The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 31:14: "But as for me, I have trusted in You, O Lord. I have said, 'You are my God."
Let us pray. Gracious Lord, You provide for the people such wonderful acts and encourage each to do what is right and acceptable. Bless us as we continue the work that is set before us. Be our guide in wisdom and integrity. Bless these Representatives and staff as they continue the work set before them. Bless and protect our defenders of freedom and first responders as they protect us. Look in favor upon our Nation, President, State, Governor, Speaker, Staff, and all who strive to do the work required. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
The following was received:
Columbia, S.C., Wednesday, June 27, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4931:
(R. 289, H. 4931 (Word version)) -- Reps. Elliott, Alexander, Simrill, Stringer, West, Allison, Henderson, G. R. Smith, Burns, Trantham, Hamilton, Bannister, Putnam, Robinson-Simpson, Chumley, Taylor, Douglas, Knight, Dillard and Blackwell: AN ACT TO AMEND SECTION 59-103-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE MISSIONS AND FOCUSES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO AUTHORIZE APPLIED BACCALAUREATE IN ADVANCED MANUFACTURING TECHNOLOGY DEGREES, AND TO PROVIDE AUTHORIZATIONS OF SUCH DEGREES ONLY ARE ALLOWED WHEN NEW STATE GENERAL FUNDS ARE NOT APPROPRIATED FOR THE OPERATIONS OF THE DEGREE PROGRAMS. - ratified title
The Report of the Committee of Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, June 27, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 237, H. 3209 by a vote of 35 to 5:
(R. 237, H. 3209 (Word version)) -- Reps. Pope, Robinson-Simpson, Crosby, Whipper, Brown, M. Rivers, King, Magnuson, Norrell, Martin, B. Newton, Long, Govan, Henegan, Dillard and Gilliard: AN ACT TO AMEND SECTION 17-22-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN OFFENSES, SO AS TO ADD FIRST OFFENSE SIMPLE POSSESSION OR POSSESSION WITH INTENT TO DISTRIBUTE DRUGS TO THE LIST OF OFFENSES ELIGIBLE FOR EXPUNGEMENT, AND TO PROVIDE FOR ELIGIBILITY FOR EXPUNGEMENT OF OFFENSES SUBSEQUENTLY REPEALED WHEN THE ELEMENTS OF THE OFFENSE ARE CONSISTENT WITH AN EXISTING SIMILAR OFFENSE WHICH IS SUBJECT TO EXPUNGEMENT AND TO CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY TO THE OFFENSES
DELINEATED; TO AMEND SECTION 22-5-910, RELATING TO SUMMARY COURT OFFENSES ELIGIBLE FOR EXPUNGEMENT, SO AS TO EXPAND ELIGIBILITY BEYOND FIRST OFFENSES AND CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY; TO AMEND SECTION 22-5-920, RELATING TO EXPUNGEMENT OF PERSONS CONVICTED AS YOUTHFUL OFFENDERS, SO AS TO REDEFINE "CONVICTION" TO EXPAND ELIGIBILITY, TO INCLUDE THAT A PERSON REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY IS NOT ELIGIBLE FOR EXPUNGEMENT, AND PROVIDE RETROACTIVE APPLICATION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-930 SO AS TO PROVIDE FOR EXPUNGEMENT ELIGIBILITY FOR FIRST OFFENSE CONVICTIONS OF CERTAIN CONTROLLED SUBSTANCE OFFENSES; TO AMEND SECTION 63-19-2050, RELATING TO DESTRUCTION OF RECORDS OF PERSONS ADJUDICATED DELINQUENT, SO AS TO ALLOW FOR EXPUNGEMENT OF ANY NUMBER OF OFFENSES FROM A SINGLE SENTENCING PROCEEDING FOR CLOSELY CONNECTED OFFENSES; TO AMEND SECTION 17-22-940, RELATING TO FEES ASSOCIATED WITH THE EXPUNGEMENT PROCESS, SO AS TO RESTRUCTURE THE FEES PROCESS AND ALLOW FOR THE COLLECTION OF PRIVATE DONATIONS, AND TO MAKE CONFORMING CHANGES; AND BY ADDING SECTION 17-22-960 SO AS TO PROVIDE IMMUNITY FOR EMPLOYERS WHO HIRE PERSONS WHOSE CRIMINAL RECORDS HAVE BEEN EXPUNGED.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3789:
H. 3789 (Word version) -- Reps. Govan, Yow, Henegan, J. E. Smith, Thigpen, Hart, Clemmons, Whipper and Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM EXPUNGEMENT ACT"; BY ADDING ARTICLE 10 TO CHAPTER 22, TITLE 17 SO AS TO PROVIDE THAT PERSONS ELIGIBLE FOR EXPUNGEMENT OF A CRIMINAL RECORD PURSUANT TO SECTION 17-22-910 WHO SUCCESSFULLY GRADUATE AND COMPLETE THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM ADMINISTERED BY THE SOUTH CAROLINA ARMY NATIONAL GUARD MAY APPLY TO HAVE THEIR RECORD EXPUNGED UPON SUCCESSFUL GRADUATION AND COMPLETION OF THE PROGRAMS UNDER CERTAIN DELINEATED CIRCUMSTANCES; AND TO AMEND SECTION 17-22-940, AS AMENDED, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO INCLUDE A REFERENCE TO THE DIRECTOR OF THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY ATTESTING TO THE ELIGIBILITY OF THE CHARGE FOR EXPUNGEMENT ON AN EXPUNGEMENT APPLICATION.
The Report of the Committee of Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 5231:
H. 5231 (Word version) -- Reps. Pitts, West and White: A BILL TO AMEND SECTION 50-9-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF REVENUES
GENERATED FROM THE SALE OF PRIVILEGES TO HUNT AND FISH BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE DISTRIBUTION OF REVENUE GENERATED FROM THE SALE OF RECREATIONAL AND COMMERCIAL MARINE LICENSES, PERMITS, AND TAGS.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5454 (Word version) -- Reps. Wheeler, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, White, Whitmire, Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE PASTOR MAE BAILEY AT THE CELEBRATION OF HER TWENTY-FIVE YEARS OF CONTINUOUS AND FAITHFUL SERVICE TO NEW LIFE PRAISE TEMPLE IN BISHOPVILLE.
The Resolution was adopted.
The following was introduced:
H. 5455 (Word version) -- Rep. Bryant: A HOUSE RESOLUTION TO CONGRATULATE THE YORK BAPTIST ASSOCIATION ON THE
OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND TO WISH ITS MEMBERS GOD'S BEST AS THEY CONTINUE TO SERVE THE LORD.
The Resolution was adopted.
The following was introduced:
H. 5456 (Word version) -- Reps. Govan, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE MR. BEN SMITH, JR., ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS IN THE DAYS AHEAD.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5453 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 33-49-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL MEETINGS OF MEMBERS OF AN ELECTRIC COOPERATIVE, SO AS TO REVISE THE NOTICE
REQUIREMENTS FOR CERTAIN MEETINGS; TO AMEND SECTION 33-49-440, RELATING TO VOTING BY MEMBERS AND SECTION 33-49-620, RELATING TO VOTING DISTRICTS FROM WHICH SOME MEMBERS OF THE BOARD OF TRUSTEES MAY BE ELECTED, SO AS TO PERMIT EARLY VOTING AND THE PROCEDURES FOR EARLY VOTING; TO AMEND SECTION 33-49-610, RELATING TO THE BOARD OF TRUSTEES OF A COOPERATIVE, SO AS TO REVISE THE MANNER IN WHICH VACANCIES ARE FILLED; BY ADDING SECTION 33-49-615 SO AS TO REQUIRE ANNUAL PUBLIC DISCLOSURE OF COMPENSATION AND BENEFITS PAID TO OR PROVIDED FOR MEMBERS OF THE BOARD OF TRUSTEES; BY ADDING SECTION 33-49-625 SO AS TO REQUIRE SPECIFIED NOTICE OF MEETINGS TO THE COOPERATIVE MEMBERSHIP, TO REQUIRE VOTES OF TRUSTEES TO BE TAKEN IN OPEN SESSION WITH CERTAIN EXCEPTIONS, TO REQUIRE VOTES TAKEN IN EXECUTIVE SESSION TO BE RATIFIED IN OPEN SESSION, AND TO REQUIRE MINUTES OF ALL MEETINGS TO BE PROVIDED TO COOPERATIVE MEMBERS; AND BY ADDING SECTION 33-49-645 SO AS TO PROVIDE THAT IN THE CONDUCT OF ELECTIONS BY A COOPERATIVE, IT MUST PROHIBIT ADVOCACY OR CAMPAIGNING WITHIN A CERTAIN DISTANCE OF THE POLLING PLACE.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest
Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Wooten Young
The SPEAKER PRO TEMPORE granted Rep. YOW a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. ARRINGTON a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. WILLIS a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. GOVAN a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. BOWERS a temporary leave of absence.
RATIFICATION OF ACTS
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 28, 2018, at 10:45 a.m. and the following Acts and Joint Resolution were ratified:
(R. 284, S. 709 (Word version)) -- Senator Hembree: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THE OFFICE OF THE STATE FIRE MARSHAL AND THE STATE DEPARTMENT OF EDUCATION SHALL CREATE MODEL FIRE AND SAFETY POLICY AND PROGRAM GUIDELINES AND MAKE SUCH GUIDELINES AVAILABLE TO PUBLIC SCHOOL DISTRICTS AND CHARTER SCHOOLS BEFORE THE 2019-2020 SCHOOL YEAR, TO PROVIDE PUBLIC SCHOOL DISTRICTS AND CHARTER SCHOOLS SHALL ADOPT CERTAIN FIRE AND SAFETY POLICIES AND PROGRAMS BEFORE THE 2020-2021 SCHOOL YEAR AND SUBMIT THESE POLICES AND PROGRAMS TO THE OFFICE OF THE STATE FIRE MARSHAL AND THE STATE DEPARTMENT OF EDUCATION FOR THEIR COLLABORATIVE REVIEW AND COMMENT BEFORE JULY 1, 2021, TO PROVIDE SCHOOL DISTRICTS AND CHARTER SCHOOLS MAY REQUEST RELATED TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF THESE POLICIES AND PROGRAMS, AND TO EXCLUDE CHARTER SCHOOLS THAT PRIMARILY DELIVER INSTRUCTION ONLINE FROM THESE PROVISIONS; TO AMEND SECTION 59-63-910, RELATING TO REQUIRED MONTHLY FIRE DRILLS IN PUBLIC SCHOOLS, SO AS TO PROVIDE PUBLIC SCHOOLS INSTEAD SHALL CONDUCT A CERTAIN NUMBER OF FIRE DRILLS, ACTIVE SHOOTER/INTRUDER DRILLS, AND SEVERE WEATHER/EARTHQUAKE DRILLS DURING EACH SEMESTER,
TO PROVIDE THE STATE DEPARTMENT OF EDUCATION AND STATE LAW ENFORCEMENT DIVISION SHALL DEVELOP CERTAIN RELATED GUIDELINES AND DEVELOPMENTALLY APPROPRIATE TRAINING MATERIALS IN CONSULTATION WITH THE OFFICE OF THE STATE FIRE MARSHAL AND MENTAL HEALTH PROFESSIONALS EMPLOYED BY SCHOOL DISTRICTS, TO PROVIDE FOR THE PERIODIC UPDATING OF THESE GUIDELINES, TO PROVIDE THESE GUIDELINES MUST BE INCLUDED IN REQUIRED ANNUAL TEACHER COLLEGIAL DEVELOPMENT, AND TO DELETE MONETARY PENALTIES FOR NONCOMPLIANCE BY PUBLIC SCHOOL TEACHERS AND SUPERINTENDENTS; TO AMEND SECTION 59-63-920, RELATING TO OBSOLETE COMPLIANCE REPORTING REQUIREMENTS AND MONETARY PENALTIES FOR NONCOMPLIANCE WITH PUBLIC SCHOOL FIRE DRILL REQUIREMENTS, SO AS TO INSTEAD REQUIRE DOCUMENTATION OF COMPLIANCE AND REMOVE THESE MONETARY PENALTIES; TO REPEAL SECTION 59-63-930 RELATING TO OBSOLETE REQUIREMENTS THAT COUNTY SUPERINTENDENTS OF EDUCATION PRINT AND POST CERTAIN STATUTES RELATED TO MANDATORY PUBLIC SCHOOL FIRE DRILLS; AND TO REDESIGNATE ARTICLE 9, CHAPTER 63, TITLE 59 AS "SAFETY AND SECURITY DRILLS".
(R. 285, S. 954 (Word version)) -- Senators Leatherman, Setzler, Massey and Fanning: A JOINT RESOLUTION TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT HOLD A HEARING ON THE MERITS BEFORE NOVEMBER 1, 2018, FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT, EXCEPT THAT THE COMMISSION MAY HOLD AN ADMINISTRATIVE OR PROCEDURAL HEARING FOR SUCH A DOCKET PRIOR TO A HEARING ON THE MERITS, AND TO PROVIDE THAT THE COMMISSION MUST ISSUE A FINAL ORDER ON THE MERITS FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT NO LATER THAN DECEMBER 21, 2018; TO PROVIDE THAT NO FINAL DETERMINATION OF MATTERS DESCRIBED IN THIS JOINT RESOLUTION, WHETHER BY A FINAL ORDER ISSUED BY THE COMMISSION OR BY OPERATION OF LAW, SHALL OCCUR EARLIER THAN THE TIME PERIOD PRESCRIBED ABOVE, AND TO PROVIDE THAT THE COMMISSION'S
FAILURE TO ISSUE A FINAL ORDER PRIOR TO THE TIME PERIOD ESTABLISHED IN THIS JOINT RESOLUTION SHALL NOT CONSTITUTE APPROVAL BY THE COMMISSION, AND A UTILITY MUST NOT PUT INTO EFFECT THE CHANGE IN RATES IT REQUESTED IN ITS SCHEDULE; AND TO SUSPEND PROVISIONS IN TITLE 58 OF THE 1976 CODE THAT ARE IN CONFLICT WITH THE PROVISIONS OF THIS JOINT RESOLUTION FOR MATTERS RELATED TO THE V.C. SUMMER NUCLEAR REACTOR UNITS 2 AND 3 UNTIL THE PUBLIC SERVICE COMMISSION ISSUES ITS FINAL ORDER IN THE MATTER.
