330. Before final acceptance as a reserve, a candidate, at his own expense or through the offices of the doctor of his political entity, shall submit to the director a summary of the results of a current physical examination for the satisfaction of the director concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time jailers or detention officers also shall apply to reserves."
SECTION __. Section 24-5-350 of the 1976 Code is amended to read:
"Section 24-5-350. A reserve shall serve and function as a jailer or detention officer only on specific orders and directions of the director. To maintain status, a reserve shall perform a minimum logged service time of ten hours a month or thirty hours a quarter.
No reserve detention officer shall perform any jailer or detention officer duties except under the direct supervision of a full-time jailer or detention officer. A reserve shall not assume full-time duties of jailers or detention officers without complying with the requirements for full-time jailers and detention officers.
A department utilizing reserves shall have at least one full-time officer as a coordinator-supervisor who must be responsible directly to the director."
SECTION __. Section 24-5-360 of the 1976 Code is amended to read:
"Section 24-5-360. A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23."
SECTION __. Section 24-5-370 of the 1976 Code is amended to read:
"Section 24-5-370. A currently certified full-time jailer or detention officer who leaves his position under honorable conditions may, within twelve months, at the request of his director and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve if the use of reserve detention officers has been approved by the responsible authority. The officer is not required to undergo the preliminary training for reserves but is required to have a current physical exam and to continue the same annual in-service training requirements as regular full-time jailers or detention officers."
SECTION __. Section 24-5-380 of the 1976 Code is amended to read:
"Section 24-5-380. The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the director, may be entrusted to the care and control of the reserve. A reserve shall wear a uniform which will identify him as
SECTION __. Section 24-5-390 of the 1976 Code is amended to read:
"Section 24-5-390. Workers' Compensation benefits may be provided for reserves by the governing body in the same manner benefits are provided for full-time jailers or detention officers.
For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the political entities for which they were appointed and must be included with regular duty jailers or detention officers in the assigned responsibility for prevention, suppression, and control of crime."
SECTION __. Section 24-7-60 of the 1976 Code is amended to read:
"Section 24-7-60. The governing body of the county shall diet feed and provide suitable and efficient guards and appliances sufficient employee supervision for the safekeeping of all convicts upon whom may be imposed sentence of labor on the highways, streets and other public works of the county persons who have received a sentence to public work detail. It shall likewise also provide all necessary tools, implements and road machines equipment and machinery for performing the work required of such convicts inmates, all costs and expenses of which shall must be paid out of the county road general fund in the same manner as other charges against such the fund are paid."
SECTION __. Section 24-7-110 of the 1976 Code is amended to read:
"Section 24-7-110. The governing body of each county shall employ a physician provide medical personnel whenever necessary to render medical aid to sick convicts inmates whether awaiting trial or serving sentence and to preserve the health of the chain gang county jail, detention facility, prison camp, or other such local facility used for the detention of inmates. The fees and expenses of such employment, as well as for medicines prescribed, shall be paid out of the road fund as other claims are paid against such funds. In the case of a pretrial detainee where access to health care is needed beyond that which can be provided internally, the official in charge of the facility shall make arrangements for the person to be seen by outside medical personnel in accordance with local community standards. The county may be accountable for the fees and services as provided to those persons who are serving a sentence in the facility and who have been tried and
SECTION __. Section 24-7-120 of the 1976 Code is amended to read:
"Section 24-7-120. The municipal authorities of any city or town shall diet and provide suitable and efficient guards and appliances for the safekeeping of all convicts sentenced to labor on the highways, streets and other public works of such city or town and shall provide all necessary tools, implements and road machines for performing the work required of such convicts and pay all costs and expenses thereof. The municipal authority of any city or town shall feed and provide suitable and sufficient employee supervision for the safekeeping of all persons who have received a sentence to public work detail. It shall likewise provide all necessary equipment and machinery for performing the work required of the inmates, all costs and expenses of which must be paid out of the municipal general fund in the same manner as other charges against these funds are paid.
A municipality may operate its own jail for the purpose of detaining those persons charged with a criminal offense pending release on bond or trial and for the purpose of detaining those individuals who have been tried and convicted of a criminal offense in the municipal court. The governing body of the municipality must provide suitable and sufficient employee supervision and equipment to safely keep all persons charged or detained and must pay all costs and expenses. Where the municipality elects not to operate its own jail, then the municipality may enter into an agreement with other municipalities, preferably in the county of jurisdiction, to operate a joint facility to hold these individuals.
