NO. 62
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2008
________
Indicates Matter Stricken
Indicates New Matter
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 Ezekiel 34:30: "They shall know that I, the Lord their God, am with them."
Let us pray. Lord God, as You shepherd us through all our days, come now to this place of power and laws. Let us obey You as we strive to be good lawmakers, and good citizens in the positions to which we have been elected. Enhance these Representatives with courage and integrity in all their dealings. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. 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.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HOSEY moved that when the House adjourns, it adjourn in memory of William G. Jenkins of Barnwell, which was agreed to.
The following was introduced:
H. 5098 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SAGEN BLACKWELL, OF SPARTANBURG COUNTY, FOR HER SERVICE TO TRAUMATICALLY-INJURED SOLDIERS THROUGH THE NATIONAL WOUNDED WARRIOR PROJECT, AND TO
CONGRATULATE HER FOR ORGANIZING THE SUCCESSFUL CAROLINAS CHALLENGE BIKE RIDE IN SPARTANBURG.
The Resolution was adopted.
The following was introduced:
H. 5099 (Word version) -- Reps. Hodges and Weeks: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF THE REVEREND DR. LEWIS P. GRAHAM, SR., OF RICHLAND COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5100 (Word version) -- Reps. Govan, Ott, Cobb-Hunter and Sellers: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF NEW MOUNT ZION BAPTIST CHURCH, OF ORANGEBURG COUNTY, UPON THE OCCASION OF THE DEDICATION OF THEIR NEW SANCTUARY, AND TO CELEBRATE WITH THEM AS THEY COMMIT THIS NEW HOUSE OF WORSHIP TO GOD.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5101 (Word version) -- Reps. Allen, Brantley, Mitchell, F. N. Smith, Anthony, Hodges and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS; AND TO AMEND SECTION 24-3-210, RELATING TO FURLOUGHS FOR QUALIFIED INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.
Referred to Committee on Judiciary
S. 241 (Word version) -- Senators Lourie, Knotts, Reese, Leventis, Jackson, Thomas, Pinckney, McGill, Hutto, Sheheen, Williams, Matthews, Patterson, Cromer, Scott, Setzler and Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 16, TITLE 9 OF THE 1976 CODE, BY ADDING SECTION 9-16-55, TO REQUIRE THE RETIREMENT SYSTEM INVESTMENT COMMISSION, ACTING CONSISTENTLY WITH ITS FIDUCIARY RESPONSIBILITY, TO DIVEST ITS PORTFOLIO OF INVESTMENTS IN CERTAIN COMPANIES THAT IN THEIR OPERATIONS ARE COMPLICIT WITH THE GOVERNMENT OF SUDAN IN THE DARFUR GENOCIDE AND TO PROHIBIT FUTURE INVESTMENTS BY THE COMMISSION IN SUCH COMPANIES.
Referred to Committee on Ways and Means
S. 401 (Word version) -- Senators Setzler and Leatherman: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
Referred to Committee on Judiciary
S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.
Referred to Committee on Judiciary
S. 773 (Word version) -- Senators Hawkins and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 77 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN OFFICIALS ASSOCIATED WITH THE STORM EYE INSTITUTE FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM.
Referred to Committee on Education and Public Works
S. 808 (Word version) -- Senators Hawkins, Hayes, Thomas, Ceips, Knotts, Leventis, Ritchie, Fair and Bryant: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ENACT THE MILITARY PARENT EQUAL PROTECTION ACT, TO PROVIDE THAT A MILITARY PARENT'S MILITARY SERVICE SHALL NOT BE CONSIDERED A CHANGE IN CIRCUMSTANCE FOR PURPOSES OF CHILD CUSTODY AND VISITATION, TO PROVIDE THAT THE CUSTODIAL NON-MILITARY PARENT MUST REASONABLY ACCOMMODATE THE MILITARY PARENT'S LEAVE SCHEDULE, TO PROVIDE THAT THE FAMILY COURT MAY HOLD AN EXPEDITED TEMPORARY HEARING TO ENSURE THAT THE MILITARY PARENT HAS ACCESS TO A MINOR CHILD, AND TO PROVIDE THAT ANY INCREASE OR DECREASE IN EARNING CAPACITY DUE TO MILITARY SERVICE IS NOT CONSIDERED A PERMANENT CHANGE.
Referred to Committee on Judiciary
S. 980 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 20-7-121, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, PURPOSE, AND ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT NOTHING PROHIBITS A COUNTY FROM PROVIDING GUARDIAN AD LITEM SERVICES IF THE COUNTY'S PROGRAM IS CERTIFIED BY THE NATIONAL COURT APPOINTED SPECIAL ADVOCATE ASSOCIATION AND TO PROVIDE THAT THIS SUBARTICLE APPLIES TO SUCH PROGRAMS; TO AMEND SECTIONS 20-7-126 AND 20-7-127, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO CONFIDENTIALITY OF RECORDS AND IMMUNITY FROM LIABILITY, SO AS TO FURTHER SPECIFY THAT THESE PROVISIONS APPLY TO COUNTY GUARDIAN AD LITEM PROGRAMS; AND TO AMEND SECTION 20-7-129, AS AMENDED, RELATING TO FUNDING PROVIDED BY THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT SUCH FUNDING IS NOT REQUIRED TO BE PROVIDED BY THE GENERAL ASSEMBLY FOR A COUNTY GUARDIAN AD LITEM PROGRAM.
Referred to Committee on Judiciary
S. 997 (Word version) -- Senators Lourie, Leventis, Sheheen, Cleary, Cromer, Setzler, Campbell, Ceips, Massey, Drummond, Matthews and Thomas: A BILL TO AMEND SECTIONS 56-1-175 AND 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND SPECIAL RESTRICTED DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT AFTER DECEMBER 31, 2008, A PERSON WHO IS ISSUED ONE OF THESE FORMS OF DRIVER'S LICENSES MUST HAVE SUCCESSFULLY COMPLETED A TEEN DEFENSIVE DRIVING COURSE THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.
Referred to Committee on Education and Public Works
S. 1006 (Word version) -- Senators Ritchie, McConnell, Setzler, Leventis, Knotts, Lourie, Hutto, Martin, Hayes, Ceips, Reese, Elliott, Hawkins, Fair and Bryant: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-235 TO PROVIDE THAT A SPOUSE OR DEPENDENT OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER KILLED IN THE LINE OF DUTY MAY CONTINUE TO RECEIVE HEALTH AND DENTAL BENEFITS.
Referred to Committee on Ways and Means
S. 1010 (Word version) -- Senators Lourie, Williams, Leventis, Hutto, Malloy, Ford, Land, Jackson, Reese, Patterson, Matthews, Sheheen and Knotts: A BILL TO ENACT THE "HEALTH CARE ACCESSIBILITY FOR YOUNG AMERICANS ACT", INCLUDING PROVISIONS, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE HEALTH INSURANCE COVERAGE UNDER A PARENT'S POLICY FOR CERTAIN MILITARY PERSONNEL ON TERMINATION OF ACTIVE DUTY STATUS, AMONG OTHER THINGS; BY ADDING SECTION 38-71-300 SO AS TO DEFINE THE TERMS "DEPENDENT" AND "ELIGIBLE DEPENDENT" FOR HEALTH INSURANCE POLICIES ISSUED IN THIS STATE; TO AMEND SECTION 38-71-350, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR HANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-360, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR NONHANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-780, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE TO HANDICAPPED AND DEPENDENT CHILDREN UNDER A PARENT'S GROUP POLICY, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS CONCERNING SMALL EMPLOYER HEALTH INSURANCE, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Labor, Commerce and Industry
S. 1048 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SIMRILL objected.
Referred to Committee on Judiciary
S. 1076 (Word version) -- Senators McConnell, Alexander, Peeler, Rankin, Hutto, Martin, Land, Leventis, Hayes, Setzler, Ceips, Ford, Williams, Malloy and Knotts: A BILL TO AMEND CHAPTER 4, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE OFFICE OF REGULATORY STAFF, BY ADDING SECTION 58-4-140 SO AS TO CREATE A NON-PROFIT ENTITY NAMED OPERATION EMPOWERED IN ORDER TO PROVIDE FINANCIAL ASSISTANCE TO LOW-INCOME HOUSEHOLDS TO IMPLEMENT ENERGY EFFICIENCY AND CONSERVATION MEASURES.