(R. 286, H. 4009 (Word version)) -- Reps. Lucas, Williams, Crawford, Alexander, McCoy, Hiott, Clemmons, Bales, Bedingfield, Ott, G.R. Smith, Herbkersman, Sandifer and S. Rivers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 12 SO AS TO ENACT THE "MOTORSPORTS ENTERTAINMENT COMPLEX INVESTMENT ACT" BY EXEMPTING CERTAIN BUILDING MATERIALS FOR A COMPLEX FROM THE SALES TAX AND TO PROVIDE THE PROCESS BY WHICH A QUALIFIED COMPANY MAY CLAIM THE EXEMPTION.
(R. 287, H. 4375 (Word version)) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J.E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, Robinson-Simpson, V.S. Moss, Clyburn, Martin, Magnuson, Bennett, Arrington, Daning, Weeks, Henderson and Govan: AN ACT TO AMEND SECTION 58-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE BASE LOAD REVIEW ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION MUST NOT ACCEPT A BASE LOAD REVIEW APPLICATION, NOR MAY IT CONSIDER ANY REQUESTS MADE PURSUANT TO ARTICLE 4, CHAPTER 33, TITLE 58, OTHER THAN IN A DOCKET CURRENTLY PENDING BEFORE THE COMMISSION, AND TO PROVIDE THAT THE PROVISIONS OF ARTICLE 4, CHAPTER 33, TITLE 58 ARE REPEALED UPON THE CONCLUSION OF LITIGATION CONCERNING THE ABANDONMENT OF V.C. SUMMER UNITS
2 AND 3; BY ADDING CHAPTER 34 TO TITLE 58 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH ELECTRICITY RATES FOR CERTAIN RATEPAYERS WHO ARE PAYING ADDITIONAL CHARGES UNDER THE BASE LOAD REVIEW ACT FOR THE CONSTRUCTION OF NUCLEAR PLANTS OR PROJECTS SHALL BE REVISED AND DETERMINED, AND TO PROVIDE FOR PROCEDURES AND PROVISIONS OF LAW WHICH APPLY AND DO NOT APPLY IN REGARD TO THE ADJUSTMENT OF ELECTRICITY RATES AS PROVIDED BY CHAPTER 34; TO AMEND SECTION 58-33-280, RELATING TO REQUESTS FOR APPROVAL OF REVISED RATES UNDER THE BASE LOAD REVIEW ACT, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MUST GIVE SUBSTANTIAL WEIGHT TO AN AGREEMENT WHERE BOTH THE OFFICE OF REGULATORY STAFF AND THE UTILITY AGREE ON THE REVISED RATES AND INSTEAD PROVIDE IN THIS INSTANCE THAT THE COMMISSION MAY GIVE WEIGHT TO THE AGREEMENT IN ISSUING ITS REVISED RATES ORDER BUT MAY CONSIDER ADDITIONAL FACTORS AT ITS DISCRETION; TO AMEND SECTION 37-6-602, RELATING TO THE QUALIFICATIONS OF THE CONSUMER ADVOCATE WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THESE QUALIFICATIONS; TO AMEND SECTION 37-6-604, RELATING TO THE FUNCTIONS AND DUTIES OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO DELETE A PROHIBITION AGAINST THE DIVISION REPRESENTING CONSUMERS IN UTILITY MATTERS, AND PERMIT THE CONSUMER ADVOCATE TO INTERVENE ON BEHALF OF CONSUMERS IN CERTAIN MATTERS BEFORE THE COMMISSION AND APPELLATE COURTS THAT AFFECT CONSUMERS; TO AMEND SECTION 37-6-607, RELATING TO PERMITTING THE CONSUMER ADVOCATE TO MAINTAIN ACTIONS FOR JUDICIAL REVIEW AND TO INTERVENE IN CIVIL PROCEEDINGS ON BEHALF OF CONSUMERS, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT THE ABOVE PROVISIONS DO NOT APPLY IN MATTERS ARISING UNDER TITLE 58 AFFECTING PUBLIC UTILITIES, SERVICES, AND CARRIERS; TO AMEND SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF, SO AS FURTHER DEFINE THE TERM "PUBLIC INTEREST" IN REGARD TO THE OFFICE
OF REGULATORY STAFF'S REPRESENTATION OF THE PUBLIC INTEREST BEFORE THE COMMISSION; TO AMEND SECTION 58-4-80, RELATING TO ACTIONS FOR JUDICIAL REVIEW OF ORDERS OF THE COMMISSION, SO AS TO PROVIDE THAT ON APPEAL, THE OFFICE OF REGULATORY STAFF DOES NOT REPRESENT THE COMMISSION; AND TO AMEND SECTION 58-4-55, RELATING TO THE PRODUCTION OF BOOKS, RECORDS, AND INFORMATION AS REQUIRED BY THE OFFICE OF REGULATORY STAFF, AND OTHER PROVISIONS RELATING TO NONCOMPLIANCE, INSPECTIONS, AUDITS, EXAMINATIONS, AND COSTS, SO AS TO REQUIRE SUCH PRODUCTION WITHOUT THE REQUIREMENT OF A CONFIDENTIALITY AGREEMENT OR PROTECTIVE ORDER, EXCEPT UNDER SPECIFIED CIRCUMSTANCES, TO PROVIDE WHEN SUCH INFORMATION MUST BE KEPT CONFIDENTIAL AND WHEN SUCH INFORMATION MAY BE DISCLOSED, TO PROVIDE SPECIFIC PROCEDURES TO PROTECT CONFIDENTIALITY, AND TO ALLOW THE OFFICE OF REGULATORY STAFF TO APPLY IN CIRCUIT COURT FOR SUBPOENAS TO BE ISSUED TO ENTITIES OVER WHICH THE COMMISSION DOES NOT HAVE JURISDICTION.
(R. 288, H. 4676 (Word version)) -- Reps. Collins and Felder: AN ACT TO AMEND SECTIONS 56-1-50, AS AMENDED, 56-1-125, 56-1-175, AS AMENDED, AND 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, A CONDITIONAL DRIVER'S LICENSE, AND A SPECIAL RESTRICTED DRIVER'S LICENSE, AND THE REQUIREMENT THAT CERTAIN INDIVIDUALS MUST REGISTER WITH THE UNITED STATES SELECTIVE SERVICE, ALL SO AS TO EXPAND APPROVAL AUTHORITY FOR CERTAIN DRIVERS' LICENSES FOR MINORS.
(R. 289, H. 4931 (Word version)) -- Reps. Elliott, Alexander, Simrill, Stringer, West, Allison, Henderson, G.R. Smith, Burns, Trantham, Hamilton, Bannister, Putnam, Robinson-Simpson, Chumley, Taylor, Douglas, Knight, Dillard and Blackwell: AN ACT TO AMEND SECTION 59-103-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISSIONS AND FOCUSES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO AUTHORIZE APPLIED BACCALAUREATE IN ADVANCED MANUFACTURING
TECHNOLOGY DEGREES, AND TO PROVIDE AUTHORIZATIONS OF SUCH DEGREES ONLY ARE ALLOWED WHEN NEW STATE GENERAL FUNDS ARE NOT APPROPRIATED FOR THE OPERATIONS OF THE DEGREE PROGRAMS.
CONFERENCE REPORT
H. 5231 (Word version)
The General Assembly, Columbia, S.C., May 21, 2018
The Committee of Conference, to whom was referred:
H. 5231 (Word version) -- Reps. Pitts, West and White: A BILL TO AMEND SECTION 50-9-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF REVENUES GENERATED FROM THE SALE OF PRIVILEGES TO HUNT AND FISH BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE DISTRIBUTION OF REVENUE GENERATED FROM THE SALE OF RECREATIONAL AND COMMERCIAL MARINE LICENSES, PERMITS, AND TAGS.
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 50-9-920(C) of the 1976 Code is amended to read:
"(C) Revenue generated from the sale of recreational and commercial marine licenses, permits, and tags shall be deposited to the Marine Resources Fund unless otherwise required by law. Revenue shall be distributed as follows, from each: generated from the sale of recreational licenses, permits, and tags must be distributed in accordance with the provisions of Sections 50-9-960 and 50-9-965
(1) annual or temporary recreational saltwater fishing license:
(a) twenty-five cents to saltwater administration;
(b) one dollar to law enforcement; and
(c) the balance to recreational saltwater programs;
(2) charter vessel license:
(a) five percent to saltwater administration;
(b) twenty percent to law enforcement; and
(c) the balance to recreational saltwater programs;
(3) saltwater fishing pier license:
(a) five percent to saltwater administration;
(b) twenty percent to law enforcement; and
(c) the balance to recreational saltwater programs;
(4) shrimp baiting license:
(a) seventy percent for additional enforcement efforts during the established shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws; and
(b) the balance to the Marine Resources Fund;
(5) sale of stamps, prints, and related articles:
(a) five percent to saltwater administration;
(b) twenty percent to saltwater enforcement; and
(c) the balance to recreational saltwater programs."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Sen. George E. Campsen /s/Rep. Michael A. Pitts /s/Sen. J. Thomas McElveen /s/Rep. William M. Hixon /s/Sen. Scott Talley /s/Rep. Lucas Atkinson On Part of the Senate. On Part of the House.Rep. PITTS explained the Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 100; Nays 0 Those who voted in the affirmative are:
Alexander Allison Anthony Atkinson Atwater Ballentine Bannister Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn
Printed Page 4955 . . . . . Thursday, June 28, 2018
Cogswell Cole Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pitts Pope Putnam S. Rivers Robinson-Simpson Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wheeler White Whitmire Williams Willis Wooten Young
Total--100 Those who voted in the negative are:
Total--0 The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
RECORD FOR VOTING I was temporarily out of the Chamber on constituent business during the vote on H. 5231. If I had been present, I would have voted in favor of adopting the Conference Report.
Rep. Wm. Weston Newton
Printed Page 4956 . . . . . Thursday, June 28, 2018
RECORD FOR VOTING I was temporarily out of the Chamber on constituent business during the vote on H. 5231. If I had been present, I would have voted in favor of adopting the Conference Report.
Rep. Robert Ridgeway
H. 5231--ORDERED ENROLLED FOR RATIFICATION The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
H. 4950--INTERRUPTED DEBATE CONFERENCE REPORT
H. 4950 (Word version)
The General Assembly, Columbia, S.C., June 26, 2018The Committee of Conference, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: /
Rep. J. E. SMITH raised the Point of Order that under House Rule 5.3.D.3 that the Conference Report on H. 4950 was out of order in that it was not printed and placed on the Members' desks.
The SPEAKER overruled the Point of Order and stated that the Conference Report had been printed pursuant to the requirements of the rule and was placed on the House desk and was in possession of the House Clerk. He stated that the rule did not require a copy of the
Conference Report be placed on the Members' desks before consideration.
Rep. WHITE explained the Conference Report.
Rep. MCCRAVY spoke against the Conference Report.
Rep. TOOLE spoke upon the Conference Report.
Rep. PITTS spoke in favor of the Conference Report.
The SPEAKER PRO TEMPORE granted Rep. G. M. SMITH a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. WILLIS a temporary leave of absence.
Rep. PITTS continued speaking.
Rep. HIXON moved that the House recede until 2:00 p.m., which was agreed to.
Further proceedings were interrupted by the House receding.
At 2:00 p.m. the House resumed, ACTING SPEAKER WEST in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on H. 4973 by a vote of 34 to 6.
(R. 272, H. 4973 (Word version)) -- Reps. Bales, Taylor, Brown, Hosey, Simrill, Hixon, Blackwell and Young: AN ACT TO AMEND SECTION 56-3-2150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES ISSUED TO CERTAIN CURRENT AND RETIRED PUBLIC OFFICIALS, SO AS TO DELETE THE PROVISION THAT REQUIRES A FORMER MEMBER OF THE GENERAL ASSEMBLY TO RECEIVE RETIREMENT BENEFITS TO OBTAIN A SPECIAL LICENSE PLATE, TO PROVIDE THAT A FORMER MEMBER OF THE GENERAL ASSEMBLY MAY BE ISSUED TWO SPECIAL LICENSE PLATES, AND TO PROVIDE THAT A PERSON WHO RESIGNS FROM OFFICE AS A RESULT OF AN INVESTIGATION OR CONVICTION OF CERTAIN CRIMES MAY NOT APPLY FOR OR MAINTAIN A SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-2350, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUANCE OF A SPECIAL REGISTRATION FOR A PERSON ENGAGED IN THE BUSINESS OF OPERATING MOTOR VEHICLES TO FACILITATE THE MOVEMENT OF CERTAIN VEHICLES, SO AS TO DEFINE THE TERM "FINANCIAL INSTITUTION", AND TO PROVIDE THAT A FINANCIAL INSTITUTION ENGAGED IN THE BUSINESS OF REPOSSESSING VEHICLES UNDER CERTAIN CIRCUMSTANCES MAY APPLY FOR SPECIAL REGISTRATION PURSUANT TO THIS PROVISION, TO REVISE THE APPLICATION FOR PERSONS ENGAGED IN THE BUSINESS OF OPERATING VEHICLES TO MOVE VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR OR FROM A RAILROAD TERMINAL TO CERTAIN LOCATIONS, AND TO PROVIDE THAT ALL REGISTRATION RECORDS AND REGISTERED VEHICLES MUST BE AVAILABLE TO THE DEPARTMENT FOR INSPECTION; AND TO AMEND SECTION 56-3-2370, RELATING TO THE TRANSFER OF TRANSPORTER LICENSE PLATES, SO AS TO REVISE THE PURPOSES FOR WHICH THE LICENSE PLATES MAY BE USED.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on S. 1160 by a vote of 37 to 0.