The municipality may also elect, in the alternative, to enter into an agreement with the county governing body in which the municipality is located. Should the municipality and county enter into an agreement, the contract or agreement may require the municipality to pay a fee to offset the costs of detaining the offenders to include, but not be limited to, medical care and treatment of the offenders, all lodging and meal expenses, all transportation and security for court appearances, medical appointments, other transportation as may be necessary, and other miscellaneous expenses as may be mutually agreed. Those persons so detained must be in the custody of the county official who has custody of the jail.
Municipal inmates sentenced to the county jail or prison camp pursuant to an agreement or contract must remain in the custody of the
SECTION __. Section 24-7-155 of the 1976 Code is amended to read:
"Section 24-7-155. It shall be is unlawful for any a person to furnish or attempt to furnish any a prisoner in any county, or municipal, or multi-jurisdictional jail, prison camp, work camp, or overnight lockup facility with any a matter declared by the superintendent of such facility to be contraband. It shall be is unlawful for any prisoner an inmate of such a facility to possess any a matter declared to be contraband. Matters considered contraband within the meaning of this section shall be are those which are designated as contraband and published by the Department of Corrections as Regulation 33-1 of the Department of Corrections and such this regulation shall must be displayed by the Superintendent of the facility in a conspicuous place available and visible to visitors and prisoners inmates at such the facility. The facility manager may designate additional items as contraband. Notice of the additional items must be displayed with Regulation 33-1.
Any A person violating the provisions of this section shall be deemed is guilty of a felony and, upon conviction, shall must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."
SECTION __. Section 24-9-30 of the 1976 Code is amended to read:
"Section 24-9-30. (a)(A) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and or the appropriate fire and health codes and regulations, or both, the Directordirector of the South Carolina Department of Corrections shall notify the governing body of the political subdivision responsible for the local confinement facility. A copy of the written reports of the inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.
(b)(B) If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Directordirector of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.
(c)(C) The governing body shall have has the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Directordirector of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed is waived if notice is not given as herein provided in this section.
(d)(D) The appeal shall must be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Directordirector of the South Carolina Department of Corrections and the governing body concerned. The hearing shall must be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards, and or appropriate fire and health codes and regulations, or both, on the date of the last inspection. The court may affirm, reverse, or modify the director's order."
SECTION __. Section 24-9-35 of the 1976 Code is amended to read:
"Section 24-9-35. If any a person dies while being incarcerated in any or in the custody of a municipal, or county, or multi-jurisdictional overnight lockup or jail, county prison camp, or state correctional facility, the jailer facility manager or any other person physically in charge of the facility at the time death occurs shall immediately shall notify the coroner of the county in which the institution is located. The jailer facility manager or other person in charge also shall also report
Any A person knowingly and willfully wilfully violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars."
SECTION __. Section 24-9-40 of the 1976 Code is amended to read:
"Section 24-9-40. In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division of the Department of Corrections shall be provided with architectural plans before construction or renovation of any state or local confinement facility. Further, the Jail and Prison Inspection Division shall be notified not less than fifteen days prior to the opening of any state or local prison or detention facility so that inspections and reports may be made. Ninety days prior to the closing of any state or local prison or detention facility, the Division shall be notified by the officials concerned."
SECTION __. Section 24-13-10 of the 1976 Code is amended to read:
"Section 24-13-10 In all prisons and chain gangs local detention facilities in the State, a separation of the sexes shall must be observed at all times observed."
SECTION __. Section 24-13-20 of the 1976 Code is amended to read:
"Section 24-13-20. The sheriffs of this State shall, under the penalty herein provided, in this section must arrest in their respective counties, with or without a warrant, all escaped convicts inmates from the State Penitentiary Prisons or from the chain gang or jails local detention facilities found in their respective counties. Upon any such an arrest any such a sheriff shall immediately must notify immediately the proper authority from whose care such convict the inmate escaped. Upon any the willful wilful neglect or failure on the part of any such by a sheriff to comply with the provisions of this section, he shall be is guilty of a misdemeanor and, upon conviction, must be fined in a sum of not more than five hundred dollars nor less than one hundred dollars or be imprisoned for not more than six months or must be both fined and imprisoned, at the discretion of the court."