Referred to Committee on Ways and Means
S. 1090 (Word version) -- Senators Thomas, Ford, Anderson, Jackson and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "THE SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN OFFICER, LIMITED LOAN OFFICER, OR SOMEONE ACTING AS A MORTGAGE LENDER; PROVIDE DEFINITIONS; ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; DESCRIBE PROHIBITED ACTIVITIES; PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES; PROVIDE FOR ENFORCEMENT OTHERWISE THROUGH THE DEPARTMENT OF CONSUMER AFFAIRS AND THROUGH CRIMINAL PENALTIES; BY AMENDING SECTIONS 37-1-301, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; BY AMENDING SECTIONS 37-23-40, 37-23-45, AND 37-23-75, ALL RELATING TO PROTECTIONS FOR THE BORROWER IN A HIGH-COST OR CONSUMER HOME LOAN TRANSACTION, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE; AND BY AMENDING CHAPTER 58 OF TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING REQUIREMENTS, TO REDEFINE "MORTGAGE BROKER", "EXEMPT ORGANIZATION", "RESIDENTIAL REAL PROPERTY", INTER ALIA, AND TO ADD NEW DEFINITIONS, INCLUDING "BRANCH OFFICE", "PATTERN OF RESIDENTIAL MORTGAGE FRAUD", "TABLEFUNDING", AND OTHERS; REQUIRE CERTAIN PROFESSIONAL COURSES, AN ADDITIONAL YEAR OF EXPERIENCE, AND A FINGERPRINT CHECK FOR MORTGAGE BROKERS AND MORTGAGE ORIGINATORS; TO REQUIRE CERTAIN RECORDS BE KEPT AND MADE ACCESSIBLE; ADD CERTAIN PROHIBITIONS IN CONNECTION WITH A REAL ESTATE APPRAISAL; REQUIRE AND PRESCRIBE MORTGAGE BROKER AGREEMENTS; AUTHORIZE ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PRESCRIBE ADMINISTRATIVE PENALTIES INCLUDING FINES AND INJUNCTIONS AND CRIMINAL PENALTIES; REQUIRE CERTAIN REPORTS AND FILINGS; AND PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry
S. 1140 (Word version) -- Senators McConnell, Peeler, Rankin, Martin, Leventis, Alexander, Hayes, Hutto, Setzler, Ceips, Knotts and Malloy: A BILL TO AMEND CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY, BY ADDING ARTICLE 12 SO AS TO ESTABLISH ENERGY EFFICIENCY AND RENEWABLE ENERGY GOALS FOR STATE GOVERNMENT, TO DIRECT STATE AGENCIES TO PROCURE ENERGY EFFICIENT PRODUCTS, AND TO DIRECT EVERY STATE AGENCY HEAD TO REQUIRE THE REPLACEMENT OF ALL INCANDESCENT LIGHT BULBS WITH COMPACT FLUORESCENT LIGHT BULBS IN EACH STATE AGENCY BY JULY 1, 2011.
Referred to Committee on Ways and Means
S. 1141 (Word version) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; AND TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA.
Referred to Committee on Labor, Commerce and Industry
S. 1143 (Word version) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE THE GROSS PROCEEDS OF SALES OR THE SALES PRICE OF ENERGY EFFICIENT APPLIANCES.
Referred to Committee on Ways and Means
S. 1158 (Word version) -- Senators Hayes, Sheheen, Gregory, Short and Peeler: A BILL TO AMEND SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE CATAWBA RIVER AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1172 (Word version) -- Senators Knotts, Ford, Fair, Elliott, Thomas, Short, O'Dell, Reese and Anderson: A BILL TO AMEND SECTION 17-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILLING OF VACANCIES IN THE OFFICE OF THE CORONER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE VACANCIES SHALL BE FILLED AND FOR THE PERSON WHO SHALL ACT IN THE CORONER'S PLACE IF A VACANCY OR SUSPENSION IN THE OFFICE EXISTS.
Referred to Committee on Judiciary
S. 1210 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 49-29-230(4) OF THE 1976 CODE, RELATING TO SCENIC RIVERS, TO EXPAND THE PORTION OF LYNCHES RIVER THAT IS DESIGNATED AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1224 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 133, TITLE 59 OF THE 1976 CODE, RELATING TO FRANCIS MARION UNIVERSITY, BY ADDING ARTICLE 3 TO PROVIDE FOR FRANCIS MARION UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
Referred to Committee on Ways and Means
S. 1260 (Word version) -- Senators Lourie, Elliott, Short, Reese, Drummond, Thomas and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-145 SO AS TO ENACT THE "PROVISIONS FOR COST OF ANIMAL CARE ACT OF 2008" TO PROVIDE THAT THE CUSTODIAN OF AN ANIMAL TAKEN INTO CUSTODY DUE TO CIVIL OR CRIMINAL VIOLATIONS BY ITS OWNER MAY PETITION THE COURT FOR EXPENSES RELATED TO PROVIDING CARE TO THE ANIMAL; TO ESTABLISH PROCEDURES FOR HEARING SUCH PETITIONS AND FOR THE COLLECTION AND USE OF FUNDS ORDERED TO BE PAID; TO PROVIDE THAT A PERSON WHO FAILS TO PAY SUCH FUNDS FORFEITS RIGHTS OF OWNERSHIP TO THE ANIMAL AND TO PROVIDE FOR THE DISPOSITION OF SUCH AN ANIMAL; AND TO PROVIDE FOR THE RETURN OF FUNDS WHEN A PERSON IS NOT FOUND TO BE IN VIOLATION.
Referred to Committee on Judiciary
The following was introduced:
H. 5102 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR THE LIFE OF PINCUS KOLENDER, A HOLOCAUST SURVIVOR WHO DEDICATED HIS LIFE TO EDUCATING PEOPLE ABOUT THE HOLOCAUST AND CHARGING THEM WITH THE RESPONSIBILITY OF PREVENTING SIMILAR TRAGEDIES IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5103 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND ROBERT L. SIMPSON, JR., OF GREENVILLE COUNTY, UPON THE OCCASION OF HIS INSTALLATION AS PASTOR AT VICTORY TEMPLE BAPTIST CHURCH, AND TO COMMEND THE MEMBERS OF THE CONGREGATION AS THEY MINISTER TO THEIR COMMUNITY TOGETHER.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 30.
Paul Agnew H. B. "Chip" Limehouse Fletcher Smith Joseph Neal David Weeks Lewis E. Pinson Chip Huggins Bill Cotty Carl Anderson G. Murrell Smith Todd Rutherford Ralph Davenport Thad Viers Harold Mitchell Bakari Sellers Creighton Coleman Douglas Jennings James Battle
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Thomas C. Rowland of Georgetown was the Doctor of the Day for the General Assembly.