(R. 230, S. 1160 (Word version)) -- Senators Campsen, Kimpson, Goldfinch, Campbell, Bennett, Grooms, M. B. Matthews and Senn: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES MAY ESTABLISH COMPENSATION FOR BOARD MEMBERS IN AN AMOUNT UP TO EIGHT HUNDRED DOLLARS PER MONTH, AND NINE HUNDRED DOLLARS PER MONTH FOR THE CHARLESTON COUNTY SCHOOL BOARD CHAIRMAN, AND TO PROVIDE THAT ANY COMPENSATION AMOUNT ESTABLISHED BY THE BOARD OF TRUSTEES MUST NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR BOARD MEMBERS. - ratified title
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Malloy, Campsen and Massey of the Committee of Free Conference on the part of the Senate on S. 107:
S. 107 (Word version) -- Senators Campsen, Hutto, Massey, Hembree and Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125, SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION, IF THE
LIEUTENANT GOVERNOR RESIGNS OR IS REMOVED FROM OFFICE, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR FOR THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12, SO AS TO ESTABLISH THE PROCEDURE BY WHICH A PERSON NOMINATED AS GOVERNOR SELECTS A LIEUTENANT GOVERNOR AS A JOINT TICKET RUNNING MATE; BY ADDING SECTION 7-13-315, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO ENSURE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR ARE ELECTED JOINTLY; BY ADDING SECTION 8-13-1301, SO AS TO PROVIDE THAT JOINTLY ELECTED CANDIDATES MUST BE CONSIDERED A SINGLE CANDIDATE FOR CONTRIBUTIONS AND ESTABLISHING A COMMITTEE; TO AMEND SECTION 8-13-1314, RELATING TO CONTRIBUTION LIMITATIONS, SO AS TO PROVIDE THAT WITHIN AN ELECTION CYCLE, CONTRIBUTIONS FOR STATEWIDE CANDIDATES ARE INCREASED FROM THREE TO FIVE THOUSAND DOLLARS, CONTRIBUTIONS FOR JOINTLY ELECTED CANDIDATES ARE FIVE THOUSAND DOLLARS, AND CONTRIBUTIONS FOR CANDIDATES FOR OTHER OFFICES ARE INCREASED FROM ONE TO TWO THOUSAND DOLLARS AND THAT FUTURE LIMITATIONS ON CONTRIBUTIONS MUST BE INCREASED BY THE STATE ETHICS COMMISSION DEPENDENT UPON THE CONSUMER PRICE INDEX; TO AMEND SECTION 7-11-15(A), RELATING TO FILING AS A CANDIDATE FOR THE GENERAL ELECTION, SO AS TO PROVIDE IF MARCH 30, THE DEADLINE FOR FILING, IS ON A SATURDAY OR SUNDAY, THE TIME FOR FILING EXTENDS TO THE NEXT BUSINESS DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; TO AMEND SECTION 7-13-45, RELATING TO ESTABLISHING HOURS FOR ACCEPTING CANDIDATE FILINGS, SO AS TO DELETE SPECIFIC REFERENCES TO THE NUMBER OF HOURS AND PROVIDE THAT FILINGS BE ACCEPTED DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS; TO AMEND SECTIONS 1-3-120, 1-3-130, 1-6-30(9), 1-9-30, 1-11-10(D), 1-11-425, 1-18-70, 1-23-280(B) AND (E), 1-23-290(D), 2-1-230(C), 2-1-250(B), 2-2-30(B)(1), 2-2-40(B), 2-3-20, 2-3-75(B)(3), 2-3-105(A)(4), 2-15-60(b), 2-17-90(A)(1), 2-17-90(A)(6)(c), 2-17-100(3), 2-19-10(B)(2), 2-41-70, 2-67-20(E)(1)(a), 2-69-20, 2-69-40, 2-75-10, 3-11-400(C)(3)(b)(iii), 5-1-26(B)(4), 5-1-26(F), 6-4-35(A)(2), 6-29-
1330(D)(3), 6-29-1330(G), 8-13-540(3)(d), 8-13-715, 8-13-1373, 9-4-10(B)(1)(b), 9-4-40, 9-16-90, 9-16-380, 10-1-168(I), 11-9-890B.(2), 11-11-350, 11-43-140, 11-45-40(B)(1), 11-50-50, 11-57 340, 12-3-10(A)(1), 13-1-25(B), 23-1-230(G), 24-22-150, 37-29-110, 38-3-110(5)(c), 38-75-490(D), 40-47-10(A)(4), 44-128-50(B)(2), 46-3-260(A), 48-52-440(D)(2), 48-59-40(A)(4), 51-13-720, 51-13-2120(3), 51-18-115, 54-6-10(B)(3), 59-6-10, 59-40-230(A), 59-46-40(A)(4), 59-150-40(A), 59-150-40(C), 59-150-40(D), 59-150-320, 59-150-325(A), 60-11-150(B), 60-17-10, 63-1-50(A), 63-1-50(B), 63-11-1720(B), 63-11-1720(C), 63-11-1930(A)(11), AND 63-11-2110(B)(4), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE PRESIDENT OF THE SENATE PRO TEMPORE, SO AS TO REVISE STATUTORY REFERENCES FROM THE PRESIDENT OF THE SENATE PRO TEMPORE TO THE PRESIDENT OF THE SENATE AND TO MAKE ADDITIONAL CLARIFYING CHANGES; TO AMEND SECTIONS 1-3-620, 1-11-720(A)(9), 1-23-125(B), 1-23-125(D), 2-3-30, 2-3-90, 7-11-30(A), 7-17-10, 9-1-10(11)(g), 9-1-10(14), 10-1-40, 14-27-20(10), 14-27-30, 14-27-40(2), 14-27-80, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130(A)(1), 43-21-190(2), 44-36-310, 44-36-320(7), 44-36-330, 44-560-840(A), 54-7-100, AND 59-6-15(A)(3), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR, SO AS TO REVISE STATUTORY REFERENCES TO CONFORM TO CONSTITUTIONAL AND STATUTORY CHANGES CONCERNING SELECTION AS PART OF A JOINT TICKET AND TO MAKE THE GOVERNOR RESPONSIBLE FOR THE EXISTING DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR SO THE GOVERNOR MAY DETERMINE HOW THOSE DUTIES AND RESPONSIBILITIES MAY BE ACCOMPLISHED; TO AMEND SECTION 1 1 1210, RELATING TO SALARIES OF CERTAIN STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE FOR THE AGENCY HEAD SALARY COMMISSION TO STUDY AND RECOMMEND SALARY RANGES AND DETERMINE SALARIES FOR THESE OFFICERS, AND TO REQUIRE RECUSAL OF COMMISSION MEMBERS IN CERTAIN CIRCUMSTANCES; AND TO REQUIRE, ON OR BEFORE JANUARY 1, 2019, THE CODE COMMISSIONER TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL
APPROPRIATE AND CONFORMING CHANGES TO THE 1976 CODE OF LAWS REFLECTING THE PROVISIONS OF THIS ACT.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4950:
H. 4950 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very Respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1043:
S. 1043 (Word version) -- Senators Turner and Talley: TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT AS CONTAINED IN CHAPTER 67, TITLE 12 OF THE 1976 CODE UNTIL DECEMBER 31, 2025; TO AMEND SECTION 12-67-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR
REVITALIZING AN ABANDONED BUILDING, SO AS TO SPECIFY THE MANNER IN WHICH CERTAIN BUILDINGS MAY BE SUBDIVIDED; TO AMEND SECTION 12-65-20, RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO MODIFY CERTAIN DEFINITIONS; TO AMEND SECTION 12 6 50, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE SPECIFICALLY NOT ADOPTED BY THIS STATE, SO AS TO REMOVE THE ALTERNATIVE TAX ON QUALIFYING SHIPPING ACTIVITIES; TO AMEND SECTION 12 6 1110, RELATING TO MODIFICATIONS OF INCOME, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTIONS 12 67 140 AND 12 6 3535, RELATING TO THE TAX CREDIT FOR REHABILITATING AN ABANDONED BUILDING OR A CERTIFIED HISTORIC STRUCTURE, RESPECTIVELY, SO AS TO SPECIFY THE MANNER IN WHICH UNUSED CREDIT MAY BE CARRIED FORWARD AND ALLOCATED; BY ADDING SECTION 12 6 3378 SO AS TO ALLOW A TAX CREDIT TO AN AGRIBUSINESS OPERATION OR AN AGRICULTURAL PACKAGING OPERATION THAT INCREASES ITS PURCHASES OF AGRICULTURAL PRODUCTS WHICH HAVE BEEN CERTIFIED AS SOUTH CAROLINA GROWN, AND TO SPECIFY THE MANNER IN WHICH THE CREDIT IS ADMINISTERED; TO AMEND SECTION 12 10 80, RELATING TO THE JOBS DEVELOPMENT CREDIT, SO AS TO MAKE CERTAIN QUALIFYING SERVICE RELATED FACILITIES ELIGIBLE FOR THE CREDIT; TO AMEND SECTION 12 6 2295, RELATING TO ITEMS INCLUDED AND EXCLUDED FROM TERMS "SALES" AND "GROSS RECEIPTS", SO AS TO PROVIDE THAT RECEIPTS FROM THE PROVISION OF DIRECT BROADCAST SATELLITE SERVICE ARE ATTRIBUTABLE TO THIS STATE IN PRO RATA PROPORTION OF THE COSTS OF PERFORMING THE SERVICE; TO AMEND SECTION 12 60 30, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES DEFINITIONS, SO AS TO PROVIDE DEFINITIONS; TO AMEND SECTION 12 60 450, RELATING TO APPEALS OF PROPOSED ASSESSMENTS, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY AFFECTED COUNTIES IN CERTAIN INSTANCES; TO AMEND SECTION 12 60 2120, RELATING TO PROPERTY TAX APPEALS BY WRITTEN PROTEST, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOTIFY ANY AFFECTED COUNTIES OF A WRITTEN PROTEST; TO AMEND SECTION 12 60 2140, RELATING TO
CERTAIN PAYMENTS AND REFUNDS, SO AS TO PROVIDE THAT NO REFUND IS DUE FOR ANY TAX YEAR BEFORE THE THREE TAX YEARS IMMEDIATELY PRECEDING THE FINAL DETERMINATION; AND TO AMEND SECTION 12 60 2150, RELATING TO FILING A CLAIM FOR A REFUND, SO AS TO PROVIDE FOR CERTAIN NOTIFICATIONS AND TO PROVIDE THAT A FAILURE TO TIMELY ISSUE A WRITTEN NOTICE IS CONSIDERED A DENIAL.
Very Respectfully,
President
Received as information.
The SPEAKER granted Rep. ROBINSON-SIMPSON a leave of absence for the remainder of the day.
The SPEAKER granted Rep. POPE a leave of absence for the remainder of the day.
Debate was resumed on the following Conference Report, the pending question being the consideration of the Conference Report:
The Committee of Conference, to whom was referred:
H. 4950 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: /
Rep. HILL moved that the House do now adjourn, which was rejected.
Rep. J. E. SMITH spoke against the Conference Report.
Rep. JEFFERSON spoke in favor of the Conference Report.
Rep. BALES spoke in favor of the Conference Report.
Rep. CLARY spoke in favor of the Conference Report.
Rep. GILLIARD moved that the House do now adjourn, which was rejected.
Rep. HILL spoke against the Conference Report.
The SPEAKER granted Rep. J. E. SMITH a leave of absence for the remainder of the day.
The SPEAKER granted Rep. NORRELL a leave of absence for the remainder of the day due to a prior speaking engagement.
Rep. HILL continued speaking.
Further proceedings were interrupted by the consideration of a veto by the Governor.
The SPEAKER ordered the following Veto printed in the Journal:
June 28, 2018
The Honorable James H. Lucas
Speaker of the House of Representatives State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval R. 287, H. 4375 (Word version), which principally pertains to the Base Load Review Act of 2007.
To be clear, I applaud the General Assembly for including several critical reform initiatives in this legislation, such as strengthening the Office of Regulatory Staff and restoring the role of the consumer advocate for future utility cases. However, I am vetoing this bill because it is unacceptable, irresponsible, and unconscionable for any South Carolinian to pay another dime to SCANA for the abandoned V.C. Summer reactors in Fairfield County. Accordingly, I call on the General Assembly to sustain this veto, remain in session, and send me a bill that ensures SCANA ratepayers will not pay a single additional dollar towards the failed nuclear project.