SECTION __. Section 24-13-30 of the 1976 Code is amended to read:
"Section 24-13-30. Any A person officially charged with the safekeeping of prisoners inmates, when such prisoners whether the inmates are awaiting trial in general sessions court or have been sentenced and confined in any a State, county or municipal penal correctional facility, local detention facility, or prison camp or work camp, may use such force as is necessary force to maintain internal order and discipline and to prevent the escape of a prisoner an inmate lawfully in his custody without regard to whether such prisoner the inmate is charged with or convicted of a felony or misdemeanor."
SECTION __. Section 24-13-40 of the 1976 Code is amended to read:
"Section 24-13-40. The computation of the time served by prisoners under sentences imposed by the courts of this State shall must be reckoned calculated from the date of the imposition of the sentence. But when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served shall must be reckoned calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit against the sentence shall must be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense."
SECTION 69. Section 24-13-50 of the 1976 Code is amended to read:
"Section 24-13-50. Every municipal and county official facility manager responsible for the custody of persons convicted of any a criminal offense shall on or before the fifth day of each month must file with the Department of Corrections a written report stating the name, race, age, criminal offense, and date and length of sentence of all prisoners in their custody during the preceding month."
SECTION 70. Section 24-13-80 of the 1976 Code is amended to read:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail, local detention facility, or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5) 'Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment services for an inmate, which has been requested by him, if the deduction does not exceed five ten dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five less than ten dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate, upon request, if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
SECTION __. Section 24-13-125 of the 1976 Code is amended to read:
"Section 24-13-125. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner an inmate convicted of a 'no parole offense', as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, or Section 24-3-30, is not eligible for work release until the prisoner inmate has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner an inmate convicted of murder or a prisoner an inmate prohibited from participating in work release by another provision of law to be eligible for work release.
(B) If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in a facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Directordirector of the Department of Corrections. If a prisoner confined in an inmate sentenced to a local correctional detention facility pursuant to a designated facility agreement or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility which is not under the direct control of the department local detention facility, to include an inmate on a labor crew or any other
SECTION __. Section 24-13-150 of the 1976 Code is amended to read:
"Section 24-13-150. (A) Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner an inmate convicted of a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner inmate has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner an inmate convicted of murder or a prisoner an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.
(B) If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in a facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Directordirector of the Department of Corrections. If a prisoner an inmate confined insentenced to a local correctionaldetention facility pursuant to a designated facility agreementor upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in
SECTION __. Section 24-13-210 of the 1976 Code is amended to read:
"Section 24-13-210. (A) A prisoner An inmate convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(B) A prisoner An inmate convicted of a 'no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner inmate serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner inmate convicted of a 'no parole offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.
(C) A prisoner An inmate convicted of an offense against this State and sentenced to a local correctional detention facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.
(D) If a prisoner an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in any facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institutionfacility during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Directordirector of the Department of Corrections. If a prisoner an inmate confined in sentenced to a local correctional detention facility pursuant to a designated facility agreement or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility that is not under the direct control of the local detention facility, to include a prisoner on a labor crew or any other assigned detail or placement, or a prisoner in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner inmate. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(E) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he
(F) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."
SECTION __. Section 24-13-230 of the 1976 Code is amended to read:
"Section 24-13-230. (A) The Directordirector of the Department of Corrections may allow any prisoner in an inmate sentenced to the custody of the department, except a prisoner an inmate convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment, including an inmate who is serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30 or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.
(B) The Directordirector of the Department of Corrections may allow a prisoner in an inmate sentenced to the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment, including an inmate who is serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30 or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a "no parole offense" is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education credit is limited to seventy-two days.
(C) No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.
(D) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner director of the Department of Corrections.
(E) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shallmust allow any an inmate serving such a sentence in sentenced to the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(F)(1) An individual is only eligible for the educational credits provided for in this section, only upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(G) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION __. Section 24-13-235 of the 1976 Code is amended to read:
"Section 24-13-235. Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official facility manager in charge of county correctional facilities a local detention facility to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways. The confinement of the person must be reduced by one day for every eight hours of labor on the public works or ways performed by the person. As used in this section, 'labor on the public works or ways' means manual labor to improve or maintain public facilities, including, but not limited to, streets, parks, and schools.
The governing body of the county may prescribe reasonable regulations under which such this labor is to be performed and may provide that such these persons wear clothing of a distinctive character while performing such this work.
Nothing contained in this section may be construed to require the sheriff or other such another official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such this assignment. A person is eligible for supervised work under this section only if the sheriff or other such responsible official concludes that the person is a fit subject therefor.