Rep. CHALK presented to the House the Hilton Head Preparatory School "Lady Dolphins" Girls Basketball Team, the 2007-2008 South Carolina Independent School Association Class AAA Champions, their coaches and other school officials.
Rep. HERBKERSMAN presented to the House the Bluffton High School "Lady Bobcats" Varsity Girls Volleyball Team, the 2007 Class AAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4377 (Word version)
Date: ADD:
04/30/08 VIERS
Bill Number: H. 3274 (Word version)
Date: ADD:
04/30/08 MCLEOD
Bill Number: H. 4356 (Word version)
Date: ADD:
04/30/08 MCLEOD
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J. R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D. C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN.
H. 4892 (Word version) -- Reps. Haley, Loftis, Cato, Walker, Merrill, Huggins, Hutson, Harrell, E. H. Pitts, Hodges, Spires, Bowen, Ballentine, Funderburk, Knight, Cobb-Hunter, Jefferson, Ott, Owens, Sandifer, J. R. Smith, Chalk, Hardwick, Brady, Whipper, R. Brown and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO CREATE THE "ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT"; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO THE PURCHASE AND INSTALLATION OF CERTAIN SOLAR ENERGY HEATING OR COOLING SYSTEMS, SO AS TO PROVIDE A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
H. 4750 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, REQUIRE THAT DISCIPLINARY ACTION OCCUR SUBJECT TO THE ADMINISTRATIVE PROCEDURES ACT, AND REQUIRE A PERSON WHO HAS UNDERTAKEN UNLAWFUL CONDUCT TO REPAY COSTS OF ENFORCEMENT OF THE CHAPTER; BY ADDING SECTION 37-11-125 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE AN ACTION IN CIVIL COURT TO ENFORCE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM DISCIPLINARY PROCEDURES, SO AS TO PROVIDE THAT EXEMPT COMMUNITIES MUST OBTAIN A LETTER OF NONAPPLICABILITY; BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT FUNDS COLLECTED BY THE DEPARTMENT MUST BE USED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 37-11-140, RELATING TO THE EFFECTIVE DATE OF THE CHAPTER, SO AS TO DELETE OBSOLETE PROVISIONS.
H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E. H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING, AMONG OTHER THINGS.
H. 4908 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-28-2920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF TOLL ROADS, SO AS TO PROVIDE THAT FUNDS DERIVED FROM TOLLS MUST BE USED FOR CERTAIN PURPOSES BY THE DEPARTMENT OF TRANSPORTATION IN ITS SOLE DISCRETION, TO PROVIDE THAT THESE PURPOSES INCLUDE THE COST OF ACQUISITION, IMPROVEMENT, AND REFINANCING OF A TOLL PROJECT, AND TO PROVIDE THAT UPON REPAYMENT OF CERTAIN COSTS WHICH INCLUDE THE REFINANCING AND SATISFACTION OF THE OBLIGATIONS OF THE DEPARTMENT OF TRANSPORTATION UNDER CERTAIN AUTHORIZED AGREEMENTS; AND TO AMEND SECTION 57-3-200, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO ENTER INTO AGREEMENTS TO FINANCE, CONSTRUCT, AND MAINTAIN HIGHWAYS, ROADS, STREETS, AND BRIDGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ENTER INTO AGREEMENTS TO FINANCE AND REFINANCE THESE PROJECTS, TO DELETE THE PROVISION THAT RESTRICTS THE DEPARTMENT'S AND THE STATE'S POLITICAL SUBDIVISIONS' POWER TO ACQUIRE, CONSTRUCT, EQUIP, MAINTAIN, OR OPERATE CERTAIN PROJECTS, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH INITIAL TOLLS, BUT MAY DELEGATE ITS AUTHORITY TO REVISE TOLLS BASED UPON CERTAIN CRITERIA, TO PROVIDE THAT THE DEPARTMENT MAY ALTER, EXTEND, AMEND, MODIFY, TRANSFER OR ASSIGN ITS AGREEMENTS, TO PROVIDE THAT THE DEPARTMENT MUST USE A COMPETITIVE SELECTION PROCESS WHEN IT SOLICITS AND SELECTS A PRIVATE ENTITY TO ENTER INTO A PARTNERSHIP AGREEMENT, AND TO PROVIDE THAT THE DEPARTMENT IS EXEMPT FROM THE PROVISIONS CONTAINED IN THE STATE PROCUREMENT CODE.
I abstained from the voting during the voice vote on H. 4908, due to a potential conflict.
Rep. Eric Bedingfield
H. 4847 (Word version) -- Reps. Cotty, Brady and J. E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.
H. 5001 (Word version) -- Reps. Owens, Hiott, F. N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M. A. Pitts, Skelton, E. H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D. C. Smith, J. R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J. M. Neal, Rice, Scarborough, Shoopman, G. R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.
Rep. COOPER moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 1, which was agreed to:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
The following Bill was taken up:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10571HTC08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. A. Title 12 of the 1976 Code is amended by adding:
"CHAPTER 64
South Carolina Textiles Communities Revitalization Act
Section 12-64-10. This chapter is known and may be cited as the 'South Carolina Textiles Communities Revitalization Act'.
(A) The primary purpose of this chapter is to create an incentive for the rehabilitation, renovation, and redevelopment of abandoned textile mill sites located in South Carolina.
(B) The abandonment of textile mills has resulted in the disruption of communities and increased the cost to local governments by requiring additional police and fire services due to excessive vacancies. Many abandoned textile mills pose safety concerns. A public and corporate purpose is served by restoring these textile mill sites to a productive asset for the communities and result in increased job opportunities.
(C) There exists in many communities of this State abandoned textile mills. The stable economic and physical development of these textile mill sites is endangered by the presence of these abandoned textile mills as manifested by the progressive and advanced deterioration of these structures. As a result of the existence of these abandoned mills, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime in the areas, together with an abnormal exodus of families and businesses, so that the decline of these areas impairs the value of private investments, threatens the sound growth and the tax base of taxing districts in these areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned textile mill sites.
Section 12-64-30. For the purposes of this chapter, unless the context requires otherwise:
(1) 'Abandoned' means that at least eighty percent of the textile mill has been closed continuously to business or otherwise nonoperational for a period of at least one year immediately preceding the date on which the taxpayer files a 'Notice of Intent to Rehabilitate'. For purposes of this item, an eligible site that otherwise qualifies as abandoned may be subdivided into separate parcels, which parcels may be owned by the same taxpayer or different taxpayers, and each parcel must be deemed to be an eligible site for purposes of determining whether the parcel is considered to be abandoned.
(2) 'Ancillary uses' means uses related to the textile manufacturing, dying, or finishing operations on a textile mill site consisting of sales, distribution, storage, water runoff, wastewater treatment and detention, pollution control, personnel offices, security offices, employee parking, dining and recreation areas, and internal roadways or driveways directly associated with such uses.
(3) 'Textile mill' means a facility or facilities that were last used for textile manufacturing, dying, or finishing operations and for ancillary uses to those operations.
(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; except that with respect to a site acquired by a taxpayer after December 31, 2007, 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.
(5) 'Local taxing entities' means a county, municipality, school district, special purpose district, and other entity or district with the power to levy ad valorem property taxes against the textile mill site.
(6) 'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the textile mill site.
(7) 'Placed in service' means the date upon which the textile mill site is completed and ready for its intended use. If the textile mill site is completed and ready for use in phases, each phase is considered to be placed in service when it is completed and ready for its intended use.