In my State of the State address on January 24, 2018, as well as in the enclosed letter of January 23, 2018, I called on the General Assembly to pass legislation to replace the Base Load Review Act of 2007 and to remove the entire 18% ratepayer surcharge for the failed nuclear project. Because the free market and principles of corporate responsibility demand that the consequences of SCANA's errors land where their dividends and profits have landed, I repeatedly called on the General Assembly to prevent ratepayers from being charged in the future for the two abandoned reactors at V.C. Summer. I plainly stated that I would veto anything less.
The House of Representatives acted in a timely and responsible manner and passed an experimental rate that removed the entire nuclear surcharge; however, the Senate failed to sufficiently protect SCANA's ratepayers--instead passing only a temporary 13% reduction. Unfortunately, the senators on the conference committee refused to adopt the reforms passed by the House of Representatives. This refusal allowed SCANA to continue collecting over $1 million per day from its customers for the abandoned nuclear project. Due to charges imposed during the resulting delay, SCANA's ratepayers would potentially receive less protection under the conference report's so-called 15% compromise cut than they would have under the Senate's initial proposal.
My position has not changed. Because this bill does not fully protect the ratepayers, I am returning the same without my signature. By promptly doing so before legislators leave town, my aim is to encourage the General Assembly to remain in Columbia and to provide them ample time to deal with this extraordinary matter in a just and equitable manner. The last thing this situation needs is additional unnecessary delay, which further benefits SCANA at the expense of the ratepayers. Section (D)(1) of the Sine Die Resolution, H. 5383, gives the General Assembly the ability to avoid interruption and continue working to provide the
complete relief that the ratepayers deserve. The time has come to end the parliamentary gamesmanship and act without fear of SCANA's threatened and seemingly inevitable legal challenge. The people of South Carolina deserve better.
At bottom, it has become increasingly and abundantly clear that the Base Load Review Act of 2007 allowed SCANA to perpetrate what amounts to a massive fraud on its ratepayers, both under color of law and apparently at times with either assistance from or the complacency of Santee Cooper's leadership. Thus, while it can be said that the General Assembly was an unwitting accessory before the fact in this venture, I will not be an accessory after the fact. To borrow a phrase from the criminal law context, SCANA's nuclear-related profits are akin to "fruit of the poisonous tree." Because I cannot--and South Carolina should not--condone continuing to subsidize fraud, misfeasance, or imprudence of any kind, degree, or amount, I am compelled to veto this Bill.
For the foregoing reasons, I am respectfully vetoing R. 287, H. 4375 and returning the same without my signature.
Yours very truly,
Henry McMaster
Governor
The Veto on the following Act was taken up:
(R. 287, H. 4375 (Word version)) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, Robinson-Simpson, V. S. Moss, Clyburn, Martin, Magnuson, Bennett, Arrington, Daning, Weeks, Henderson and Govan: AN ACT TO AMEND SECTION 58-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE BASE LOAD REVIEW ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION MUST NOT ACCEPT A BASE LOAD REVIEW APPLICATION, NOR MAY IT CONSIDER ANY REQUESTS MADE PURSUANT TO ARTICLE 4, CHAPTER 33, TITLE 58, OTHER THAN IN A DOCKET CURRENTLY PENDING BEFORE THE COMMISSION, AND TO PROVIDE THAT THE
PROVISIONS OF ARTICLE 4, CHAPTER 33, TITLE 58 ARE REPEALED UPON THE CONCLUSION OF LITIGATION CONCERNING THE ABANDONMENT OF V.C. SUMMER UNITS 2 AND 3; BY ADDING CHAPTER 34 TO TITLE 58 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH ELECTRICITY RATES FOR CERTAIN RATEPAYERS WHO ARE PAYING ADDITIONAL CHARGES UNDER THE BASE LOAD REVIEW ACT FOR THE CONSTRUCTION OF NUCLEAR PLANTS OR PROJECTS SHALL BE REVISED AND DETERMINED, AND TO PROVIDE FOR PROCEDURES AND PROVISIONS OF LAW WHICH APPLY AND DO NOT APPLY IN REGARD TO THE ADJUSTMENT OF ELECTRICITY RATES AS PROVIDED BY CHAPTER 34; TO AMEND SECTION 58-33-280, RELATING TO REQUESTS FOR APPROVAL OF REVISED RATES UNDER THE BASE LOAD REVIEW ACT, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MUST GIVE SUBSTANTIAL WEIGHT TO AN AGREEMENT WHERE BOTH THE OFFICE OF REGULATORY STAFF AND THE UTILITY AGREE ON THE REVISED RATES AND INSTEAD PROVIDE IN THIS INSTANCE THAT THE COMMISSION MAY GIVE WEIGHT TO THE AGREEMENT IN ISSUING ITS REVISED RATES ORDER BUT MAY CONSIDER ADDITIONAL FACTORS AT ITS DISCRETION; TO AMEND SECTION 37-6-602, RELATING TO THE QUALIFICATIONS OF THE CONSUMER ADVOCATE WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THESE QUALIFICATIONS; TO AMEND SECTION 37-6-604, RELATING TO THE FUNCTIONS AND DUTIES OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO DELETE A PROHIBITION AGAINST THE DIVISION REPRESENTING CONSUMERS IN UTILITY MATTERS, AND PERMIT THE CONSUMER ADVOCATE TO INTERVENE ON BEHALF OF CONSUMERS IN CERTAIN MATTERS BEFORE THE COMMISSION AND APPELLATE COURTS THAT AFFECT CONSUMERS; TO AMEND SECTION 37-6-607, RELATING TO PERMITTING THE CONSUMER ADVOCATE TO MAINTAIN ACTIONS FOR JUDICIAL REVIEW AND TO INTERVENE IN CIVIL PROCEEDINGS ON BEHALF OF CONSUMERS, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT THE ABOVE PROVISIONS DO NOT APPLY IN MATTERS ARISING UNDER TITLE 58 AFFECTING PUBLIC UTILITIES, SERVICES, AND
CARRIERS; TO AMEND SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF, SO AS FURTHER DEFINE THE TERM "PUBLIC INTEREST" IN REGARD TO THE OFFICE OF REGULATORY STAFF'S REPRESENTATION OF THE PUBLIC INTEREST BEFORE THE COMMISSION; TO AMEND SECTION 58-4-80, RELATING TO ACTIONS FOR JUDICIAL REVIEW OF ORDERS OF THE COMMISSION, SO AS TO PROVIDE THAT ON APPEAL, THE OFFICE OF REGULATORY STAFF DOES NOT REPRESENT THE COMMISSION; AND TO AMEND SECTION 58-4-55, RELATING TO THE PRODUCTION OF BOOKS, RECORDS, AND INFORMATION AS REQUIRED BY THE OFFICE OF REGULATORY STAFF, AND OTHER PROVISIONS RELATING TO NONCOMPLIANCE, INSPECTIONS, AUDITS, EXAMINATIONS, AND COSTS, SO AS TO REQUIRE SUCH PRODUCTION WITHOUT THE REQUIREMENT OF A CONFIDENTIALITY AGREEMENT OR PROTECTIVE ORDER, EXCEPT UNDER SPECIFIED CIRCUMSTANCES, TO PROVIDE WHEN SUCH INFORMATION MUST BE KEPT CONFIDENTIAL AND WHEN SUCH INFORMATION MAY BE DISCLOSED, TO PROVIDE SPECIFIC PROCEDURES TO PROTECT CONFIDENTIALITY, AND TO ALLOW THE OFFICE OF REGULATORY STAFF TO APPLY IN CIRCUIT COURT FOR SUBPOENAS TO BE ISSUED TO ENTITIES OVER WHICH THE COMMISSION DOES NOT HAVE JURISDICTION.
Rep. FINLAY explained the Veto.
Rep. OTT spoke against the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns
Caskey Chumley Clary Clemmons Clyburn Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Jefferson Jordan Kirby Knight Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Putnam Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Wooten Young
Those who voted in the negative are:
Hill
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
After previously recusing myself from voting on H. 4375 due to the potential appearance of a conflict of interest, I inadvertently voted to override the Governor's veto. I wish the record to reflect that I meant to abstain from voting.
Rep. Bruce Bannister
Debate was resumed on the following Conference Report, the pending question being the consideration of the Conference Report:
The Committee of Conference, to whom was referred:
H. 4950 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: /
Rep. SIMRILL spoke in favor of the Conference Report.
Rep. GILLIARD spoke in favor of the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atkinson Bales Bannister Bernstein Blackwell
Bowers Bradley Brawley Brown Bryant Clary Clemmons Clyburn Cogswell Cole Collins Crawford Daning Davis Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Jefferson Jordan Kirby Knight Lucas Mack Martin McCoy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Weeks West Wheeler White Whitmire Williams Young
Those who voted in the negative are:
Atwater Ballentine Bennett Burns Caskey Chumley Crosby Elliott Fry Hamilton Hardee Henderson Hill Hiott Huggins Johnson Loftis Long Mace Magnuson McCravy Putnam G. R. Smith Stringer Thayer Toole Trantham Wooten
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber on temporary leave to attend a previously scheduled continuing education class for work. If I had been in the Chamber, I would have voted 'No' to H. 4950.
Rep. Mark Willis
I voted in favor of the Conference Report on H. 4950 for the following reasons:
1) Governor Henry McMaster has directed DHHS to request a CMS waiver which would allow South Carolina to cancel its contract with providers of women's health services that also provide abortion services with family planning funds, such as Planned Parenthood. (Ex. Order 2017-15)
2) Governor Henry McMaster issued an Executive Order prohibiting the expenditure of any state or federal money in South Carolina from directly or indirectly funding abortion services, pursuant to the Hyde Amendment. (Ex. Order 2017-15)
3) No state or federal dollars were spent on abortion services in South Carolina in Fiscal Year 2017-2018. The only funds paid to Planned Parenthood were the result of Medicaid Patients choosing Planned Parenthood for family planning services. The federal government prohibits each state from restricting free choice of providers for Medicaid patients without a waiver. (Sec. 1902(a)(23) Social Security Act) and (42 CFR 431.51(a)(6)).
4) Based on the Conference Report presented to the Body, the House was faced with only two choices that would allow state government to continue to operate: vote for the Budget or vote for a Continuing Resolution, both of which continue funding for women's health services with family planning funds, at providers like Planned Parenthood.
5) I have the commitment of the House leadership and the majority of the House Republican Caucus to continue to pursue the pro-life agenda as set forth in the Republican Party Platform, and to sustain any gubernatorial veto of funding for Planned Parenthood.
For the foregoing reasons I have cast an affirmative vote on this Budget.
Rep. Bruce Bannister Rep. Peter McCoy
Rep. Joe Daning Rep. Timothy McGinnis
Rep. Sylleste Davis Rep. Lee Hewitt
Rep. Samuel Rivers Jr. Rep. Mike Forrester
Rep. Craig Gagnon Rep. Rita Allison
Rep. Dennis Moss Rep. Jay Jordan
Rep. Eddie Tallon Sr.
We appreciate and share the passion of many Members of our Body for protecting the rights of the unborn and, for that reason, voted for several pro-life amendments to the Budget that would prohibit Planned Parenthood from receiving Medicaid reimbursements for family-planning services.
Unfortunately, those amendments did not succeed and when faced with rejecting the entire Budget, we could not agree.
Our reasoning includes: First, under current law, none of the federal or state funding that Planned Parenthood receives can be used for abortion except to protect the health of the mother or in cases of rape or incest. Second, the state Department of Health & Human Services is finalizing a waiver request for submission to the federal Centers for Medicare & Medicaid Services that would prohibit Planned Parenthood from receiving money for family-planning purposes and which we have requested assistance for from our federal delegation members. Were it not for these two facts, we would have voted against the appropriation's Conference Committee Budget compromise. However, in light of these facts, and after weighing the bad outcomes that would be associated with heading into a new fiscal year on July 1 without a budget which would mean no K-12 teacher pay increases and no additional funding for school resource officers, we voted in favor of the Budget Conference Committee Report.
Rep. Shannon Erickson Rep. Brandon Newton
Rep. Raye Felder Rep. Heather Ammons Crawford
Rep. Bill Sandifer Rep. Alan Clemmons
Rep. Jay West
We appreciate and share certain Member's passion for protecting the rights of the unborn and, for that reason, voted with them and other pro-
life Representatives for amendments to the Budget that would prohibit Planned Parenthood from receiving Medicaid reimbursements for family-planning services.
Unfortunately, those amendments did not become apart of the Conference Report. However, when Members today moved to reject the entire state Budget because it failed to include to such prohibits, we were in opposition. Here's why: First, under current law, none of the federal or state funding that Planned Parenthood receives can be used for abortion services except to protect the health of the mother or in cases of rape or incest. Second, the state Department of Health & Human Services is finalizing a waiver request for submission to the federal Centers for Medicare & Medicaid Services that would prohibit Planned Parenthood from receiving money for family-planning purposes. Were it not for these two facts, we would have supported the motion to reject the Budget; however, in light of these facts, and after weighing the bad outcomes that would be associated with heading into a new fiscal year on July 1 without a budget which-- no K-12 teacher pay increases and no additional funding for school resource officers, to name but two--we opposed this motion.
Rep. G. Murrell Smith Rep. Gary Simrill
Rep. Dennis Moss Rep. Bill Hixon
Rep. Brian White
I appreciate and share the passion of many of my colleagues for protecting the rights of the unborn. Under current law, none of the federal or state funding that Planned Parenthood receives can be used for abortion services except to protect the health of the mother or in cases of rape or incest. Second, the state Department of Health & Human Services is finalizing a waiver request for submission to the federal Centers for Medicare & Medicaid Services that would prohibit Planned Parenthood from receiving money for family-planning purposes. Were it not for these two facts, I would have reject the Budget; however, in light of these facts, and after weighing the bad outcomes that would be associated with heading into a new fiscal year on July 1 without a budget which-- no K-12 teacher pay increases and no additional funding for school resource officers, to name but two--I voted in favor of the Budget Conference Report.