If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.
The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay."
SECTION __. Section 24-13-260 of the 1976 Code is amended to read:
"Section 24-13-260. Any An officer having charge of any such convict an inmate who shall refuse refuses to allow such a deduction in time of serving sentence shall be is guilty of a misdemeanor and shall, upon conviction, suffer imprisonment must be imprisoned for not less than thirty days or pay a fine of not less than one hundred dollars."
SECTION __. Section 24-13-410 of the 1976 Code is amended to read:
"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in a prison or upon the public works of a county local detention facility or while in the custody of a superintendent, guard, or an officer, or another employee, to escape, to attempt to escape, or to have in his possession tools, or weapons, or other items that which may be used to facilitate an escape.
(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than fifteen years.
(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State."
SECTION __. Section 24-13-420 of the 1976 Code is amended to read:
"Section 24-13-420. (A) It is unlawful for a person, lawfully confined in a prison, local detention facility, or under the supervision of an officer or other employee, whether awaiting trial or serving
(B) A person who knowingly harbors or employs an escaped convict inmate, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION __. Section 24-13-430 of the 1976 Code is amended to read:
"Section 24-13-430. (1)Any(A) An inmate of the Department of Corrections, city or county jail, or public works of any county that or of a local detention facility who conspires with any other another inmate to incite such the inmate to riot or commit any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be sentenced in the discretion of the court.
(2) Any(B) An inmate of the Department of Corrections, city or county jail, or public works of any county that or of a local detention facility who participates in a riot or any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for not less than five years nor more than ten years."
SECTION __. Section 24-13-440 of the 1976 Code is amended to read:
"Section 24-13-440. It is unlawful for an inmate of a state correctional facility, city or county jail, or public works of a county or of a local detention facility to carry on his person or to have in his possession a dirk, slingshot, metal knuckles, razor, firearm, or any other deadly weapon an object, homemade or otherwise, which usually is that may be used for the infliction of personal injury upon another person, or to wilfully conceal any weapon within any Department of Corrections facility or other place of confinement.
A person violating this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. A sentence imposed under this section must be served consecutively to any other sentence the inmate is serving."
SECTION __. Section 24-13-450 of the 1976 Code is amended to read:
"Section 24-13-450. An inmate of a state, county, or city correctional facility, a local detention facility, or a private entity that contracts with a state, county, or city to provide care and custody of inmates, including persons in safekeeper status, acting alone or in concert with others, who by threats, coercion, intimidation, or physical force takes, holds, decoys, or carries away any person as a hostage or
SECTION __. Section 24-13-460 of the 1976 Code is amended to read:
"Section 24-13-460. It shall be is unlawful for any a person in this State to furnish any a prisoner in a jail or on a chain gang local detention facility any alcoholic beverages or narcotic drugs, including prescription medications and controlled substances that have not been issued legally to the prisoner. Anyone A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, thereof shall must be punished by a fine of five hundred dollars, or imprisonment for six months, or both."
SECTION __. Section 24-13-470 of the 1976 Code is amended to read:
"Section 24-13-470. (A) An inmate, a detainee, a person taken into custody, or a person under arrest, who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility or local detention facility, a state or local law enforcement officer, a visitor of a state correctional facility or local detention facility, or any other person authorized to be present in a state correctional facility or local detention facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIV-positive or has another disease that may be transmitted through body fluids.
(B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventy-two hours of the crime if a health care professional believes that exposure to the accused person's body fluid may pose a significant health risk to a victim of the crime.
(C) This section does not apply to a person who is a "patient" as defined in Section 44-23-10(3).
(D) For purposes of this section, "local correctional facility" includes, but is not limited to, a local detention facility."
SECTION __. Section 24-13-640 of the 1976 Code is amended to read:
"Section 24-13-640. Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any state correctional facility shallor local detention facility must wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries shallmust manufacture the statewide uniform and make it available for sale to the local detention facilities. The director of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners."
SECTION __. Section 24-13-660 of the 1976 Code is amended to read:
"Section 24-13-660. (A) A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.
(B) No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.
(C) The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.
(D) The South Carolina Department of Corrections may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A
(E) It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.
(F) Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections within its own facilities or on its own property, or by any jail or camplocal governing body within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections or a local detention facility from escorting and supervising any inmate for a public purpose when the department or the local detention facility provides its own security."
SECTION __. Section 24-13-910 of the 1976 Code is amended to read:
"Section 24-13-910. Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in a local correctional facilities detention facility, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional detention facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official facility manager as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible."
SECTION __. Section 24-13-915 of the 1976 Code is amended to read:
"Section 24-13-915. Wherever in the Code of Laws of South Carolina, 1976, as amended, a reference is made to a local correctional detention facility, it shall mean means a county, or municipal, correctional or multi-jurisdictional detention facility."
SECTION __. Section 24-13-940 of the 1976 Code is amended to read:
"Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional detention facilities to participate in the program and be confined in the local correctional institution detention facility of the receiving official."
SECTION __. Section 24-13-1540 of the 1976 Code is amended to read:
"Section 24-13-1540. If a department desires to implement a home detention program, it must promulgate regulations that prescribe reasonable guidelines under which a home detention program may operate. These regulations must require that the participant remain within the interior premises or within the property boundaries of his residence at all times during the hours designated by the department. Approved absences from the home for a participant may include:
(1) hours in employment approved by the department or traveling to or from approved employment;
(2) time seeking employment approved for the participant by the department;
(3) medical, psychiatric, mental health treatment, counseling, or other treatment programs approved for the participant by the department;
(4) attendance at an educational institution or a program approved for the participant by the department;
(5) attendance at a regularly scheduled religious service at a place of worship; or
(6) participation in a community work release punishment or community service program approved by the department."
SECTION __. Section 16-7-140 of the 1976 Code is amended to read:
"Section 16-7-140. Any A person who violates any provision of Sections 16-7-110 and 16-7-120 shall be is guilty of a misdemeanor
SECTION __. Section 20-7-1350 of the 1976 Code, as last amended by Act 550 of 1990, is further amended to read:
"Section 20-7-1350. An adult who wilfully violates, neglects, or refuses to obey or perform a lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. An adult found in contempt of court may be punished by a fine, by a public work works sentence, or by imprisonment in a local correctional detention facility, or by any combination of them, in the discretion of the court, but not to exceed imprisonment in a local correctional detention facility for one year, a fine of fifteen hundred dollars, or public work works sentence of more than three hundred hours, or any combination of them. An adult sentenced to a term of imprisonment under this section may earn good time credits pursuant to Section 24-13-210 and work credits pursuant to Section 24-13-230 and may participate in a work/punishment program pursuant to Section 24-13-910 unless his participation in any of these programs is prohibited by order of the sentencing judge."
SECTION __. Sections 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, and 24-7-150 are repealed.
SECTION __. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION __. Chapter 5, Title 24 of the 1976 Code is amended by adding:
Local Detention Facility Mutual Aid and Assistance Act
Section 24-5-200. This article may be cited as the 'Local Detention Facility Mutual Aid and Assistance Act'.
Section 24-5-210. (A) For purposes of this article, 'local detention facility' means a municipal, county, or multi-jurisdictional jail, prison camp, or overnight lockup used for the detention of persons charged with or convicted of a felony, misdemeanor, local ordinance, or violation of a court order.
(B) There is a need for the safe and secure housing of inmates, and there may be situations where inmates need to be temporarily housed in other local detention facilities in order to maintain the public peace, safety, and welfare. Therefore, local detention facilities of this State are authorized to enter into mutual aid and assistance agreements with other local detention facilities as may be necessary.
(C) The facility manager, with the approval and consent of the local governing body, may provide this assistance while acting in accordance with the policies, ordinances, and procedures set forth by the governing body of the providing local detention facility. If sufficient resources are not available within the several counties, the requesting local detention facility may seek assistance of the South Carolina Department of Corrections and its resources until the emergency has passed.
Section 24-5-220. (A) Mutual aid and assistance agreements may include, but are not limited to, the following:
(1) statement of the services to be provided;
(2) arrangements for the use of equipment and facilities;
(3) records to be maintained on behalf of the receiving local detention facility;
(4) authority of the providing facility manager to maintain control over the receiving local detention facility's inmates or other personnel;
(5) terms of financial agreements between the parties;
(6) duration, modification, and termination of the agreement; and
(7) legal contingencies for any lawsuits or the payment of damages that arise from the provided services.
(B) Nothing in this article requires a local detention facility to have a written mutual aid and assistance agreement, nor does it preclude mutual aid to take place absent a written policy agreement in the case of an emergency.
Section 24-5-230. (A) The provisions of this article shall not conflict with any existing mutual aid and assistance agreements or contracts between local detention facilities.
(B) Nothing in this article may be construed to alter, amend, or affect any rights, duties, or responsibilities of law enforcement
SECTION __. Section 24-21-560(D) of the 1976 Code is amended to read:
"(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The maximum aggregate amount of time a prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed limited by the amount of time remaining on the original 'no parole offense'. The prisoner must not be incarcerated for a period longer than the original sentence. The original term of incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment."
SECTION __. 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
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 838 (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 5, 2008, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE AND THE 8SPEAKER OF THE HOUSE NO EARLIER THAN 12:00 NOON, TUESDAY, JUNE 17, 2008, AND FOR NO MORE THAN THREE STATEWIDE LEGISLATIVE DAYS, FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON FRIDAY, JUNE 27, 2008, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The House returned the Concurrent Resolution with amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly.
H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, 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.
H. 3674 (Word version) -- Reps. Cato, Perry, J.H. Neal, Chellis, Harvin, F.N. Smith, Bedingfield, Simrill, Crawford, Leach, W.D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G.R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT", TO ESTABLISH PROCEDURES FOR A HEALTH INSURER TO PAY OR REIMBURSE A PROVIDER FOR HEALTH CARE SERVICES FURNISHED BY THE PROVIDER, INCLUDING, AMONG OTHER THINGS, TIMEFRAMES WITHIN WHICH A CLAIM FOR SERVICES RENDERED, WHICH HAS NOT MATERIAL DEFECT OR IMPROPRIETY, MUST BE PAID BY AN INSURER, CONDITIONS WHICH CONSTITUTE A CONTESTED CLAIM, INTEREST RATES AND OTHER FEES THAT MAY BE RECOVERED FOR CLAIMS NOT PAID OR PROPERLY DISPUTED WITHIN THE TIMEFRAMES PROVIDED, THE APPLICABILITY OF UNFAIR TRADE PRACTICES, TIMEFRAMES WITHIN WHICH AN INSURER SEEKING A REFUND OF A PAYMENT MADE FOR HEALTH CARE
The House returned the Bill with amendments.
On motion of Senator McCONNELL, 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.
H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED,
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.
The House returned the Joint Resolution with amendments.
On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
At 8:31 P.M., Senator MARTIN assumed the Chair.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD3912.001) proposed by Senator MALLOY and previously printed in the Journal of Tuesday, June 3, 2008.
Senator PEELER asked unanimous consent to give the Bill a second reading, carrying over all amendments to third.
There was no objection and the Bill was read the second time.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over in the status of Interrupted Debate, with Senator Malloy retaining the floor.
Having received a favorable report from the Agriculture and Natural Resources Committee, the following appointments were confirmed in open session:
Initial Appointment, West Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Municipalities:
Warren J. Harris, 211 Oak Hollow Court, Salem, SC 29672 VICE George K. Milam
Reappointment, West Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Domestic User:
Dennis Vernon Chastain, 5699 Highway 11, Pickens, SC 29671
Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Power Generation Facilities:
W. Stuart Ames, Sr., 2519 Keswick Road, Florence, SC 29501 VICE Ken Kirkland
Having received a favorable report from the Education Committee, the following appointments were confirmed in open session:
Initial Appointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2006, and to expire April 1, 2011
At-Large:
Mary G. Daniel Wyatt, 738 Foothills Road, Greenville, SC 29617 VICE Ms. Joanne Montague
Initial Appointment, South Carolina Public Charter School District Board of Trustees, with the term to commence July 1, 2008, and to expire July 1, 2010
South Carolina Association Of Public School Administrators:
D. Wayne Brazell, Ph.D., Laurens County School District 56, 211 North Broad Street, Suite B, Clinton, SC 29325 VICE Dr. Valerie Truesdale
Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence August 1, 2007, and to expire August 1, 2010
Governor Appointed:
Thomas B. Hatfield, P. O. Box 21231, Hilton Head Island, SC 29925
Having received a favorable report from the General Committee, the following appointment was confirmed in open session:
Reappointment, South Carolina Prisoner of War Commission, with the term to commence July 1, 2007, and to expire July 1, 2011
5th Congressional District:
T. J. Martin, 1255 Filbert Highway, York, SC 29745
Having received a favorable report from the Judiciary Committee, the following appointments were confirmed in open session:
Initial Appointment, Director of Department of Public Safety, with the term to commence February 1, 2008, and to expire February 1, 2012
Director:
Mark A. Keel, 513 Bookman Mill Road, Irmo, SC 29063 VICE James K. Schwietzer
Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with the term to commence June 30, 2008, and to expire June 30, 2012
4th Congressional District:
Kimberly Dawn Hutzell, Girl Scouts of the Piedmont Area, 349A East Blackstock Rd., Spartanburg, SC 29301
Reappointment, South Carolina Crime Victims' Advisory Board, with the term to commence September 1, 2006, and to expire September 1, 2011
Domestic Violence:
Dean G. Kilpatrick, Ph.D., 1026 Osceola Ave., Sullivan Island, SC 29482
Reappointment, South Carolina Crime Victims' Advisory Board, with the term to commence August 1, 2008, and to expire August 1, 2013
Crime Victim:
Barbara Keefe DeVane, 2218 Chadwick Drive, Florence, SC 29501
Reappointment, South Carolina Crime Victims' Advisory Board, with the term to commence August 1, 2007, and to expire August 1, 2012
Sexual Assault Prevention/Treatment:
Martha V. Busterna, P.O. Box 693, Greenwood, SC 29648
Initial Appointment, South Carolina Crime Victims' Advisory Board, with the term to commence August 1, 2004, and to expire August 1, 2009
At-Large:
Sherrie Lynn Hawkins, 15071 Asheville Highway, P.O. Box 263, Gramling, SC 29348 VICE Margaret J. Todd
Reappointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2006, and to expire June 30, 2010
Area 4:
Margaret H. Brackett, 2804 Fair Avenue, Newberry, SC 29108
Initial Appointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2005, and to expire June 30, 2009
Area 1:
E. Lamar Bailes, 164 Linley Lane, P.O. Box 915, Oconee, SC 29691 VICE Eileen Hayward
Initial Appointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Thomas E. Sweeny, 715 Knotty Pine Road, Charleston, SC 29412 VICE Lykes S. Henderson, Jr.
Initial Appointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2006, and to expire June 30, 2010
Area 8:
Mary B. Henry, 1210 - E Benna Drive, Myrtle Beach, SC 29577 VICE Edna B. David
Initial Appointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Timothy E. Davis, 90 Hunters Pond Drive, Columbia, SC 29229 VICE Sarah E. Deitsch, Ph.D.
Initial Appointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2005, and to expire June 30, 2009
Area 3:
Patricia B. Jones, 1806 Timberlake Drive, Rock Hill, SC 29732 VICE James L. Jewell, M.D., C.M.D.
Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with the term to commence July 1, 2008, and to expire June 30, 2012
City of Myrtle Beach:
Wilson Cain, 206 29th Avenue S., Myrtle Beach, SC 29577
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with the term to commence July 1, 2008, and to expire June 30, 2012
City of Myrtle Beach:
Phillip Stalvey, 3091 Bayhaven Drive, Myrtle Beach, SC 29579
Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Margaret L. Walker, P.O. Box 413, Manning, SC 29102 VICE Johnny Lee Wilson
Initial Appointment, Colleton County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
John Reaves McLeod, 918 Wichman Street, Walterboro, SC 29488 VICE Richard B. Wood
Initial Appointment, Darlington County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Glenn Mondrae Bell, 812 Fourteenth Street, Hartsville, SC 29550 VICE Alston Odom
Initial Appointment, Georgetown County Master-in-Equity, with the term to commence December 31, 2007, and to expire December 31, 2013
Joe M. Crosby, 222 Cannon Street, Georgetown, SC 29490 VICE Benjamin Culbertson
Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Charles F. Crump, 217 Covington Road, Greenville, SC 29617
Initial Appointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
William E. Lynch, 211 Pimlico, Greenville, SC 29607
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Maurice Dewayne Jones, 4525 Canal Street, Loris, SC 29569
Initial Appointment, Horry County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Mark A. Harris, 951 Scenic Drive, Loris, SC 29569 VICE Harry McDowell
Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Rebecca McDuffie Brown, 8 Crossland Lane, Columbia, SC 29223
Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Deanne C. Jolly, 7421 Parkview Drive, Columbia, SC 29223
On motion of Senator THOMAS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Rhea T. Eskew of Greenville, S.C., community leader and former publisher of The Greenville News newspaper who passed away May 24, 2008.
At 8:33 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
This web page was last updated on Monday, June 22, 2009 at 1:52 P.M.