(8) 'Rehabilitation expenses' means the expenses incurred in the rehabilitation, renovation, or redevelopment of the textile mill site; except that, with respect to a site acquired by a taxpayer after December 31, 2007, 'rehabilitation expenses' means the expenses incurred in renovating or demolishing an abandoned textile mill, renovating or demolishing buildings on the textile mill site, and renovating applicable land including expenditures incurred for environmental or site cleanup, grading, and infrastructure on the land, but excluding the cost of acquiring the textile mill site or the cost of personal property located at the textile mill site. Renovation must meet the requirements of Internal Revenue Code Section 47(c)(1)(A)(iii) to be qualified. If a taxpayer chooses not to renovate the textile mill or a building on the site, but instead chooses to demolish the textile mill or another building on the textile mill site, expenses incurred for demolishing the mill or the building and costs incurred for environmental or site cleanup, grading the land, and the costs of infrastructure for the site qualify as rehabilitation expenses. Some construction costs associated with a textile mill site may be allowed as rehabilitation expenses. New construction costs are allowed only to the extent the costs are for construction located within the original dimensions of the abandoned textile mill itself and the construction is equal to or less than the square footage of the textile mill as of the time of abandonment. 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.
(9) 'Notice of Intent to Rehabilitate' means, with respect to a textile mill site acquired by a taxpayer after December 31, 2007, a letter submitted by the taxpayer to the department or the municipality or county as specified in this chapter, indicating the taxpayer's intent to rehabilitate the textile mill site, the location of the textile mill site, the amount of acreage involved in the textile mill site, and the estimated expenses to be incurred in connection with rehabilitation of the textile mill site. The notice also must set forth information as to which buildings the taxpayer intends to renovate, which buildings the taxpayer intends to demolish, and whether new construction is to be involved.
Section 12-64-40. (A) Subject to the terms and conditions of this chapter, a taxpayer who rehabilitates a textile mill site is eligible for either:
(1) a credit against real property taxes levied by local taxing entities; or
(2) a credit against income taxes imposed pursuant to Chapter 6 and Chapter 11, Title 12, or corporate license fees pursuant to Chapter 20, Title 12, or both.
(B) If the taxpayer elects to receive the credit pursuant to subsection (A)(1), the following provisions apply:
(1) The taxpayer shall file a Notice of Intent to Rehabilitate with the municipality, or the county if the textile mill site is located in an unincorporated area, in which the textile mill site is located before incurring its first rehabilitation expenses at the textile mill site. Failure to provide the Notice of Intent to Rehabilitate results in qualification of only those rehabilitation expenses incurred after notice is provided.
(2) Once the Notice of Intent to Rehabilitate has been provided to the county or municipality, the municipality or the county shall first by resolution determine the eligibility of the textile mill site and the proposed rehabilitation expenses for the credit. A proposed rehabilitation of a textile mill site must be approved by a positive majority vote of the local governing body. For purposes of this subsection, 'positive majority vote' is as defined in Section 6-1-300(5). If the county or municipality determines that the textile mill site and the proposed rehabilitation expenses are eligible for the credit, there must be a public hearing and the municipality or county shall approve the textile mill site for the credit by ordinance. Before approving a textile mill site for the credit, the municipality or county shall make a finding that the credit does not violate a covenant, representation, or warranty in any of its tax increment financing transactions or an outstanding general obligation bond issued by the county or municipality.
(3)(a) The amount of the credit is equal to twenty-five percent of the actual rehabilitation expenses made at the textile mill site times the local taxing entity ratio of each local taxing entity that has consented to the credit pursuant to item (4), if the actual rehabilitation expenses incurred in rehabilitating the textile mill site are between eighty percent and one hundred twenty-five percent of the estimated rehabilitation expenses set forth in the Notice of Intent to Rehabilitate. If the actual rehabilitation expenses exceed one hundred twenty-five percent of the estimated expenses set forth in the Notice of Intent to Rehabilitate, the taxpayer qualifies for the credit based on one hundred twenty-five percent of the estimated expenses as opposed to the actual expenses it incurred in rehabilitating the textile mill site. If the actual rehabilitation expenses are below eighty percent of the estimated rehabilitation expenses, the credit is not allowed. The ordinance must provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the textile mill site each year for up to eight years.
(b) The local taxing entity ratio is set as of the time the Notice of Intent to Rehabilitate is filed and remains set for the entire period that the credit may be claimed by the taxpayer.
(4) Not fewer than forty-five days before holding the public hearing required by subsection (B)(2), the governing body of the municipality or county shall give notice to all affected local taxing entities in which the textile mill site is located of its intention to grant a credit against real property taxes for the textile mill site and the amount of estimated credit proposed to be granted based on the estimated rehabilitation expenses. If a local taxing entity does not file an objection to the tax credit with the municipality or county on or before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit.
(5) The credit against real property taxes may be claimed for the property tax year the rehabilitated textile mill site is first placed in service.
(C) If the taxpayer has acquired the textile mill site after December 31, 2007, and elects to receive the credit pursuant to subsection (A)(2), the following provisions apply:
(1) The taxpayer must file with the department a notice of Intent to Rehabilitate before incurring its first rehabilitation expenses at the textile mill site. Failure to provide the Notice of Intent to Rehabilitate results in qualification of only those rehabilitation expenses incurred after the notice is provided.
(2) The amount of the credit is equal to twenty-five percent of the actual rehabilitation expenses made at the textile mill site if the actual rehabilitation expenses incurred in rehabilitating the textile mill site are between eighty percent and one hundred twenty-five percent of the estimated rehabilitation expenses set forth in the Notice of Intent to Rehabilitate. If the actual rehabilitation expenses exceed one hundred twenty-five percent of the estimated expenses set forth in the Notice of Intent to Rehabilitate, the taxpayer qualifies for the credit based on one hundred twenty-five percent of the estimated expenses as opposed to the actual expenses it incurred in rehabilitating the textile mill site. If the actual rehabilitation expenses are below eighty percent of the estimated rehabilitation expenses, the credit is not allowed.
(3) The entire credit may not be taken for the taxable year in which the textile mill site is placed in service but must be taken in equal installments over a five-year period beginning with the tax year in which the rehabilitated textile mill site is placed in service. Unused credit may be carried forward for the succeeding five years.
(4) If the taxpayer qualifies for both the credit allowed by this subsection and the credit allowed pursuant to Section 12-6-3535, the taxpayer may claim both credits.
(5) The credit allowed by this subsection is limited in use to fifty percent of either:
(a) the taxpayer's income tax liability for the taxable year if taxpayer claims the credit allowed by this section as a credit against income tax imposed pursuant to Chapter 6; or
(b) the taxpayer's corporate license fees for the taxable year if the taxpayer claims the credit allowed by this section as a credit against license fees imposed pursuant to Chapter 20.
(6)(a) If the taxpayer leases the textile mill site, or part of the textile mill site, the taxpayer may transfer any applicable remaining credit associated with the rehabilitation expenses incurred with respect to that part of the site to the lessee of the site. If a taxpayer sells the textile mill site, or part of the textile mill site, the taxpayer may transfer all, or part of the remaining credit, associated with the rehabilitation expenses incurred with respect to that part of the site to the purchaser of the applicable portion of the textile mill site.
(b) To the extent that the taxpayer transfers the credit, the taxpayer must notify the department of the transfer in the manner the department prescribes.
(7) To the extent that the taxpayer is a partnership or a limited liability company taxed as a partnership, the credit may be passed through to the partners or members and may be allocated among any of its partners or members including, without limitation, an allocation of the entire credit to one partner or member.
Section 12-64-50. The provisions of Chapter 31 of this title also apply to this chapter; except that, the requirements of Section 6-31-40 do not apply."