Rep. Bill Taylor
I voted no on H. 4950, the Budget Bill, because the Planned Parenthood provision could not be reconciled.
Rep. Dwight Loftis
I voted against the Conference Report on H. 4950 for the following reason:
The original House version of H. 4950 contained a proviso to defund all Planned Parenthood activities in South Carolina. After going through conference committee with the Senate, one of the Republican Senate conferees sided with the Democrats to take out the anti-Planned Parenthood proviso. The House was given a compromised Budget devoid of a proviso that represented a fundamental republican belief - that the lives of the unborn are sacred. Having spent the last five years fighting against organizations such as Planned Parenthood, I could not in good conscience vote for a Budget that does not reflect the values of my constituents.
Rep. Tommy Stringer
The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 4950 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very respectfully,
President
Received as information.
The SPEAKER ordered the following Veto printed in the Journal:
May 19, 2018
The Honorable Kevin L. Bryant
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R. 230, S. 1160 (Word version), which seeks to authorize the Board of Trustees of the Charleston County School District to receive a monthly stipend and to set the amount of the same. Although I recognize and appreciate the time and energy that many school board members dedicate to their duties, for the reasons set forth below, I am compelled to veto S. 1160.
Under current law, the members of the Board of Trustees serve without pay but receive mileage and a per diem for meetings actually attended. S. 1160 would allow the Board of Trustees to establish compensation in an amount up to $9,600 per year for members and up to $10,800 per year for the board chairman. Such an increase would represent a total cost to Charleston County taxpayers of over $87,000, which would more than cover two teachers' starting salaries or could instead be used to increase those salaries.
Article III, section 34 of the South Carolina Constitution expressly prohibits the General Assembly from enacting local or special laws "where a general law can be made applicable," S.C. Const. art. III, Section 34(IX); however, our courts have held that greater deference is warranted when local legislation relates to the General Assembly's article XI authority to establish, organize, and support a system of public schools. Nevertheless, as I have previously noted in vetoing similar special legislation, there is an assortment of authorities governing South Carolina's school districts. Consequently, school districts have varying degrees of fiscal autonomy, and there is no uniform method of compensating school board members. In some school districts, board members serve without pay, whereas in others, board members receive in excess of $15,000 per year.
I believe that decisions of this nature--concerning the operation and financial affairs of local school districts and the compensation of their
board members--should be made primarily by the citizens of the affected communities and their local elected representatives. Instead of micromanaging matters such as the compensation of school board members through piecemeal and inconsistent special legislation, the State should allow local officials to make these decisions and trust their constituents to hold them accountable--but, again, not through constitutionally suspect special legislation such as this. Rather, like several of my predecessors, I maintain that the General Assembly should enact statewide legislation that provides uniform authority and autonomy to all of South Carolina's school districts.
For the foregoing reasons, I am respectfully vetoing R. 230, S. 1160 and returning the same without my signature.
Yours very truly,
Henry McMaster
Governor
The Veto on the following Act was taken up:
(R. 230, S. 1160 (Word version)) -- Senators Campsen, Kimpson, Goldfinch, Campbell, Bennett, Grooms, M. B. Matthews and Senn: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES MAY ESTABLISH COMPENSATION FOR BOARD MEMBERS IN AN AMOUNT UP TO EIGHT HUNDRED DOLLARS PER MONTH, AND NINE HUNDRED DOLLARS PER MONTH FOR THE CHARLESTON COUNTY SCHOOL BOARD CHAIRMAN, AND TO PROVIDE THAT ANY COMPENSATION AMOUNT ESTABLISHED BY THE BOARD OF TRUSTEES MUST NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR BOARD MEMBERS.
Rep. STAVRINAKIS explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atkinson Bales Bannister Bennett Bernstein Blackwell Bowers Bradley Brown Burns Clary Clemmons Clyburn Collins Crosby Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Funderburk Gilliard Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Jefferson Kirby Knight Loftis Lucas Mack Martin McCoy McEachern McGinnis V. S. Moss Murphy B. Newton Ott Parks Pendarvis Pitts Ridgeway M. Rivers S. Rivers Simrill G. M. Smith Sottile Spires Stavrinakis Stringer Thigpen Weeks West Wheeler Williams Young
Those who voted in the negative are:
Allison Bryant Chumley Felder Forrester Fry Hill Johnson Jordan Long Magnuson McCravy D. C. Moss G. R. Smith Trantham
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
CONFERENCE REPORT
S. 1043 (Word version)
The General Assembly, Columbia, S.C., June 28, 2018
The Committee of Conference, to whom was referred:
S. 1043 (Word version) -- Senators Turner and Talley: A BILL TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT AS CONTAINED IN CHAPTER 67, TITLE 12 OF THE 1976 CODE UNTIL DECEMBER 31, 2025.
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. Notwithstanding SECTION 1.B. of Act 57 of 2013, the provisions of Chapter 67, Title 12 of the 1976 Code are repealed on December 31, 2021.
SECTION 2. A. Section 12-67-140 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) For building sites which have had no portion thereof placed into service before July 1, 2018, and upon which is located a redeveloped multi-floor structure that is listed on the National Register of Historic Places, the taxpayer may subdivide the structure into separate units in the manner as provided for in this chapter, except that up to seven separate floors may be considered seven separate subdivided units if a floor is redeveloped for the exclusive use as a residential apartment or apartments. Before making an initial claim for tax credits pursuant to this chapter, in lieu of the requirements of Section 12-67-140(B)(1), a taxpayer utilizing the provisions of this subsection must notify the department in writing of his intent to claim tax credits pursuant to this chapter, providing any information required by the department, including, but not necessarily limited to, the location of the building site,
the actual expenses incurred in connection with the rehabilitation of the building site, the number of units for which a credit is being claimed, and the date the building site will be placed in service. Except as specifically provided otherwise in this subsection, taxpayers are subject to all other requirements of this chapter."
B. This SECTION takes effect upon approval by the Governor and first applies to eligible building sites placed in service after June 30, 2018.
SECTION 3. A. Section 12-65-20(4) and (8) of the 1976 Code are amended to read:
"(4) 'Textile mill site' means the textile mill together with the land and other improvements on it which were used directly for textile manufacturing operations or ancillary uses. However, the area of the site is limited to the land located within the boundaries where the textile manufacturing, dying, or finishing facility structure is located and does not include land located outside the boundaries of the structure or devoted to ancillary uses. Notwithstanding the provisions of this item, with respect to any site acquired by a taxpayer before January 1, 2008, or a site located on the Catawba River near Interstate 77, or a site which, on the date the notice of intent to rehabilitate is filed, is located in a distressed area of a county in this State, as designated by the applicable council of government, the textile mill site includes the textile mill structure, together with all land and improvements which were used directly for textile manufacturing operations or ancillary uses, or were located on the same parcel or a contiguous parcel within one thousand feet of any textile mill structure or ancillary uses. For purposes of this item, 'contiguous parcel' means any separate tax parcel sharing a common boundary with an adjacent parcel or separated only by a private or public road.
(8) 'Rehabilitation expenses' means the expenses or capital expenditures incurred in the rehabilitation, renovation, or redevelopment of the textile mill site, including without limitations, the demolition of existing buildings, environmental remediation, site improvements and the construction of new buildings and other improvements on the textile mill site, but excluding the cost of acquiring the textile mill site or the cost of personal property located at the textile mill site. For expenses associated with a textile mill site to qualify for the credit, the textile mill and buildings on the textile mill site must be either renovated or demolished. Rehabilitation expenses associated with new or rehabilitated buildings on a textile mill site that increases the amount of
square footage of the buildings that existed on the site by more than two hundred percent must not be considered a rehabilitation expense for the purpose of calculating the credit."
B. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2017.
SECTION 4. A. Section 12-6-50(13) of the 1976 Code is amended to read:
"(13) Sections 1352 through 1359 relating to an alternative tax on qualifying shipping activities Reserved;"
B. Section 12-6-1110 of the 1976 Code is amended to read:
"Section 12-6-1110. (A) For South Carolina income tax purposes, gross income, adjusted gross income, and taxable income as calculated under the Internal Revenue Code are modified as provided in this article and subject to allocation and apportionment as provided in Article 17 of this chapter.
(B) If a taxpayer has made an election pursuant to Internal Revenue Code Section 1354 to be taxed under the provisions of Section 1352-1359 of the Internal Revenue Code, Election to Determine Taxable Income from Certain International Shipping Activities, the election is not effective for South Carolina income tax purposes, and the taxpayer is taxed in accordance with this chapter as though no federal Section 1354 election has been made."
C. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2017.
SECTION 5. A. Section 12-67-140(B)(3)(a) of the 1976 Code is amended to read:
"(a) The entire credit is earned in the taxable year in which the applicable phase or portion of the building site is placed in service but must be taken in equal installments over a three-year period beginning with the tax year in which the applicable phase or portion of the building site is placed in service. Unused credit may be carried forward for the succeeding five years at the individual, partnership, or limited liability company level."
B. Section 12-67-140(B)(6) of the 1976 Code is amended to read:
"(6) To the extent that the taxpayer is a partnership or a limited liability company taxed as a partnership, the credit, including any unused credit amount carried forward, may be passed through to the partners or members and may be allocated among any of its partners or members on an annual basis including, without limitation, an allocation of the entire credit or unused carryforward to one any partner or member, who was a member or partner at any time in the year in which the credit or unused carryforward is allocated. The allocation must be allowed without regard to any provision of the Internal Revenue Code or regulations promulgated pursuant thereto, that may be interpreted as contrary to the allocation, including, without limitation, the treatment of the allocation as a disguised sale."
C. Section 12-6-3535(C) of the 1976 Code is amended to read:
"(C)(1) The entire credit may not be taken for the taxable year in which the property is placed in service but must be taken in equal installments over a three-year period beginning with the year in which the property is placed in service. 'Placed in service' means the rehabilitation is completed and allows for the intended use. Any unused portion of any credit installment may be carried forward for the succeeding five years at the individual, partnership, or limited liability company level.
(2) The credit earned pursuant to this section by an 'S' corporation owing corporate level income tax must be used first at the entity level. Remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership. The credit, including any unused credit amount carried forward, earned pursuant to this section by a general partnership, limited partnership, limited liability company, or other pass-through entity, as defined in Section 12-6-545, must be passed through to its partners and may be allocated among partners, including, without limitation, an allocation of the entire credit or unused carryforward to one any partner who was a member or partner at any time in the year in which the credit or unused carryforward is allocated, in a manner agreed to by the partners or members. As used in this item the term 'partner' means a partner, member, or owner of an interest in the pass-through entity, as applicable. If the taxpayer makes a pass-through election under Section 50(d) of the Internal Revenue Code, the taxpayer may elect to pass the credit claimed pursuant to this section to the tenant of the eligible structure or to retain the credit."
D. This SECTION takes effect upon approval by the Governor and first applies to buildings placed in service after June 30, 2018.
SECTION 6. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3378. (A)(1) In tax years beginning after 2017 and ending before 2028, an agribusiness operation or an agricultural packaging operation, as defined in Section 12-6-3360, that increases its purchases of agricultural products which have been certified as South Carolina grown by the South Carolina Department of Agriculture by a minimum of fifteen percent in a single calendar year over its base year is eligible to claim an income tax credit or a credit against employee withholding in an amount determined by the Coordinating Council for Economic Development (council). However, a taxpayer may not be awarded a credit pursuant to this section in excess of one hundred thousand dollars in any tax year.
(2) The maximum amount of tax credits allowed to all qualifying taxpayers pursuant to this section may not exceed the following for each calendar year:
2018 - $500,000
2019 - $1,000,000
2020 - $1,500,000
After 2020 - $2,000,000
(B)(1) If the income tax credit exceeds the taxpayer's income tax liability for the taxable year, the excess amount may be carried forward and claimed against income taxes in the next five succeeding taxable years.
(2) If the credit against withholding taxes exceeds the taxpayer's withholding tax liability for the taxable quarter that is not otherwise refunded pursuant to this title, the excess amount may be carried forward and claimed against withholding liability that is not otherwise refunded under this title in the next twenty succeeding taxable quarters.
(C) The council has sole discretion in allocating the credits provided by this section and must consider the following factors:
(1) the amount of base year purchases of certified agricultural products;
(2) the total and percentage increase in purchases; and
(3) factors related to the economic benefit of the State or other factors.
(D) For every year in which a taxpayer claims the credit, the taxpayer shall submit an application to the council after the calendar year in which the increase in purchases of certified products occurs. Allocations of the credit may be made on a monthly, quarterly, or annual basis. The taxpayer shall attach a schedule to the taxpayer's application to the council with the following information and information requested by the council or the department:
(1) a description of how the base year purchases of certified agricultural products and the increase in purchases was determined;
(2) the amount of the base year purchases of certified agricultural products;
(3) the amount of the increase in purchases of certified agricultural products for the taxable year stated both as a percentage increase and as a total increase in purchases of certified agricultural products, including information which demonstrates an increase in purchases of certified agricultural products in excess of the minimum amount required to claim the tax credits pursuant to this section;
(4) any tax credit utilized by the taxpayer in prior years; and
(5) the amount of tax credit carried over from prior years.
(E) By March first of each year, the council shall submit a report to the General Assembly detailing the recipients of the credits allowed by this section, including the credit amount of each recipient.