B. Chapter 32, Title 6 of the 1976 Code is repealed.
C. With respect to a site acquired by a taxpayer after December 31, 2007, the area of the site is limited to the land located within the boundaries where the textile manufacturing facility structure is located and does not include land located outside the boundaries of the structure. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
Rep. M. A. PITTS explained the Bill.
Rep. M. A. PITTS moved to adjourn debate upon the Bill, which was adopted:
Rep. DUNCAN moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
H. 4862 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 50-11-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST BAITING WILD TURKEYS, SO AS TO FURTHER PROVIDE FOR WHAT PRACTICES DO NOT CONSTITUTE BAITING.
The following Bill was taken up:
H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A CONDITIONAL TITLE; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20661SD08), which was adopted:
Amend the bill, as and if amended, by striking Section 50-23-290 of the 1976 Code, as contained in SECTION 23, and inserting:
/Section 50-23-290. (A) If an applicant for a watercraft title or outboard motor title is not able to produce a perfected chain of title from the last owner of record or from the manufacturer, the department may issue to the applicant a conditional title which reflects on the face of it that it is conditional and that it does not warrant ownership against the true owner. The conditional title may not be issued unless the department:
(1) determines that the watercraft or outboard motor has not been reported as stolen in this State as required by this chapter or in another state;
(2) determines that no active liens exist on the watercraft or outboard motor or that the existence of liens is unlikely; and
(3) determines that the last titled owner cannot be found or the probability of finding the owner is remote; or
(4) determines that the necessary paperwork to perfect the title has been lost, stolen, or destroyed and reasonably cannot be found or duplicated.
(B) The applicant shall cause to be published in a newspaper of general circulation in the county where the last titled owner of the watercraft or outboard motor is known to have lived a notice in the following form:
A. TO: (Name of last titled owner) and all persons claiming an interest in (description including make, model, year, horsepower, and hull identification or serial number if available). Please take notice that (Name of applicant) shall apply to the South Carolina Department of Natural Resources for a title to that certain (watercraft or outboard motor) described as follows: (Description including make, model, horsepower, year, and hull identification or serial number if available) no later than ten (10) days from the last publication of this notice. This is the (first, second, or third) of three notices to be published weekly for three weeks. If you wish to claim an interest in this (watercraft/outboard motor) you are advised to contact the South Carolina Department of Natural Resources immediately.
B. If there is no record of a previous titled owner or he cannot be determined the notice may be addressed to all persons claiming an interest in the watercraft or outboard motor and published in the county of the applicant's residence for the prescribed period.
C. Upon receipt of proof of publication (Certification from newspaper with copy of advertisement and dates) and having received no claims from interested parties upon determination of the department that the above conditions exist, the department may issue a conditional title to the watercraft or outboard motor upon receipt of payment of appropriate taxes, fees, and application.
D. The conditional nature of the title must be reflected clearly on the face of the title and upon any subsequent titles issued on the watercraft or outboard motor for seven years.
E. A person claiming an interest in the watercraft or outboard motor may bring an action within seven years to set the conditional title aside and for the return of the watercraft or outboard motor. Seven years after issuance of the conditional title it is incontestable and a new nonconditional title may be issued upon application and payment of the appropriate fee.
Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title using the form prescribed by the department. The application must be supported by an affidavit setting forth the circumstances under which the watercraft or outboard motor was acquired. The applicant must attempt to notify the last known titled or registered owner and any lienholder of record by certified mail of the application. The applicant must provide the department with proof of mailing.
The applicant must publish an advertisement in a newspaper of general circulation in the county of residence of the last known owner of record for three successive issues. If there is no prior owner of record the advertisement must be published in the county where acquired. The advertisement must be as prescribed by the department in the application. Proof of advertising must be submitted to the department.
Thirty days after the date of the last advertisement if no claim of interest or ownership is made and the item has not been reported stolen, the department shall issue a clear title. If the item is reported stolen, the department shall dispose of the item according to law.
If there is a claim of interest adverse to the applicant, the department shall not issue a title until the issue is resolved. The parties may apply to a court of competent jurisdiction for resolution." /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The Amendment was adopted.
Rep. BOWEN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20680SD08), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) The General Assembly finds and declares that the South Carolina Water Plan, Second Edition, January 2004, shall be used as a foundation and be enhanced for the development of a water program for South Carolina. The General Assembly also finds that:
(1) a comprehensive statewide water management act for this State is needed. This act shall result in the development of a water management program for South Carolina and must be developed by the Land, Water and Conservation Division of the Department of Natural Resources;
(2) such a program must support a structured, yet flexible, approach to state and regional water planning and provide guidance and incentives for regional and local water planning efforts; and
(3) state and regional water planning efforts of the Department of Natural Resources must be coordinated with and not supplant the existing efforts of other state agencies.
(B) Section 49-3-10 through Section 49-3-50 are designated as Article 1, Chapter 3, Title 49 of the 1976 Code.
(C) Chapter 3 of Title 49 of the 1976 Code is amended by adding:
Section 49-3-300. This article shall be known and may be cited as the 'Comprehensive Statewide Water Management Act of 2008'.
Section 49-3-310. As used in this article, the term:
(1) 'Director' means the director of the South Carolina Department of Natural Resources.
(2) 'Division' means the Land, Water and Conservation Division of the Department of Natural Resources.
Section 49-3-320. The division shall develop and propose a Comprehensive Statewide Water Management Program consistent with this article in order to manage water resources of this State in a sustainable manner to protect public health and natural systems, support the state's economy and enhance the quality of life for all citizens of the State of South Carolina.
Section 49-3-330. The following principles shall guide the work of the division in developing the comprehensive statewide water management program:
(1) effective water resources management protects public health and the safety and welfare of South Carolina's citizens;
(2) water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems;
(3) all citizens have a stewardship responsibility to conserve and protect the water resources of South Carolina;
(4) water resources management efforts shall have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent;
(5) water quality and quantity and surface and ground water are interrelated and require integrated management as well as reasonable and efficient use;
(6) a comprehensive and accessible database must be developed to provide sound scientific and economic information upon which effective water resources management decisions may be based;
(7) water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed and river basin management;
(8) sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and other entities managing or utilizing water;
(9) periodic revisions of the comprehensive statewide water management program may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors.
Section 49-3-340. The comprehensive statewide water management program shall:
(1) develop water policies which shall guide river basin and aquifer management plans, regional and river basin water planning efforts, and local water plans;
(2) include a process for creating draft river basin management plans and draft ground-water management plans and how these plans are finalized and revised including how the public may participate in the creation and revision of these plans; and
(3) suggest revisions, where and if necessary, of the current duties and organizational responsibilities of water management and administrative departments within the State to provide greater oversight of all water policies.
Section 49-3-350. The division shall monitor and approve all water withdrawal permitting decisions in accordance with this article and the comprehensive statewide water management program that has been approved or enacted by the General Assembly as provided by this article, and the division shall determine which are not in compliance with this program. Any political subdivision or local water authority that is not in compliance with the program is ineligible for state grants or loans for water projects, except for those projects designed to bring the political subdivision or local water authority into compliance with the program.
Section 49-3-360. (A) The division shall work in cooperation, coordination, and communication with the South Carolina Water Board created by Section 49-3-370 and any other state, local, regional, or federal agency as appropriate to develop a comprehensive statewide water management program.
(B) The division shall solicit extensive stakeholder involvement in the development of the proposed comprehensive statewide water management program. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and associations of local government entities, and regional development centers.
(C) The General Assembly declares its intent that the following development phases of the statewide water management program along with expected completion dates for each phase be accomplished in the manner provided:
(1) Phase 1: Completion date June 30, 2008: The South Carolina General Assembly enacts this comprehensive Statewide Water Management Act for the purpose of developing a comprehensive statewide water management program.
(2) Phase 2: Completion date December 31, 2008:
(a) form the South Carolina Water Board, establish advisory committees and agree on guiding principles for future water management;
(b) appoint water-experienced watershed managers for each South Carolina water basin to manage the basin and coordinate with watershed managers from neighboring states as well as other federal and state agencies;
(c) agree on a process to develop a water program, review all issues, develop assumptions based on available data, develop recommendations, and discuss and resolve potential conflicts;
(d) decide on a state water management and administrative process, if necessary;
(e) determine Phase 3 funding.
(3) Phase 3: In three subphases identified below. Completion date June 30, 2011:
(a) Subphase 3A: Completion date June 30, 2010, develop the initial draft of the comprehensive statewide water management program for public comment;
(b) Subphase 3B: Completion date December 31, 2010, perform statewide reviews with stakeholders, make final revisions, determine Phase 4 funding, profile comprehensive statewide water management program for the 2011 General Assembly session;
(c) Subphase 3C: Completion date June 30, 2011, General Assembly approves the comprehensive statewide water management program by joint resolution.
(4) Phase 4: Completion date after June 30, 2011, execute comprehensive statewide water management program as approved by the South Carolina General Assembly.
(D) The comprehensive statewide water management program as developed pursuant to this article must be approved by joint resolution of the General Assembly by June 30, 2011, and if not approved, its provisions shall not be implemented.
(E) The comprehensive statewide water management program shall embody those provisions necessary to regulate and provide for the interbasin transfer of water now provided for in Chapter 21, Title 49. Upon the approval of the General Assembly by joint resolution of the comprehensive statewide water management program as provided for in subsection (D), Chapter 21 of Title 49 is repealed.
Section 49-3-370. (A) There is established a coordinating committee to be know as the 'South Carolina Water Board'. The water board shall consist of the following members:
(1) one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualifies;
(2) one member appointed by the President Pro Tempore of the Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualifies;
(3) the below identified state officials and members of the General Assembly to serve ex officio, or their designees: the chairman of the board of the Department of Natural Resources, the associate director of the Department of Natural Resources, the chairman of the South Carolina Board of Health and Environmental Control, the deputy director of the South Carolina Department of Health and Environmental Control, the commissioner of Agriculture, the director of the South Carolina Forestry Commission, the chairman of the Senate Agriculture and Natural Resources Committee, and the chairman of the House Committee on Agriculture, Natural Resources and Environmental Affairs;
(4) one member appointed by the Governor who shall act as chairman of the Water Board and who shall serve for a term of four years and until his successor is appointed and qualifies.
Any vacancy among the appointed members of the Water Board who are not members of the General Assembly or ex officio members must be filled in the same manner as the original appointment for the unexpired term.
The Water Board shall direct all organizations and personnel associated with the development of the comprehensive statewide water management program in order to accomplish the objectives stated in this article.
(B) The Water Board in performing its duties shall:
(1) develop and manage the overall project plan for the development of the comprehensive statewide water management program including the development process and schedule of activities;
(2) ensure coordination, cooperation, and communication among state agencies;
(3) establish, guide, and provide support for any advisory committees that may be required to support various aspects of the comprehensive statewide water management program development;
(4) engage, from funds provided by the General Assembly, certain services such as those of the Clemson University Center for Watershed Excellence, for the purposes of providing:
(a) research and technical assistance to the Water Board and any other water plan advisory committees in the areas of water policy and management; and
(b) administrative assistance for the development and publication of the comprehensive statewide water management program during the development phases of the program;
(5) provide input to the division, General Assembly and other agencies as required concerning the comprehensive statewide water management program development;
(6) recommend revisions to the division regarding water management and administration practices within the State;
(7) review, modify if necessary, and approve the final comprehensive statewide water management program draft;
(8) prepare and submit a budget for the operation of the water board and the development of the comprehensive statewide water management program; and
(9) convene no less than monthly through Phase 3.
Section 49-3-380. The authority of the Land, Water and Conservation Division of the Department of Natural Resources and the South Carolina Water Board conferred by this article must be performed in conjunction with the concurrent authority of any other state or local agency or entity."
(D) This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. BOWEN explained the amendment.
Rep. OTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with definitions in regard to equipment and operation of watercraft, the Amendment dealt with the development of a water management program for South Carolina. He therefore sustained the Point of Order and ruled the Amendment out of order.
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4978 (Word version) -- Reps. Harrell, Harrison, Cotty, Loftis, Bedingfield, Bowen, Skelton, Walker, Pinson, Hiott, Frye, Toole, J. R. Smith, G. R. Smith, D. C. Smith, Leach, Haley, Hamilton, Crawford, Littlejohn, Chalk, Hagood, Herbkersman, Rice, Scarborough, Shoopman, Spires, Whipper, Allen, Mitchell, Stavrinakis and R. Brown: A BILL TO AMEND SECTION 23-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY MAY APPROVE FACILITIES AND TRAINING FOR CERTAIN PERSONS INVOLVED IN THE LAW ENFORCEMENT AND CRIMINAL JUSTICE SYSTEMS, TO PROVIDE THAT THE ACADEMY'S TRAINING MAY BE PROVIDED AT REGIONAL TRAINING FACILITIES THAT SHALL USE CURRICULUM AND INSTRUCTORS APPROVED AND CERTIFIED BY THE ACADEMY, AND THAT MUST BE ADMINISTERED BY A REGIONAL DIRECTOR WHO IS RESPONSIBLE FOR THE TRAINING PROGRAM.
Rep. HARRISON explained the Bill.
Reps. COBB-HUNTER and OTT requested debate on the Bill.
Rep. HARRISON continued speaking.
Reps. CLYBURN, J. H. NEAL, HERBKERSMAN, MERRILL, HARRISON, KENNEDY, STAVRINAKIS, MACK, BRANTLEY, HAGOOD, R. BROWN, HOSEY, JEFFERSON and KNIGHT requested debate on the Bill.
The following Bill was taken up:
H. 4446 (Word version) -- Reps. Pinson, Barfield, Gullick, Hayes, Huggins, McLeod, J. M. Neal, E. H. Pitts, M. A. Pitts and Vick: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27202BB08):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 1-11-720(A) of the 1976 Code, as last amended by Act 316 of 2006, is further amended by adding an appropriately numbered item at the end to read:
"( ) the South Carolina Athletic Coaches Association; except that for purposes of this item, only direct employees of the South Carolina Athletic Coaches Association are eligible to participate in the state health and dental insurance plans."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. NEILSON explained the amendment.
Rep. PINSON spoke in favor of the amendment.
Reps. KIRSH requested debate on the Bill.
Rep. PINSON continued speaking.
Reps. SIMRILL, G. R. SMITH, HAMILTON, KENNEDY, HAGOOD, BEDINGFIELD, STAVRINAKIS, LITTLEJOHN, BREELAND and HAYES requested debate on the Bill.
The following Bill was taken up:
H. 4346 (Word version) -- Reps. Harrell, Ballentine, Talley, Lowe, Young, Toole, E. H. Pitts, Kirsh, Littlejohn, Cotty, Bedingfield, Walker, Mahaffey and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-81 SO AS TO PROVIDE FOR THE DISCLOSURE OF INFORMATION REGARDING EARMARK PROJECTS OR PROGRAMS REQUESTED BY MEMBERS OF THE GENERAL ASSEMBLY FOR INCLUSION IN AN APPROPRIATIONS BILL, TO PROVIDE DEFINITIONS APPLICABLE FOR THE DISCLOSURE, AND TO PROVIDE FOR THE ENFORCEMENT OF THESE DISCLOSURE PROVISIONS.