(F) The Department of Commerce, upon consultation with the Department of Agriculture, may establish guidelines necessary to ensure all applications, product certification record sheets, and checklists are accurately and effectively created and comply with the provisions of this section.
(G) For purposes of this section, 'base year' initially means the total dollar purchases of agricultural products certified as South Carolina grown during the period from January first through December thirty-first of the same year. However, the base year total dollar purchases must exceed one hundred thousand dollars for a taxpayer to be eligible for the credits provided in this section. For a taxpayer who does not meet the one hundred thousand dollar purchases requirement in the year ending December thirty-first of the previous year, including a taxpayer who locates in South Carolina after December thirty-first of the previous year, its base certified grown purchases must be measured by the initial January first through December thirty-first calendar year in which it meets the purchasing requirement. The base year must be recalculated each calendar year after the initial base year."
B. Section 12-10-80 of the 1976 Code is amended by adding two subsections at the end to read:
"(K) For purposes of this section, the job and per capita income thresholds contained in the definition of 'qualifying service-related facility' as set forth in Section 12-6-3360(M)(13)(b) must be modified to read as set forth in the item below:
(1) a business, other than a business engaged in legal, accounting, banking, or investment services (including a business identified under NAICS Section 55) or retail sales, which has a net increase of at least:
(a) one hundred twenty-five jobs at a single location;
(b) one hundred jobs at a single location comprised of a building or portion of a building that has been vacant for at least twelve consecutive months before the taxpayer's investment;
(c) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the lower of state per capita income or per capita income in the county where the jobs are located;
(d) fifty jobs at a single location and the jobs have an average cash compensation level of more than twice the lower of state per capita income or per capita income in the county where the jobs are located; or
(e) twenty-five jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the lower of state per capita income or per capita income in the county where the jobs are located.
(L) For purposes of this section and notwithstanding the provisions of Section 12-10-50(A)(1), subject to the discretion of the council, the definition of 'qualifying service-related facility' as defined in Section 12-6-3360(M)(13), as modified by Section 12-10-80(K)(1), shall also include the following:
(1) a business engaged in legal, accounting, banking, or investment services operating at a single facility if the single facility would otherwise qualify as a qualifying service-related facility as defined in Section 12-6-3360(M)(13)(b), as modified by subsections (J) and (K) above, if not for the exclusions contained in Section 12-6-3360(M)(13)(b);
(2) a business generally engaged in retail sales at a single facility if that single facility would otherwise qualify as a qualifying service-related facility as defined in Section 12-6-3360(M)(13)(b), as modified by subsections (J) and (K) above, if not for the exclusions
contained in Section 12-6-3360(M)(13)(b) and provided that no retail sales are conducted at that single facility; and
(3) In making a determination with regard to Section 12-10-80(L)(1) or Section 12-10-80(L)(2), the council may consider the following:
(a) the percentage of such business's annual gross receipts from services or other income producing activity derived from customers or clients located outside of South Carolina for the twelve months preceding the month in which such business applies to the council to claim a job development credit and such percentage may not be less than seventy-five percent;
(b) the nature of the new jobs to be created at the project;
(c) the wages of the new jobs to be created at the project;
(d) the capital investment of the project; and
(e) the potential for expansion or growth of the business or industry."
C. This SECTION takes effect upon approval by the Governor and applies for tax years beginning after 2017.
SECTION 7. A. Section 12-6-2295(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) receipts from the provision of direct broadcast satellite service that are attributable to this State in pro rata proportion of the costs of performing the service, including the costs of acquiring programming distribution rights and constructing and maintaining distribution infrastructure, that the service provider incurs within this State. As used in this subsection, the term 'direct broadcast satellite service' means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite."
B. This act takes effect upon approval by the Governor and applies to all open tax periods excluding assessments under judicial review as of the date of the Governor's approval.
SECTION 8. A. Section 12-60-30 of the 1976 Code is amended by adding appropriately numbered items to read:
"( ) 'Local governing body' means, for property tax purposes, the governing body of a county, municipality, or other political subdivision
that is entitled to receive any portion of the tax revenue generated from a property tax assessment.
( ) 'Affected county' means, for property tax purposes, a county that administers property tax collections for its own jurisdiction or for another local governing body and is in a property tax dispute with a taxpayer.
( ) 'Chief executive officer' means, for property tax purposes, the official identified in Section 8-13-1110(B)(5).
( ) 'Chief administrative official' means, for property tax purposes, the official identified in Section 8-13-1110(B)(6)."
B. Section 12-60-30(10) of the 1976 Code is amended to read:
"(10) 'Department determination' means the final determination within the department from which a person taxpayer or a local governing body, as applicable, may request a contested case hearing before the Administrative Law Court."
C. Section 12-60-450(E) of the 1976 Code is amended to read:
"(E)(1) The department will shall make a department determination using the information provided by the taxpayer in accordance with Section 12-60-30(15)(c)(iii).
(2) A department determination adverse to the taxpayer must be in writing and must:
(a) be sent by first class mail or delivered to the taxpayer and any affected county;
(b) explain the basis for the department's determination;
(c) inform the taxpayer and any affected county of his the right to request a contested case hearing; and
(d) if a proposed assessment was protested, explain that the taxes will be assessed in thirty days and payment demanded unless the taxpayer or any local governing body requests a contested case hearing.
(3) The department must issue the department determination on a proposed assessment not later than nine months one year after the date the written protest or claim was filed with the department by the taxpayer unless the department requests and is granted an extension of time not to exceed six months from the Administrative Law Court. Upon failure of the department to timely issue the department determination, the taxpayer may department shall notify the taxpayer and any affected county of the right to request a contested case hearing before the Administrative Law Court for a determination of the tax controversy. A
request for a contested case hearing before the Administrative Law Court must be made in accordance with its rules and must be made within thirty days after the date the department's notice was sent by first class mail or delivered to the taxpayer or any affected county.
(4) In order to comply with the provisions of this section requiring the department to notify affected counties, the department shall notify the chief executive officer, auditor, assessor, and treasurer of each affected county. The county auditor, upon notification, shall notify any local governing bodies by notifying the chief administrative official of each local governing body."
D. Section 12-60-2120(A) and (B) of the 1976 Code is amended to read:
"(A)(1) A property taxpayer may appeal a property tax assessment proposed by a division of the department by filing a written protest with the department.
(2) The department shall notify any affected counties of the written protest.
(B)(1) A property taxpayer may protest any denial of a tax exemption by the department for property he believes is exempt from property tax by filing a written protest with the department.
(2) If a written protest is filed by a taxpayer, other than an individual, then the department must notify any affected counties of the written protest."
E. Section 12-60-2140(C) of the 1976 Code is amended to read:
"(C) After a final determination, if the property tax assessment is less than the adjusted property tax assessment, a corrected property tax assessment must be made and entered, provided that a refund is not due for any tax year before the three tax years immediately preceding the final determination unless the Administrative Law Court approves the refund. The overpayment of tax must be refunded together with interest determined in accordance with Section 12-54-25 on the overpayment."
F. Section 12-60-2150(B), (D), and (F) of the 1976 Code is amended to read:
"(B) The department shall notify the counties affected by the claim for refund by notifying the chief executive officer, auditor, assessor, and treasurer of each affected county. A county auditor, upon notification,
shall notify any affected municipalities or other political subdivisions the chief administrative official of any local governing bodies affected by the claim for refund.
(D) The appropriate division of the department shall determine what refund is due, if any, and give the taxpayer written notice of its determination as soon as practicable after a claim has been filed, but not later than six months after the date the claim for refund was filed with the department. If the department fails to timely issue a written notice of its determination, that failure is considered a written denial of the claim for refund.
(F) The department shall consider the claim written protest, determine the correct property tax assessment, and issue any necessary orders a department determination in accordance with the provisions of Section 12-60-450(E). All appeals before the department must be conducted as provided in Section 12-60-450(C) through (E)."
SECTION 9. Except where specified otherwise, this act takes effect upon approval by the Governor. /
Amend title to read:
/ TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT AS CONTAINED IN CHAPTER 67, TITLE 12 OF THE 1976 CODE UNTIL DECEMBER 31, 2025; TO AMEND SECTION 12-67-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR REVITALIZING AN ABANDONED BUILDING, SO AS TO SPECIFY THE MANNER IN WHICH CERTAIN BUILDINGS MAY BE SUBDIVIDED; TO AMEND SECTION 12-65-20, RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO MODIFY CERTAIN DEFINITIONS; TO AMEND SECTION 12-6-50, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE SPECIFICALLY NOT ADOPTED BY THIS STATE, SO AS TO REMOVE THE ALTERNATIVE TAX ON QUALIFYING SHIPPING ACTIVITIES; TO AMEND SECTION 12-6-1110, RELATING TO MODIFICATIONS OF INCOME, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTIONS 12-67-140 AND 12-6-3535, RELATING TO THE TAX CREDIT FOR REHABILITATING AN ABANDONED BUILDING OR A CERTIFIED HISTORIC STRUCTURE, RESPECTIVELY, SO AS TO
SPECIFY THE MANNER IN WHICH UNUSED CREDIT MAY BE CARRIED FORWARD AND ALLOCATED; BY ADDING SECTION 12-6-3378 SO AS TO ALLOW A TAX CREDIT TO AN AGRIBUSINESS OPERATION OR AN AGRICULTURAL PACKAGING OPERATION THAT INCREASES ITS PURCHASES OF AGRICULTURAL PRODUCTS WHICH HAVE BEEN CERTIFIED AS SOUTH CAROLINA GROWN, AND TO SPECIFY THE MANNER IN WHICH THE CREDIT IS ADMINISTERED; TO AMEND SECTION 12-10-80, RELATING TO THE JOBS DEVELOPMENT CREDIT, SO AS TO MAKE CERTAIN QUALIFYING SERVICE-RELATED FACILITIES ELIGIBLE FOR THE CREDIT; TO AMEND SECTION 12-6-2295, RELATING TO ITEMS INCLUDED AND EXCLUDED FROM TERMS "SALES" AND "GROSS RECEIPTS", SO AS TO PROVIDE THAT RECEIPTS FROM THE PROVISION OF DIRECT BROADCAST SATELLITE SERVICE ARE ATTRIBUTABLE TO THIS STATE IN PRO RATA PROPORTION OF THE COSTS OF PERFORMING THE SERVICE; TO AMEND SECTION 12-60-30, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES DEFINITIONS, SO AS TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-60-450, RELATING TO APPEALS OF PROPOSED ASSESSMENTS, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY AFFECTED COUNTIES IN CERTAIN INSTANCES; TO AMEND SECTION 12-60-2120, RELATING TO PROPERTY TAX APPEALS BY WRITTEN PROTEST, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOTIFY ANY AFFECTED COUNTIES OF A WRITTEN PROTEST; TO AMEND SECTION 12-60-2140, RELATING TO CERTAIN PAYMENTS AND REFUNDS, SO AS TO PROVIDE THAT NO REFUND IS DUE FOR ANY TAX YEAR BEFORE THE THREE TAX YEARS IMMEDIATELY PRECEDING THE FINAL DETERMINATION; AND TO AMEND SECTION 12-60-2150, RELATING TO FILING A CLAIM FOR A REFUND, SO AS TO PROVIDE FOR CERTAIN NOTIFICATIONS AND TO PROVIDE THAT A FAILURE TO TIMELY ISSUE A WRITTEN NOTICE IS CONSIDERED A DENIAL. /
/s/Sen. Glenn G. Reese /s/Rep. J. Gary Simrill /s/Sen. Lawrence K. Grooms /s/Rep. James Todd Rutherford /s/Sen. Scott Talley /s/Rep. J. Derham Cole, Jr. On Part of the Senate. On Part of the House.
Printed Page 4992 . . . . . Thursday, June 28, 2018
Rep. COLE explained the Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 99; Nays 1 Those who voted in the affirmative are:
Alexander Anderson Anthony Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Forrest Forrester Fry Funderburk Gagnon Govan Hamilton Hardee Hayes Henderson Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan Kirby Knight Loftis Long Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton Ott Parks Pendarvis Pitts Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Williams Wooten Young
Total--99
Printed Page 4993 . . . . . Thursday, June 28, 2018
Those who voted in the negative are:
Hill
Total--1 The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
S. 1043--ORDERED ENROLLED FOR RATIFICATION The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
S. 107--FREE CONFERENCE POWERS GRANTED Rep. G. M. SMITH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 107 (Word version) -- Senators Campsen, Hutto, Massey, Hembree and Fanning: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO UPDATE A REFERENCE TO THE DEPARTMENT ON AGING; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DESIGNATE THE DEPARTMENT ON AGING AS A DEPARTMENT WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO UPDATE TWO REFERENCES TO THE DEPARTMENT ON AGING; TO AMEND SECTION 29-4-60, RELATING TO INDEPENDENT INFORMATION AND COUNSELING SERVICES REGARDING REVERSE MORTGAGES, SO AS TO UPDATE A REFERENCE TO THE DEPARTMENT ON AGING; TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130, AND 43-21-190, ALL RELATING TO THE DIVISION AND ADVISORY COUNCIL ON AGING, SO AS TO UPDATE REFERENCES TO THE DEPARTMENT ON AGING; AND TO AMEND SECTIONS 44-36-20, 44-36-50, 44-36-310,
Printed Page 4994 . . . . . Thursday, June 28, 2018
44-36-320, AND 44-36-330, ALL RELATING TO THE ALZHEIMER'S DISEASE REGISTRY OR THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER, SO AS TO UPDATE REFERENCES TO THE DEPARTMENT ON AGING.
The yeas and nays were taken resulting as follows:
Yeas 101; Nays 0 Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan Kirby Knight Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Pendarvis Pitts Putnam Ridgeway S. Rivers Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer
Printed Page 4995 . . . . . Thursday, June 28, 2018
Thigpen Trantham Weeks White Whitmire Williams Wooten Young
Total--101 Those who voted in the negative are:
Total--0 So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. G. M. SMITH, SIMRILL and RUTHERFORD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
STATEMENT BY REP. HOWARD Rep.. HOWARD made a statement relative to Rep. MCEACHERN'S service in the House.
STATEMENT BY REP. MCEACHERN Rep. MCEACHERN made a statement relative to his service in the House.
MESSAGE FROM THE SENATE The following was received:
Columbia, S.C., Thursday, June 28, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 107:S. 107 (Word version) -- Senators Campsen, Hutto, Massey, Hembree and Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125, SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION, IF THE LIEUTENANT GOVERNOR RESIGNS OR IS REMOVED FROM OFFICE, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR FOR THE
Printed Page 4996 . . . . . Thursday, June 28, 2018
UNEXPIRED TERM; BY ADDING SECTION 7-11-12, SO AS TO ESTABLISH THE PROCEDURE BY WHICH A PERSON NOMINATED AS GOVERNOR SELECTS A LIEUTENANT GOVERNOR AS A JOINT TICKET RUNNING MATE; BY ADDING SECTION 7-13-315, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO ENSURE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR ARE ELECTED JOINTLY; BY ADDING SECTION 8-13-1301, SO AS TO PROVIDE THAT JOINTLY ELECTED CANDIDATES MUST BE CONSIDERED A SINGLE CANDIDATE FOR CONTRIBUTIONS AND ESTABLISHING A COMMITTEE; TO AMEND SECTION 8-13-1314, RELATING TO CONTRIBUTION LIMITATIONS, SO AS TO PROVIDE THAT WITHIN AN ELECTION CYCLE, CONTRIBUTIONS FOR STATEWIDE CANDIDATES ARE INCREASED FROM THREE TO FIVE THOUSAND DOLLARS, CONTRIBUTIONS FOR JOINTLY ELECTED CANDIDATES ARE FIVE THOUSAND DOLLARS, AND CONTRIBUTIONS FOR CANDIDATES FOR OTHER OFFICES ARE INCREASED FROM ONE TO TWO THOUSAND DOLLARS AND THAT FUTURE LIMITATIONS ON CONTRIBUTIONS MUST BE INCREASED BY THE STATE ETHICS COMMISSION DEPENDENT UPON THE CONSUMER PRICE INDEX; TO AMEND SECTION 7-11-15(A), RELATING TO FILING AS A CANDIDATE FOR THE GENERAL ELECTION, SO AS TO PROVIDE IF MARCH 30, THE DEADLINE FOR FILING, IS ON A SATURDAY OR SUNDAY, THE TIME FOR FILING EXTENDS TO THE NEXT BUSINESS DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; TO AMEND SECTION 7-13-45, RELATING TO ESTABLISHING HOURS FOR ACCEPTING CANDIDATE FILINGS, SO AS TO DELETE SPECIFIC REFERENCES TO THE NUMBER OF HOURS AND PROVIDE THAT FILINGS BE ACCEPTED DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS; TO AMEND SECTIONS 1-3-120, 1-3-130, 1-6-30(9), 1-9-30, 1-11-10(D), 1-11-425, 1-18-70, 1-23-280(B) AND (E), 1-23-290(D), 2-1-230(C), 2-1-250(B), 2-2-30(B)(1), 2-2-40(B), 2-3-20, 2-3-75(B)(3), 2-3-105(A)(4), 2-15-60(b), 2-17-90(A)(1), 2-17-90(A)(6)(c), 2-17-100(3), 2-19-10(B)(2), 2-41-70, 2-67-20(E)(1)(a), 2-69-20, 2-69-40, 2-75-10, 3-11-400(C)(3)(b)(iii), 5-1-26(B)(4), 5-1-26(F), 6-4-35(A)(2), 6-29-1330(D)(3), 6-29-1330(G), 8-13-540(3)(d), 8-13-715, 8-13-1373, 9-4-10(B)(1)(b), 9-4-40, 9-16-90, 9-16-380, 10-1-168(I), 11-9-890B.(2), 11-11-350, 11-43-140, 11-45-40(B)(1), 11-50-50, 11-57 340, 12-3-
Printed Page 4997 . . . . . Thursday, June 28, 2018
10(A)(1), 13-1-25(B), 23-1-230(G), 24-22-150, 37-29-110, 38-3-110(5)(c), 38-75-490(D), 40-47-10(A)(4), 44-128-50(B)(2), 46-3-260(A), 48-52-440(D)(2), 48-59-40(A)(4), 51-13-720, 51-13-2120(3), 51-18-115, 54-6-10(B)(3), 59-6-10, 59-40-230(A), 59-46-40(A)(4), 59-150-40(A), 59-150-40(C), 59-150-40(D), 59-150-320, 59-150-325(A), 60-11-150(B), 60-17-10, 63-1-50(A), 63-1-50(B), 63-11-1720(B), 63-11-1720(C), 63-11-1930(A)(11), AND 63-11-2110(B)(4), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE PRESIDENT OF THE SENATE PRO TEMPORE, SO AS TO REVISE STATUTORY REFERENCES FROM THE PRESIDENT OF THE SENATE PRO TEMPORE TO THE PRESIDENT OF THE SENATE AND TO MAKE ADDITIONAL CLARIFYING CHANGES; TO AMEND SECTIONS 1-3-620, 1-11-720(A)(9), 1-23-125(B), 1-23-125(D), 2-3-30, 2-3-90, 7-11-30(A), 7-17-10, 9-1-10(11)(g), 9-1-10(14), 10-1-40, 14-27-20(10), 14-27-30, 14-27-40(2), 14-27-80, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130(A)(1), 43-21-190(2), 44-36-310, 44-36-320(7), 44-36-330, 44-560-840(A), 54-7-100, AND 59-6-15(A)(3), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR, SO AS TO REVISE STATUTORY REFERENCES TO CONFORM TO CONSTITUTIONAL AND STATUTORY CHANGES CONCERNING SELECTION AS PART OF A JOINT TICKET AND TO MAKE THE GOVERNOR RESPONSIBLE FOR THE EXISTING DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR SO THE GOVERNOR MAY DETERMINE HOW THOSE DUTIES AND RESPONSIBILITIES MAY BE ACCOMPLISHED; TO AMEND SECTION 1 1 1210, RELATING TO SALARIES OF CERTAIN STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE FOR THE AGENCY HEAD SALARY COMMISSION TO STUDY AND RECOMMEND SALARY RANGES AND DETERMINE SALARIES FOR THESE OFFICERS, AND TO REQUIRE RECUSAL OF COMMISSION MEMBERS IN CERTAIN CIRCUMSTANCES; AND TO REQUIRE, ON OR BEFORE JANUARY 1, 2019, THE CODE COMMISSIONER TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL APPROPRIATE AND CONFORMING CHANGES TO THE 1976 CODE OF LAWS REFLECTING THE PROVISIONS OF THIS ACT.
Printed Page 4998 . . . . . Thursday, June 28, 2018
Very respectfully,
President
Received as information.
S. 107--FREE CONFERENCE REPORT ADOPTED FREE CONFERENCE REPORT
S. 107 (Word version)
The General Assembly, Columbia, S.C., June 28, 2018The Committee of Free Conference, to whom was referred:
S. 107 (Word version) -- Senators Campsen, Hutto, Massey, Hembree and Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125, SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION, IF THE LIEUTENANT GOVERNOR RESIGNS OR IS REMOVED FROM OFFICE, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR FOR THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12, SO AS TO ESTABLISH THE PROCEDURE BY WHICH A PERSON NOMINATED AS GOVERNOR SELECTS A LIEUTENANT GOVERNOR AS A JOINT TICKET RUNNING MATE; BY ADDING SECTION 7-13-315, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO ENSURE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR ARE ELECTED JOINTLY; BY ADDING SECTION 8-13-1301, SO AS TO PROVIDE THAT JOINTLY ELECTED CANDIDATES MUST BE CONSIDERED A SINGLE CANDIDATE FOR CONTRIBUTIONS AND ESTABLISHING A COMMITTEE; TO AMEND SECTION 8-13-1314, RELATING TO CONTRIBUTION LIMITATIONS, SO AS TO PROVIDE THAT WITHIN AN ELECTION CYCLE, CONTRIBUTIONS FOR STATEWIDE CANDIDATES ARE INCREASED FROM THREE TO FIVE THOUSAND DOLLARS, CONTRIBUTIONS FOR JOINTLY ELECTED CANDIDATES ARE FIVE THOUSAND DOLLARS, AND CONTRIBUTIONS FOR CANDIDATES FOR OTHER OFFICES ARE INCREASED FROM ONE TO TWO THOUSAND DOLLARS AND THAT FUTURE LIMITATIONS ON CONTRIBUTIONS MUST BE INCREASED BY THE STATE ETHICS COMMISSION DEPENDENT UPON THE CONSUMER PRICE INDEX; TO AMEND SECTION 7-11-15(A),
RELATING TO FILING AS A CANDIDATE FOR THE GENERAL ELECTION, SO AS TO PROVIDE IF MARCH 30, THE DEADLINE FOR FILING, IS ON A SATURDAY OR SUNDAY, THE TIME FOR FILING EXTENDS TO THE NEXT BUSINESS DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; TO AMEND SECTION 7-13-45, RELATING TO ESTABLISHING HOURS FOR ACCEPTING CANDIDATE FILINGS, SO AS TO DELETE SPECIFIC REFERENCES TO THE NUMBER OF HOURS AND PROVIDE THAT FILINGS BE ACCEPTED DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS; TO AMEND SECTIONS 1-3-120, 1-3-130, 1-6-30(9), 1-9-30, 1-11-10(D), 1-11-425, 1-18-70, 1-23-280(B) AND (E), 1-23-290(D), 2-1-230(C), 2-1-250(B), 2-2-30(B)(1), 2-2-40(B), 2-3-20, 2-3-75(B)(3), 2-3-105(A)(4), 2-15-60(b), 2-17-90(A)(1), 2-17-90(A)(6)(c), 2-17-100(3), 2-19-10(B)(2), 2-41-70, 2-67-20(E)(1)(a), 2-69-20, 2-69-40, 2-75-10, 3-11-400(C)(3)(b)(iii), 5-1-26(B)(4), 5-1-26(F), 6-4-35(A)(2), 6-29-1330(D)(3), 6-29-1330(G), 8-13-540(3)(d), 8-13-715, 8-13-1373, 9-4-10(B)(1)(b), 9-4-40, 9-16-90, 9-16-380, 10-1-168(I), 11-9-890B.(2), 11-11-350, 11-43-140, 11-45-40(B)(1), 11-50-50, 11-57-340, 12-3-10(A)(1), 13-1-25(B), 23-1-230(G), 24-22-150, 37-29-110, 38-3-110(5)(c), 38-75-490(D), 40-47-10(A)(4), 44-128-50(B)(2), 46-3-260(A), 48-52-440(D)(2), 48-59-40(A)(4), 51-13-720, 51-13-2120(3), 51-18-115, 54-6-10(B)(3), 59-6-10, 59-40-230(A), 59-46-40(A)(4), 59-150-40(A), 59-150-40(C), 59-150-40(D), 59-150-320, 59-150-325(A), 60-11-150(B), 60-17-10, 63-1-50(A), 63-1-50(B), 63-11-1720(B), 63-11-1720(C), 63-11-1930(A)(11), AND 63-11-2110(B)(4), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE PRESIDENT OF THE SENATE PRO TEMPORE, SO AS TO REVISE STATUTORY REFERENCES FROM THE PRESIDENT OF THE SENATE PRO TEMPORE TO THE PRESIDENT OF THE SENATE AND TO MAKE ADDITIONAL CLARIFYING CHANGES; TO AMEND SECTIONS 1-3-620, 1-11-720(A)(9), 1-23-125(B), 1-23-125(D), 2-3-30, 2-3-90, 7-11-30(A), 7-17-10, 9-1-10(11)(g), 9-1-10(14), 10-1-40, 14-27-20(10), 14-27-30, 14-27-40(2), 14-27-80, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130(A)(1), 43-21-190(2), 44-36-310, 44-36-320(7), 44-36-330, 44-56-840(A), 54-7-100, AND 59-6-15(A)(3), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR, SO AS TO REVISE STATUTORY REFERENCES TO CONFORM TO CONSTITUTIONAL AND STATUTORY CHANGES CONCERNING SELECTION AS PART OF A JOINT TICKET AND
TO MAKE THE GOVERNOR RESPONSIBLE FOR THE EXISTING DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR SO THE GOVERNOR MAY DETERMINE HOW THOSE DUTIES AND RESPONSIBILITIES MAY BE ACCOMPLISHED; TO AMEND SECTION 1-1-1210, RELATING TO SALARIES OF CERTAIN STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE FOR THE AGENCY HEAD SALARY COMMISSION TO STUDY AND RECOMMEND SALARY RANGES AND DETERMINE SALARIES FOR THESE OFFICERS, AND TO REQUIRE RECUSAL OF COMMISSION MEMBERS IN CERTAIN CIRCUMSTANCES; AND TO REQUIRE, ON OR BEFORE JANUARY 1, 2019, THE CODE COMMISSIONER TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL APPROPRIATE AND CONFORMING CHANGES TO THE 1976 CODE OF LAWS REFLECTING THE PROVISIONS OF THIS ACT.
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 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, Office of the Lieutenant Governor Department on Aging;"
SECTION 2. Section 1-30-10(A) of the 1976 Code is amended to read:
"(A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Administration
2. Department of Agriculture
3. Department of Alcohol and Other Drug Abuse Services
4. Department of Commerce
5. Department of Corrections
6. Department of Disabilities and Special Needs
7. Department of Education
8. Department of Health and Environmental Control
9. Department of Health and Human Services
10. Department of Insurance
11. Department of Juvenile Justice
12. Department of Labor, Licensing and Regulation
13. Department of Mental Health
14. Department of Motor Vehicles
15. Department of Natural Resources
16. Department of Parks, Recreation and Tourism
17. Department of Probation, Parole and Pardon Services
18. Department of Public Safety
19. Department of Revenue
20. Department of Social Services
21. Department of Transportation
22. Department of Employment and Workforce
23. Department on Aging."
SECTION 3. Section 9-1-10(11)(g) of the 1976 Code is 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, Office of the Lieutenant Governor Department on Aging."
SECTION 4. Section 9-1-10(14) of the 1976 Code is 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, Office of the Lieutenant Governor Department on Aging."
SECTION 5. Section 29-4-60(D) of the 1976 Code is amended to read:
"(D) The Office of the Governor, Division on Aging Department on Aging shall provide independent consumer information on reverse mortgages and their alternatives."
SECTION 6. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created in the Office of the Lieutenant Governor, the Division on Aging Department on Aging. The division department 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 department shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council. 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 department. Rules and procedures must be adopted by the council for the governance of its operations and activities."
SECTION 7. Section 43-21-20 of the 1976 Code is amended to read:
"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 8. Section 43-21-45 of the 1976 Code is amended to read:
"Section 43-21-45. The Office of the Lieutenant Governor, Division on Aging, Department 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 9. Section 43-21-60 of the 1976 Code is amended to read:
"Section 43-21-60. The division Department on Aging 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 department during the year."
SECTION 10. Section 43-21-70 of the 1976 Code is amended to read:
"Section 43-21-70. The Lieutenant Governor may employ shall appoint with the advice and consent of the Senate a director to be the administrative officer of the division Department on Aging who shall serve at his the Governor's pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."
SECTION 11. Section 43-21-100 of the 1976 Code is amended to read:
"Section 43-21-100. The division Department on Aging shall prepare the budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."
SECTION 12. Section 43-21-130(A)(1) of the 1976 Code is amended to read:
"(1) the Lieutenant Governor or his designee;"
SECTION 13. Section 43-21-190(2) of the 1976 Code is amended to read:
"(2) make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;"
SECTION 14. Section 44-36-20(21) of the 1976 Code is amended to read:
"(21) Alzheimer's Disease and Related Disorders Resource Coordination Center, Office of the Governor, Division on Aging of the Department on Aging;"
SECTION 15. Section 44-36-50 of the 1976 Code is amended to read:
"Section 44-36-50. The registry shall submit an annual report to the Office of the Governor, Division on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center of the Department on Aging, the Department of Health and Environmental Control, and the Office of Research and Statistics of the Revenue and Fiscal Affairs Office."
SECTION 16. Section 44-36-310 of the 1976 Code is amended to read:
"Section 44-36-310. There In the Department on Aging, there is created in the Office of the Lieutenant Governor, Division on Aging, the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals
with Alzheimer's disease and related disorders, their families, and caregivers."
SECTION 17. Section 44-36-320(7) of the 1976 Code is amended to read:
"(7) submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Lieutenant Governor's website."
SECTION 18. Section 44-36-330 of the 1976 Code is amended to read:
"Section 44-36-330. (A) The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Lieutenant Governor including, but not limited to, representatives of:
(1) Alzheimer's Association Chapters;
(2) American Association of Retired Persons;
(3) Clemson University;
(4) Department of Disabilities and Special Needs;
(5) Department of Health and Environmental Control;
(6) Department of Mental Health;
(7) Department of Social Services;
(8) Department of Health and Human Services;
(9) Medical University of South Carolina;
(10) National Association of Social Workers, South Carolina Chapter;
(11) South Carolina Adult Day Care Association;
(12) South Carolina Association of Area Agencies on Aging;
(13) South Carolina Association of Council on Aging Directors;
(14) South Carolina Association of Nonprofit Homes for the Aging;
(15) South Carolina Association of Residential Care Homes;
(16) South Carolina Health Care Association;
(17) South Carolina Home Care Association;
(18) South Carolina Hospital Association;
(19) South Carolina Medical Association;
(20) South Carolina Nurses' Association;
(21) Statewide Alzheimer's Disease and Related Disorders Registry;
(22) University of South Carolina;
(23) South Carolina State University.
(B) Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation."
SECTION 19. On or before January 1, 2019, the Joint Legislative Committee on Aging shall prepare and deliver a report to the President of the Senate and the Speaker of the House of Representatives recommending any additional changes to the Department on Aging created by this act to enhance efficient and cost effective delivery of services to the aging community in accordance with the federal Older Americans Act.
SECTION 20. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 21. PART I takes effect on January 1, 2019. All other PARTS take effect upon approval by the Governor. /
Amend title to conform.
/s/Sen. Gerald Malloy /s/Rep. G. Murrell Smith, Jr.
/s/Sen. George E. "Chip" Campsen /s/Rep. J. Gary Simrill
/s/Sen. A. Shane Massey /s/Rep. J. Todd Rutherford On Part of the Senate. On Part of the House.Rep. G. M. SMITH explained the Free Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 84; Nays 0 Those who voted in the affirmative are:
Alexander Allison Atkinson Bales Ballentine Bannister Bennett Blackwell Bowers Bradley Brawley Burns Caskey Chumley Clary Clemmons Clyburn Cole Collins Crawford Crosby Daning Davis Delleney Douglas Duckworth Elliott Erickson Felder Forrester Fry Funderburk Gilliard Govan Henderson-Myers Hewitt Hill Hiott Hixon Howard Huggins Jefferson Johnson Jordan Kirby Knight Loftis Long Lucas Mace Mack Magnuson Martin McCravy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Pendarvis Pitts Ridgeway M. Rivers S. Rivers Sandifer G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks White Whitmire Williams Wooten Young
Total--84
Printed Page 5008 . . . . . Thursday, June 28, 2018
Those who voted in the negative are:
Total--0 The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
S. 107--ORDERED ENROLLED FOR RATIFICATION The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. DELLENEY moved that the House do now adjourn, which was agreed to.
RATIFICATION OF ACTS
FOR JUNE 29, 2018Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 29, 2018, at 2:49 p.m. and the following Acts were ratified:
(R. 290, S. 107 (Word version)) -- Senators Campsen, Hutto, Massey, Hembree and Fanning: AN ACT TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO UPDATE A REFERENCE TO THE DEPARTMENT ON AGING; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DESIGNATE THE DEPARTMENT ON AGING AS A DEPARTMENT WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO UPDATE TWO REFERENCES TO THE DEPARTMENT ON AGING; TO AMEND SECTION 29-4-60, RELATING TO INDEPENDENT INFORMATION AND COUNSELING SERVICES REGARDING REVERSE MORTGAGES, SO AS TO UPDATE A REFERENCE TO THE DEPARTMENT ON AGING; TO AMEND SECTIONS 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130, AND 43-21-190, ALL RELATING TO THE
DIVISION AND ADVISORY COUNCIL ON AGING, SO AS TO UPDATE REFERENCES TO THE DEPARTMENT ON AGING; AND TO AMEND SECTIONS 44-36-20, 44-36-50, 44-36-310, 44-36-320, AND 44-36-330, ALL RELATING TO THE ALZHEIMER'S DISEASE REGISTRY OR THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER, SO AS TO UPDATE REFERENCES TO THE DEPARTMENT ON AGING.
(R. 291, S. 1043 (Word version)) -- Senators Turner and Talley: AN ACT TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT AS CONTAINED IN CHAPTER 67, TITLE 12 OF THE 1976 CODE UNTIL DECEMBER 31, 2025; TO AMEND SECTION 12-67-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR REVITALIZING AN ABANDONED BUILDING, SO AS TO SPECIFY THE MANNER IN WHICH CERTAIN BUILDINGS MAY BE SUBDIVIDED; TO AMEND SECTION 12-65-20, RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO MODIFY CERTAIN DEFINITIONS; TO AMEND SECTION 12-6-50, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE SPECIFICALLY NOT ADOPTED BY THIS STATE, SO AS TO REMOVE THE ALTERNATIVE TAX ON QUALIFYING SHIPPING ACTIVITIES; TO AMEND SECTION 12-6-1110, RELATING TO MODIFICATIONS OF INCOME, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTIONS 12-67-140 AND 12-6-3535, RELATING TO THE TAX CREDIT FOR REHABILITATING AN ABANDONED BUILDING OR A CERTIFIED HISTORIC STRUCTURE, RESPECTIVELY, SO AS TO SPECIFY THE MANNER IN WHICH UNUSED CREDIT MAY BE CARRIED FORWARD AND ALLOCATED; BY ADDING SECTION 12-6-3378 SO AS TO ALLOW A TAX CREDIT TO AN AGRIBUSINESS OPERATION OR AN AGRICULTURAL PACKAGING OPERATION THAT INCREASES ITS PURCHASES OF AGRICULTURAL PRODUCTS WHICH HAVE BEEN CERTIFIED AS SOUTH CAROLINA GROWN, AND TO SPECIFY THE MANNER IN WHICH THE CREDIT IS ADMINISTERED; TO AMEND SECTION 12-10-80, RELATING TO THE JOBS DEVELOPMENT CREDIT, SO AS TO MAKE CERTAIN QUALIFYING SERVICE-RELATED FACILITIES ELIGIBLE FOR
THE CREDIT; TO AMEND SECTION 12-6-2295, RELATING TO ITEMS INCLUDED AND EXCLUDED FROM THE TERMS "SALES" AND "GROSS RECEIPTS", SO AS TO PROVIDE THAT RECEIPTS FROM THE PROVISION OF DIRECT BROADCAST SATELLITE SERVICE ARE ATTRIBUTABLE TO THIS STATE IN PRO RATA PROPORTION OF THE COSTS OF PERFORMING THE SERVICE; TO AMEND SECTION 12-60-30, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES DEFINITIONS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-60-450, RELATING TO APPEALS OF PROPOSED ASSESSMENTS, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY AFFECTED COUNTIES IN CERTAIN INSTANCES; TO AMEND SECTION 12-60-2120, RELATING TO PROPERTY TAX APPEALS BY WRITTEN PROTEST, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOTIFY ANY AFFECTED COUNTIES OF A WRITTEN PROTEST; TO AMEND SECTION 12-60-2140, RELATING TO CERTAIN PAYMENTS AND REFUNDS, SO AS TO PROVIDE THAT NO REFUND IS DUE FOR ANY TAX YEAR BEFORE THE THREE TAX YEARS IMMEDIATELY PRECEDING THE FINAL DETERMINATION; AND TO AMEND SECTION 12-60-2150, RELATING TO FILING A CLAIM FOR A REFUND, SO AS TO PROVIDE FOR CERTAIN NOTIFICATIONS AND TO PROVIDE THAT A FAILURE TO TIMELY ISSUE A WRITTEN NOTICE IS CONSIDERED A DENIAL.
(R. 292, H. 3789 (Word version)) -- Reps. Govan, Yow, Henegan, J.E. Smith, Thigpen, Hart, Clemmons, Whipper and Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM EXPUNGEMENT ACT"; BY ADDING ARTICLE 10 TO CHAPTER 22, TITLE 17 SO AS TO PROVIDE THAT PERSONS ELIGIBLE FOR EXPUNGEMENT OF A CRIMINAL RECORD PURSUANT TO CERTAIN DESIGNATED PROVISIONS WHO SUCCESSFULLY GRADUATE AND COMPLETE THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM ADMINISTERED BY THE SOUTH CAROLINA ARMY NATIONAL GUARD MAY APPLY TO HAVE THEIR RECORD EXPUNGED UPON SUCCESSFUL GRADUATION AND COMPLETION OF THE
PROGRAMS UNDER CERTAIN DELINEATED CIRCUMSTANCES; TO AMEND SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS, SO AS TO ADD PERSONS WHO COMPLETE THE YOUTH CHALLENGE ACADEMY AND JOBS CHALLENGE PROGRAM TO THE LIST OF THOSE THAT ARE ABLE TO APPLY FOR EXPUNGEMENT; AND TO AMEND SECTION 17-22-940, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO INCLUDE A REFERENCE TO THE DIRECTOR OF THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY ATTESTING TO THE ELIGIBILITY OF THE CHARGE FOR EXPUNGEMENT ON AN EXPUNGEMENT APPLICATION.
(R. 293, H. 4950 (Word version)) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2018, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
(R. 294, H. 5231 (Word version)) -- Reps. Pitts, West and White: AN ACT TO AMEND SECTION 50-9-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF REVENUES GENERATED FROM THE SALE OF PRIVILEGES TO HUNT AND FISH BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE DISTRIBUTION OF REVENUE GENERATED FROM THE SALE OF RECREATIONAL AND COMMERCIAL MARINE LICENSES, PERMITS, AND TAGS.
At 4:27 p.m. the House in accordance with the motion of Rep. DELLENEY, and in accordance with H. 5383, the Sine Die Resolution, adjourned.
This web page was last updated on Thursday, December 13, 2018 at 2:31 P.M.