Rep. NEILSON explained the Bill.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hosey Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Howard
The Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. DUNCAN a leave of absence for the remainder of the day due to business reasons and a leave for Thursday, May 1, due to meeting with the South Carolina's Congressional Delegation in Washington, D. C.
The following Joint Resolution was taken up:
H. 3975 (Word version) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.
Rep. BOWERS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12294HTC08), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, line 24, by striking / 2007 / and inserting / 2008 /.
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HART asked unanimous consent to recall H. 3142 (Word version) from the Committee on Ways and Means.
Rep. COOPER objected.
Rep. BALLENTINE asked unanimous consent to recall H. 4992 (Word version) from the Committee on Ways and Means.
Rep. MERRILL objected.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Thursday, May 1, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4548 (Word version) -- Reps. Umphlett, Cobb-Hunter, G. M. Smith, Lowe, Hutson, Jefferson, Toole, Vick, J. H. Neal, Huggins, Haley, Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E. H. Pitts, Spires, Williams and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, AS AMENDED, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, AS AMENDED, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.
Rep. UMPHLETT moved to adjourn debate upon the Senate Amendments until Tuesday, May 6, which was agreed to.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 5043 (Word version) -- Reps. Hutson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE THE FOURTH SATURDAY IN APRIL AS CITIZENS REMEMBRANCE DAY, TO BE OBSERVED ANNUALLY IN HONOR AND MEMORY OF VICTIMS OF FATAL MOTOR VEHICLE CRASHES.
Rep. HUTSON explained the Senate Amendments.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight, Bedingfield, Toole and Hodges: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES.
H. 4672 (Word version) -- Reps. White, Duncan and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO MOVE FORWARD FROM JULY 1, 2011, TO JULY 1, 2008, THE EXEMPTION ALLOWED FOR CONSTRUCTION MATERIALS USED IN THE CONSTRUCTION OR EXPANSION OF A MANUFACTURING OR DISTRIBUTION FACILITY AND TO REDUCE FROM ONE HUNDRED MILLION TO FIFTY MILLION DOLLARS THE MINIMUM INVESTMENT REQUIRED TO RECEIVE THE EXEMPTION; TO AMEND ACT 384 OF 2006, RELATING TO MISCELLANEOUS REVENUE PROVISIONS, SO AS TO CONFORM A PHASE-IN PROVISION FOR THE CONSTRUCTION MATERIALS SALES TAX EXEMPTION AMENDMENT IN THIS ACT; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE DEFINITION OF MANUFACTURING PROPERTY WITH RESPECT TO WAREHOUSING AND DISTRIBUTION FACILITIES OWNED OR LEASED BY A MANUFACTURER.
H. 4697 (Word version) -- Reps. Walker and Whipper: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION AND USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
The following Bill was taken up:
H. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E. H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.
Rep. KENNEDY moved to recommit the Bill to the Committee on Education and Public Works.
Rep. SIMRILL moved to table the motion.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brantley Cato Chalk Clemmons Crawford Daning Dantzler Delleney Erickson Frye Gambrell Gullick Hagood Haley Hardwick Harrison Haskins Hayes Herbkersman Hiott Howard Huggins Hutson Leach Loftis Lowe Lucas Merrill Moss Mulvaney J. M. Neal Owens Phillips Pinson E. H. Pitts M. A. Pitts Rutherford Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Taylor Toole Umphlett Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Bowers Branham Breeland G. Brown Clyburn Cobb-Hunter Davenport Hart Harvin Hosey Jefferson Jennings Kelly Kennedy Kirsh Littlejohn Mack Mahaffey McLeod Miller Mitchell J. H. Neal Neilson Ott Parks Perry Rice Scott G. M. Smith Stewart Talley Thompson Weeks Whipper White Williams
So, the motion to recommit the Bill was tabled.
Rep. HART moved to adjourn debate on the Bill until Tuesday, May 6.
Rep. CRAWFORD moved to table the motion.
Rep. HART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Brady Brantley Cato Chalk Clemmons Cotty Crawford Daning Delleney Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hiott Howard Huggins Hutson Jennings Knight Leach Littlejohn Loftis Lowe Lucas Merrill Moss Mulvaney J. H. Neal J. M. Neal Neilson Owens Phillips Pinson E. H. Pitts M. A. Pitts Rutherford Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Toole Umphlett Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Branham Breeland G. Brown Clyburn Cobb-Hunter Davenport Hart Harvin Hosey Jefferson Kelly Kennedy Kirsh Mack Mahaffey McLeod Miller Mitchell Ott Parks Perry Rice Scott Talley Thompson White Williams
So, the motion to adjourn debate until Tuesday, May 6, was tabled.
The question then recurred to the passage of the Bill on third reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brantley Cato Chalk Clemmons Cotty Crawford Daning Dantzler Davenport Delleney Erickson Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hiott Howard Huggins Hutson Knight Leach Loftis Lowe Lucas Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rutherford Scott Shoopman Simrill Skelton D. C. Smith F. N. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Taylor Toole Umphlett Weeks Whipper Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Bowers Branham Breeland G. Brown Hart Hosey Jefferson Kelly Kennedy Kirsh Littlejohn Mack Mahaffey McLeod Rice G. M. Smith Talley Thompson White Williams
The Bill was read the third time and ordered sent to the Senate.
Rep. MULVANEY moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5082 (Word version) -- Rep. Brantley: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE GRADUATES OF THE JASPER HIGH SCHOOL CLASS OF 1958 WHO ARE CELEBRATING THEIR GOLDEN ANNIVERSARY THIS YEAR, TO CONGRATULATE THEM ON MANY SUCCESSES AND ACHIEVEMENTS WHICH THEY HAVE ACCOMPLISHED AS A RESULT OF THE EXCELLENT EDUCATION THEY RECEIVED AT JASPER HIGH SCHOOL, AND TO DECLARE THE WEEKEND OF AUGUST 8-10, 2008, AS "JASPER HIGH SCHOOL CLASS OF 1958 WEEKEND" IN HONOR OF THESE GRADUATES.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1298 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 2008, AND FRIDAY, JUNE 13, 2008.
Ordered for consideration tomorrow.
The following was introduced:
H. 5104 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SAMANTHA BROWN FOR INTRODUCING THE PUBLIC TO VACATION DESTINATIONS WORLDWIDE, AND TO COMMEND HER FOR PUBLISHING THE BEAUTIES AND ATTRACTIONS ALONG THE GRAND STRAND OF SOUTH CAROLINA IN THE UPCOMING PRODUCTION OF PASSPORT TO GREAT WEEKENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5105 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO CONGRATULATE, HONOR, AND RECOGNIZE MARY MCLEOD TYLER, ONE OF SOUTH CAROLINA'S MOST DEDICATED AND DISTINGUISHED ELEMENTARY SCHOOL TEACHERS, UPON HER ATTAINING THE AGE OF FOUR SCORE AND TEN YEARS, AND FOR HER OUTSTANDING CONTRIBUTIONS TO THE SCHOOL CHILDREN OF SOUTH CAROLINA DURING HER TWENTY-NINE YEAR TEACHING CAREER.
The Resolution was adopted.
The following was introduced:
H. 5106 (Word version) -- Rep. Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP PRESTON WARREN WILLIAMS II FOR HIS FOUR YEARS OF SERVICE AS PRESIDING PRELATE OF THE 7TH EPISCOPAL DISTRICT (SOUTH CAROLINA) OF THE AFRICAN METHODIST EPISCOPAL CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up:
H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
Rep. M. A. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22104AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 47-1-10(1) of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"(1) 'Animal' or 'animals' shall be held to include means all a living vertebrate creatures creature except homo sapiens a homo sapien."
SECTION 2. Section 47-1-40(C) of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog and another animal does not occur during this training exercise."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4378 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A SALES AND USE TAX NOT TO EXCEED ONE PERCENT BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
Reps. CRAWFORD, MULVANEY, D. C. SMITH, J. R. SMITH, PERRY, SHOOPMAN, BEDINGFIELD, HASKINS, HAMILTON, KIRSH, DAVENPORT, SIMRILL, LOWE, YOUNG, SANDIFER, UMPHLETT, MERRILL, G. M. SMITH, FRYE, WEEKS, MILLER, GULLICK, LEACH, ALLEN and LITTLEJOHN requested debate on the Bill.
The following Bill was taken up:
H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10559HTC08), which was tabled:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. A. Article 5, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-580. When the tax return required pursuant to this article and the taxes due on it are paid in full on or before the final due date, the taxpayer is allowed a discount as follows:
(1) on taxes shown to be due by the return of less than one hundred dollars, three percent;
(2) on taxes shown to be due by the return of one hundred dollars or more, two percent.
In no case is a discount allowed if the return or the tax on it is received after the due date. The discount permitted a single taxpayer, regardless of the number of locations in the municipality or county, under this section may not exceed three thousand dollars during any one state fiscal year."
B. Article 7, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-780. When the tax return required pursuant to this article and the taxes due on it are paid in full on or before the final due date, the taxpayer is allowed a discount as follows:
(1) on taxes shown to be due by the return of less than one hundred dollars, three percent;
(2) on taxes shown to be due by the return of one hundred dollars or more, two percent.
In no case is a discount allowed if the return or the tax on it is received after the due date. The discount permitted a single taxpayer, regardless of the number of locations in the municipality or county, under this section may not exceed three thousand dollars during any one state fiscal year."
C. Notwithstanding the general effective date of this act, this section takes effect January 1, 2009, and applies for tax returns due to be filed for taxable periods beginning after December, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. OTT moved to table the amendment, which was agreed to, by a division vote of 44 to 18.
The question then recurred to the passage of the Bill.
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3274 (Word version) -- Reps. J. E. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH, AND PERSONS AND CAUSES TO WHICH, IT APPLIES, AND TO MAKE A VIOLATION AN UNFAIR TRADE PRACTICE UNDER SECTION 39-5-20.
Reps. MULVANEY, CRAWFORD, SHOOPMAN, SCARBOROUGH, LOFTIS, LOWE, CLEMMONS and STAVRINAKIS requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.
Rep. HERBKERSMAN explained the Bill.
H. 5090 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.
The following Bill was taken up:
H. 4694 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-815 SO AS TO PROHIBIT A PERSON CHARGED WITH A CRIMINAL OFFENSE WITH A MAXIMUM PENALTY OF ONE YEAR OR MORE FROM SERVING ON A STATE GRAND JURY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7621AHB08):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Article 7, Chapter 7, Title 14 of the 1976 Code is amended by adding:
"Section 14-7-815. A person who is currently charged in a state or federal court with a criminal offense which carries a maximum penalty of one year or more is not qualified to serve as a juror on any grand jury in the State." /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
Reps. RUTHERFORD, HART, J. H. NEAL, JEFFERSON, AGNEW, R. BROWN, OTT and BREELAND requested debate on the Bill.
The following Bill was taken up:
H. 4984 (Word version) -- Reps. Hagood and G. M. Smith: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE WHO COMMITS ARMED ROBBERY TO RECEIVE A YOUTHFUL OFFENDER SENTENCE NOT BELOW A MINIMUM OF THREE YEARS; AND TO AMEND SECTION 24-19-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE PERSONS WHO COMMIT A BROADER RANGE OF CRIMINAL OFFENSES.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7622AHB08), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 24-19-10 of the 1976 Code is amended to read:
"Section 24-19-10. As used hereinin this chapter:
(a)(1) 'Department' means the Department of Corrections.
(b)(2) 'Division' means the Youthful Offender Division.
(c)(3) 'Director' means the Director of the Department of Corrections.
(d)(4) 'Youthful offender' means an offender who is:
(i)(a) under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an a criminal offensethat is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less, except as specifically excluded pursuant to item (6); or
(ii)(b) seventeen but less than twenty-five years of age at the time of conviction for ana criminal offensethat is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less, except as specifically excluded pursuant to item (6).
(e)(5) 'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders; this may also include vocational and other training considered appropriate and necessary by the division.
(f)(6) 'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge wherewhen the imprisonment is at least one year, but excluding:
(i) all offenses in which the maximum punishment provided by law is death or life imprisonment;
(ii) manslaughter as defined in Section 16-3-50;
(iii) criminal sexual conduct in the first degree as defined in Section 16-3-652;
(iv) criminal sexual conduct in the second degree as defined in Section 16-3-653;
(v) criminal sexual conduct in the third degree as defined in Section 16-3-654; and
(vi) criminal sexual conduct with a minor in any degree as defined in Section 16-3-655." /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
Reps. E. H. PITTS, YOUNG, CRAWFORD, LOWE, KENNEDY, MAHAFFEY, STAVRINAKIS, UMPHLETT, TOOLE, OTT, DANING, THOMPSON and SANDIFER requested debate on the Bill.
The following Bill was taken up:
H. 4377 (Word version) -- Reps. E. H. Pitts, Bingham, Toole and Viers: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING REPORTS AND INVESTIGATIONS OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT INFORMATION CONCERNING REPORTS OF CHILD ABUSE AND NEGLECT CLASSIFIED AS UNFOUNDED MUST BE FORWARDED TO THE STATE LAW ENFORCEMENT DIVISION FOR SAFEKEEPING INDEFINITELY, TO BE DISCLOSED ONLY UNDER CERTAIN CIRCUMSTANCES CURRENTLY ALLOWED BY LAW AND TO MANDATE THAT BOTH THE DEPARTMENT AND THE APPROPRIATE LAW ENFORCEMENT AGENCY CONDUCT INVESTIGATIONS AND SHARE INFORMATION COLLECTED WHEN CHILD ABUSE OR NEGLECT IS INDICATED; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE CERTAIN PUBLIC ENTITIES TO REVIEW THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT BEFORE HIRING A POTENTIAL EMPLOYEE AND TO PROVIDE CONSEQUENCES WHEN AN EMPLOYER REQUIRED TO CHECK THE CENTRAL REGISTRY FAILS TO DO SO; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALLOW CERTAIN PERSONS, AGENCIES, OR ENTITIES ACCESS TO THE DEPARTMENT'S RECORDS OF INDICATED CHILD ABUSE AND NEGLECT CASES; AND TO REPEAL SECTION 20-7-50 RELATING TO UNLAWFUL CONDUCT TOWARDS A CHILD.
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7624AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-650(J) through (V) of the 1976 Code, as last amended by Act 79 of 2005, is further amended to read:
"(J) Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained by the department for not less than fiveten years after the finding. Information contained in unfounded cases is not subject to disclosure under pursuant to the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:
(1) a prosecutor, SLED, or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department, SLED, or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department, SLED, or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under pursuant to the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under pursuant to the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;
(2) may order, except as provided for in item (1),order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence:
(a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment,; and
(b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(M) At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K)(L).
(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary s