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 Zechariah 9:12: "I declare that I will restore to you double."
Let us pray. Almighty and everlasting God, You have brought us in safety to this new day. Preserve us with Your mighty power, that we may accomplish all You desire of us. Direct us to the fulfilling of Your purpose. Grant these Representatives discernment in continuing their work for the people of South Carolina. Continue Your blessings upon 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, O Lord, 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. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Arman Chardukian of Camden, which was agreed to.
The following was received from the Senate:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3857:
H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
and asks for a Committee of Conference and has appointed Senators Knotts, Hutto and Bryant to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. G. M. SMITH, RUTHERFORD and HERBKERSMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1059:
S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 218:
S. 218 (Word version) -- Senator Courson: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25 OF THE 1976 CODE, RELATING TO THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, TO NAME THE COMPACT THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT INSTEAD OF THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE EMERGENCY MANAGEMENT DIVISION, TO PROVIDE THAT THE EMERGENCY MANAGEMENT DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM, AND TO PROVIDE THAT THE GOVERNOR SHALL DEVELOP AND COORDINATE AN EMERGENCY MANAGEMENT SYSTEM THAT INCLUDES CERTAIN PROVISIONS AND PROCEDURES.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 88:
S. 88 (Word version) -- Senators Campsen, Sheheen and Knotts: A BILL TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered noncurrence in the amendments proposed by the House to S. 691, concurred in the House amendments and has ordered the Bill enrolled for ratification:
S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 951:
S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rankin, Ritchie and Lourie of the Committee of Conference on the part of the Senate on H. 3798:
H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3993 and asks for a Committee of Conference and has appointed Senators Courson, Martin and Malloy of the Committee of Conference on the part of the Senate on H. 3993:
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
Very respectfully,
President
Received as information.
Whereupon, the Chair appointed Reps. DUNCAN, G. R. SMITH and MILLER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hawkins, Knotts and Williams of the Committee of Conference on the part of the Senate on H. 3212:
H. 3212 (Word version) -- Reps. Delleney, M. A. Pitts, Haley, Crawford, Chellis, G. R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Very respectfully,
President
Received as information.
Whereupon, the Chair appointed Reps. DELLENEY, VICK and DUNCAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., June 3, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 530 and asks for a Committee of Conference and has appointed Senators Land, Hayes and Alexander of the Committee of Conference on the part of the Senate on S. 530:
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Very respectfully,
President
Received as information.
Whereupon, the Chair appointed Reps. YOUNG, COBB-HUNTER and SIMRILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 289, H. 3906 by a vote of 43 to 1:
(R289, H3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
Very respectfully,
President
Received as information.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5250 (Word version) -- Reps. Allen and F. N. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME LINE ROAD (S-23-807) IN GREENVILLE COUNTY "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD".
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 5247 (Word version) -- Reps. Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, 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 HOUSE RESOLUTION TO CONGRATULATE THE GREENWOOD WANDERERS SOCCER TEAM, OF THE SOUTH CAROLINA AMATEUR SOCCER ASSOCIATION'S CENTRAL LEAGUE, ON ITS IMPRESSIVE WIN OF THE 2008 SOUTH CAROLINA KOMATSU STATE CUP CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACH SAMMY NASROLLAHI ON AN OUTSTANDING SEASON.
The Resolution was adopted.
The following was introduced:
H. 5248 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF THE REVEREND ISAAC BROOKS OF COLLETON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5249 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE ROBERT LEE BENNETT SPRINKLE IV, OF THE BOY SCOUTS OF AMERICA'S OLD HICKORY COUNCIL, FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5250 (Word version) -- Reps. Allen and F. N. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME LINE ROAD (S-23-807) IN GREENVILLE COUNTY "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5251 (Word version) -- Reps. Haley, Spires, Huggins, Ballentine, Bingham, E. H. Pitts and Toole: A HOUSE RESOLUTION TO COMMEND THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR ITS LEADERSHIP IN BRINGING TO SOUTH CAROLINA THE NATIONAL SAFETY COUNCIL'S "DEFENSIVE DRIVING COURSE--ALIVE AT 25" PROGRAM, WHICH HAS SAVED SO MANY YOUNG LIVES.
The Resolution was adopted.
The following was introduced:
H. 5252 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE, CONGRATULATE, AND APPRECIATE THE POMARIA RURITAN CLUB AS IT CELEBRATES FORTY-FIVE YEARS OF PROVIDING FELLOWSHIP, GOODWILL, AND COMMUNITY AND LEADERSHIP SERVICE TO THE POMARIA COMMUNITY LOCATED IN NEWBERRY COUNTY.
The Resolution was adopted.
The following was introduced:
H. 5253 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SERVICE OF THE HUTCHINGS-CALDWELLS DETACHMENT 1134 OF THE MARINE CORPS LEAGUE OF SPARTANBURG COUNTY AND TO CONGRATULATE THEM FOR THE SUCCESS OF "OPERATION RUDOLPH" TO CONNECT STUDENTS WITH ARMED FORCES TROOPS SERVING THE UNITED STATES ABROAD.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 5254 (Word version) -- Reps. Gambrell, Agnew, Bowen, Thompson and White: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ALLOW THE UNEMPLOYMENT RATE AND PER CAPITA INCOME FACTORS TO BE CALCULATED FOR AN INDIVIDUAL SCHOOL DISTRICT LOCATED IN A COUNTY DESIGNATED DEVELOPED OR MODERATELY DEVELOPED AND IF THOSE FACTORS IN THE SCHOOL DISTRICT FALL WITHIN THE RANGE OF A DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED COUNTY, TO ALLOW A PROJECT LOCATED IN THE SCHOOL DISTRICT TO RECEIVE THE CREDITS ALLOWED IN A DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED COUNTY, AS APPLICABLE, IF THE PROJECT IS OTHERWISE QUALIFIED, JOB DEVELOPMENT CREDITS.
Referred to Committee on Ways and Means
S. 1429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 6-21-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF FEDERAL LOANS AND GRANTS UNDER THE REVENUE BOND ACT FOR UTILITIES, SO AS TO PERMIT MORTGAGES TO FEDERAL AGENCIES IN CERTAIN CIRCUMSTANCES.
Referred to Committee on Ways and Means
The following was introduced:
H. 5255 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND HARRY ERNEST LAWHON, JR., OF KERSHAW COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS A PASTOR AND FOR HIS COMMITTED COMMUNITY SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5256 (Word version) -- Reps. Erickson, 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, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR CARIA WHITMIRE-CAMP FOR OVERCOMING THE STRUGGLES SHE HAS FACED IN HER SEVENTEEN YEARS, AND TO CONGRATULATE HER FOR BEING NAMED THE 2008 SOUTH CAROLINA TEEN OF THE YEAR BY THE BOYS AND GIRLS CLUBS OF AMERICA.
The Resolution was adopted.
The following was introduced:
H. 5257 (Word version) -- Reps. Anderson, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, 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 HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE MU PHI OMEGA CHAPTER OF ALPHA KAPPA ALPHA SORORITY ON THE ORGANIZATION'S CELEBRATION OF ONE HUNDRED YEARS OF PHILANTHROPIC COMMUNITY SERVICE THROUGHOUT THE UNITED STATES AND BEYOND.
The Resolution was adopted.
The following was introduced:
H. 5258 (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 HOUSE RESOLUTION TO COMMEND MRS. FRANCIS PATRICIA "PAT" O. JAMES, ACCOUNTING CLERK FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, FOR HER OUTSTANDING SERVICE UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
Whereas, the members of the South Carolina House of Representatives note that, after twenty-three years of service, Mrs. Francis Patricia "Pat" O. James is retiring from the position of accounting clerk for the House; and
Whereas, Pat James grew up in Charlotte, North Carolina, first coming to Columbia in 1980 with her husband, Milton, where he was to begin a new job. In preparation for her own work, Pat James then earned her accounting degree at Midlands Technical College; and
Whereas, since 1985, when she began work for the South Carolina House of Representatives, she has rendered outstanding service as an accounting clerk and plans retirement on July 1, 2008; and
Whereas, an active member of Irmo's Riverland Hills Baptist Church, Mrs. James serves regularly with the Awana ministry, working with the three- and four-year-old Cubbies. She also participates with the Foot Movements Ministry; and
Whereas, she hopes to enjoy her well-earned retirement by spending more time with her family, which includes, in addition to her husband and sons Jason and Adam, her first grandchild, Savannah. The family is soon to enjoy the delight of a second grandchild, who is expected to arrive in December 2008; and
Whereas, having served the House well and faithfully, Pat James will be remembered at the State House with gratitude and affection for years to come, and the members pray the blessing of God upon her as she enters this new chapter of her life. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, commend Mrs. Francis Patricia "Pat" O. James, accounting clerk for the House, for her outstanding service upon the occasion of her retirement, and wish her much happiness and fulfillment in all her future endeavors.
Be it further resolved that a copy of this resolution be presented to Pat James.
The Resolution was adopted.
The following was introduced:
H. 5259 (Word version) -- Reps. Pinson, Whipper, Hagood, Stavrinakis, Scarborough, Harrell, Young, Breeland, Limehouse, Mack, Miller, Hutson, R. Brown, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Merrill, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, 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, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE IRVIN G. CONDON OF CHARLESTON COUNTY FOR HIS YEARS OF SERVICE TO THE CITIZENS OF OUR STATE AND TO CONGRATULATE HIM FOR HIS ELECTION AS THE PRESIDENT OF THE NATIONAL COLLEGE OF PROBATE JUDGES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5260 (Word version) -- Reps. Harrison, Bales, Ballentine, Brady, Hart, Howard, J. H. Neal, Rutherford, Scott, J. E. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Sellers, Shoopman, 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, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE BILL COTTY FOR HIS YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF DISTRICT NUMBER 79 IN KERSHAW AND RICHLAND COUNTIES, AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
Whereas, the South Carolina House of Representatives takes great pleasure in recognizing the Honorable Bill Cotty for his exemplary service to the citizens of District Number 79 including Kershaw and Richland Counties since 1995; and
Whereas, Bill Cotty, the son of William O. and Marie F. Cotty, graduated from Erskine College in 1969 with a bachelor of arts degree and was the president of the student body his senior year. After working as the administrative assistant to Congressman Tom Gettys from 1969 to 1971, he attended the University of South Carolina where he received his law degree in 1974; and
Whereas, before being elected to the South Carolina House of Representatives, Bill Cotty had established himself as an outstanding leader and advocate of public education while serving as a member and as chairman of the Richland School District Two Board of Trustees from 1986 to 1994; and
Whereas, when Bill Cotty was elected to the House of Representatives in 1994, he was a member of a historic legislative class that gave the majority to the Republican party for the first time in either body in over one hundred years; and
Whereas, his constituents have lauded him publicly for his efforts for tax reform, improvement of early childhood education, and tougher laws for those convicted of driving under the influence of alcohol and drugs; and
Whereas, in the fine tradition of military patriotism and service to his State and country, Bill Cotty served in the South Carolina Army National Guard and retired at the rank of lieutenant colonel; and
Whereas, married to his beloved Amelia Heath Dunlap, they have raised three fine children, Will, Molly, and Anne Marie, and are involved with and devoted to their adored grandchildren. Together they have kept their very close and loving family always in the forefront of their lives; and
Whereas, Bill Cotty is prized for his keen wit and wonderfully dry sense of humor and is greatly admired and respected for his moderate, effectual, leadership and his tireless efforts on behalf of his constituents; and
Whereas, the members of the South Carolina House of Representatives, understanding that he will not seek re-election in the fall of 2008, wish to express to him their deep appreciation for his dedication to the citizens of District Number 79 and their gratitude for the privilege of serving with him in this august body. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize and commend the Honorable Bill Cotty for his years of faithful service to the citizens of District Number 79 in Kershaw and Richland Counties, and wish him much success in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Bill Cotty.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1402 (Word version) -- Senators Patterson, Matthews and Anderson: A CONCURRENT RESOLUTION TO ENCOURAGE THE MEMBERSHIP OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS TO WORK WITH LEGISLATIVE COLLEAGUES TO ENSURE TRANSPARENCY WHEN PHYSICIANS OR OTHER HEALTH PRACTITIONERS RECEIVE FINANCIAL COMPENSATION FOR CLINICAL DECISIONS.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.
The Senate sent to the House the following:
S. 1439 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS, WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1443 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE SIMPSONVILLE HONOR FLIGHT PLANNING COMMITTEE FOR TRANSPORTING ONE HUNDRED WORLD WAR II VETERANS TO OUR NATION'S CAPITAL TO VIEW THE WORLD WAR II MEMORIAL, AND TO ENCOURAGE OTHER COMMUNITIES TO FOLLOW SIMPSONVILLE'S FINE EXAMPLE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1444 (Word version) -- Senators Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CRAIG MELVIN OF RICHLAND COUNTY FOR SEVEN SUCCESSFUL YEARS OF FULL-TIME JOURNALISM WITH THE WIS TELEVISION STATION AND TO WISH HIM SUCCESS AS HE BEGINS HIS NEW ASSIGNMENT IN WASHINGTON, D.C.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Cooper Crawford Daning Dantzler Delleney Duncan Edge Erickson Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Hutson Jefferson Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Walker Whipper White Williams Young
I came in after the roll call and was present for the Session on Wednesday, June 4.
Paul Agnew Robert L. Brown Bakari Sellers William Witherspoon Bill Cotty Creighton Coleman Ralph Davenport Marion Frye Chip Huggins Douglas Jennings James Merrill Harold Mitchell William R. "Bill" Whitmire Doug Smith Ted Vick David Weeks Gary Simrill James E. Stewart Thad Viers Leon Howard Joseph Neal
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Kelly Hynes of Columbia was the Doctor of the Day for the General Assembly.
REP. MACK made a statement relative to Rep. BREELAND'S service in the House.
Rep. BREELAND made a statement relative to his service in the House.
I want to thank my constituents in House District 111 and Charleston County for giving me the opportunity to serve in this august Body. The seat belongs to them and they are the ones who kept me in this position for sixteen years. It has always been my intention to be most responsible, cooperative, generous, and sincerely honest in my convictions while serving in the South Carolina House of Representatives.
I want to thank those persons in the Blatt Building who greet you with a smile and a good morning each and every Tuesday morning. I want to call their names, but it would take too long. I am referencing security, the switchboard operators, secretaries, office directors, and staff, the House cleaning staff, Word Processing, Bookkeeping, and others.
The pleasantries did not stop in the Blatt Building. They extended to this building, where you received the same greeting again from security, Legislative Council, the ladies and gentlemen on the front desk, the pages, computer specialists and even the lobbyists. Again, I want to call their names, but it would take too long. Thanks for your friendship and most of all your help. You never denied me at any time.
I want to thank Chairman Leon Howard for giving me the opportunity to serve on the 3-M Committee. When he became chairman, he could have said, "Speaker, I do not want Floyd Breeland on my committee," but he did not. Thanks for making me a subcommittee chairman. It is a good feeling when you walk through the Halls and some people call you Mr. Chairman!
Fellow colleagues and especially Rep. Delleney, I spent my entire sixteen years on the 3-M Committee. There are two main reasons I made this decision. First, working with Mary Dennis Cauthen, Ava Brumfield, and Barbara Coleman was a joy because they made sure you were well prepared prior to taking the podium to explain a bill. In other words, as they say in the hood, "I got your back."
Secondly, I wanted to serve on the 3-M Committee, because it gave me an opportunity to work closely with about 85 percent of the House membership. As you know, a majority of new members are usually assigned to the 3-M Committee.
Mr. Speaker, we came to the General Assembly at the same time. We were classmates. You have been a true friend from the first time we met to the present. Having served under three Speakers, I can say you are the greatest. (These remarks were written prior to last week!) I do not think anyone present will repeat what I just said. Thank you, Mr. Speaker for your friendship and leadership.
Rep. Ott, you have been a great minority leader. It has been a pleasure working with you. Please keep me in charge of the fishing party.
To the Charleston Delegation, we have had good times and bad times. Now that two more thorns in the side, Ben and I, are leaving, John Graham Altman was the other, I am sure you will work together and vote together for the citizens of Charleston County and the State of South Carolina. Chaplain Seastrunk, I am the Chaplain for our delegation. Prior to going to meetings, I would carry one of your prayers with me and read it for the invocation.
I often hear Representative Gilda Cobb-Hunter speak of Gifford, Florida, as it relates to her place of birth. Well, she has never heard of Badham, South Carolina. It has always been hard for me to understand how a young man born in Badham, SC, reared partially in a one room house, the kitchen 25 feet away from the house and three sleeping in one bed, would one day reach such a plateau-a member of the South Carolina House of Representatives.
During my first Session in the House, some of my colleagues called me Mr. "C". That was before Coaches Anthony and Hayes became members of the House. I sponsored a bill requiring students to have a "C" average in order to participate in interscholastic activities. Prior to putting this bill in, I visited several schools talking to students. They said they had no problem with it. The coaches gave me a good beating. Do you remember that Representative Walker?
I can go on and on sharing my experiences, but I do not want to bore you.
As I review my sixteen year career as a South Carolina legislator, I am truly amazed, still yet, of the various concerns that are brought before us and the needs and concerns of our constituents. Serving in this body has been an honor and a privilege that will be with me for the rest of my life. My family joins me to say, Thank you! Thank you! Thank You!
Recently, a lot of people have been saying to me, why are you retiring. Why? When this started I began to pursue the meaning of the word retirement. Ken Hubbard said, "Retirement is when some fellas decide to retire and nobody knows the difference." Alexander Pope said, "Retirement means to walk sober off before the sprightlier ages comes tittering and shoves you from the stage." I thought seriously about the latter definition.
Well, I do not think I fall into the retirement category because:
My back does not wear out before I go to bed.
When I go to bed, I do not turn out the lights for economic reasons instead of romantic reasons.
The names in my little black book do not have MD behind the names.
Nor when the little lady I help across the street happens to be my wife.
In conclusion, I have been wrestling with a song to leave with you. The following songs came to my mind-Memories, I Did It My Way, and Bless This House! After giving each consideration, and considering the good times and the bad times we have had in this Chamber, I decided to end my tenure in the South Carolina General Assembly with a Prayer-Bless This House!
Bless this house O Lord, we pray,
Make it safe by night and day;
Bless these walls, so firm and stout,
Keeping want and trouble out;
Bless the roof and chimneys tall,
Let Thy peace lie over all;
Bless this door, that it may prove
Ever open to joy and love.
Bless these windows shining bright,
Letting in God's heav'nly light;
Bless the hearth a-blazing there,
With smoke ascending like a prayer;
Bless the folk who dwell within,
Keep them pure and free from sin;
Bless us that we may be
Fit, O Lord, to dwell with Thee,
Bless us all that one day we
May dwell, O Lord, with Thee.
Farewell,
Rep. Floyd Breeland
Rep. HARRELL made a statement relative to Rep. HAGOOD'S service in the House.
Rep. HAGOOD made a statement relative to his service in the House.
Rep. HARRELL made a statement relative to Rep. DANTZLER'S service in the House.
Rep. DANTZLER made a statement relative to his service in the House.
Rep. ANTHONY made a statement relative to Rep. COLEMAN'S service in the House.
Rep. COLEMAN made a statement relative to his service in the House.
Rep. DUNCAN made a statement relative to Rep. TAYLOR'S service in the House.
Rep. TAYLOR made a statement relative to his service in the House.
Rep. J. R. SMITH made a statement relative to Rep. PERRY'S service in the House.
Rep. PERRY made a statement relative to his service in the House.
Rep. KELLY made a statement relative to Rep. TALLEY'S service in the House.
Rep. TALLEY made a statement relative to his service in the House.
Rep. LITTLEJOHN made a statement relative to Rep. MAHAFFEY'S service in the House.
Rep. MAHAFFEY made a statement relative to his service in the House.
Rep. WALKER made a statement relative to Rep. W. D. SMITH'S service in the House.
Rep. W. D. SMITH made a statement relative to his service in the House.
Rep. KIRSH made a statement relative to Rep. MULVANEY'S service in the House.
Rep. MULVANEY made a statement relative to his service in the House.
Rep. LEACH made a statement relative to Rep. SHOOPMAN'S service in the House.
Rep. SHOOPMAN made a statement relative to his service in the House.
S. 1150--Conference Report
The General Assembly, Columbia, S.C., June 3, 2008
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-13-1630 of the 1976 Code is amended to read:
"Section 50-13-1630. (A) A person may not possess, sell, offer for sale, import, bring, or cause to be brought or imported into this State or release into the waters of this State the following fish or eggs of the fish:
(1) carnero or candiru catfish (Vandellia cirrhosa);
(2) freshwater electric eel (Electrophorus electricus);
(3) white amur or grass carp (Ctenopharyngodon idella);
(4) walking catfish or a member of the clariidae family (Clarias, Heteropneustea, Gymnallabes, Channallabes, or Heterobranchus genera);
(5) piranha (all members of Serrasalmus, Rooseveltiella, and Pygocentrus genera);
(6) stickleback;
(7) Mexican banded tetra;
(8) sea lamprey;
(9) rudd (Scardinius erythrophtalmu-Linneaus); and
(10) snakehead (all members of family Channidae).
(B) The department may issue special import permits to qualified persons for research and education only.
(C)(1) The department may issue special permits for the stocking of nonreproducing sterile white amur or grass carp hybrids in the waters of this State. The special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for sterility testing must be retained by the department and used to offset the costs of the testing.
(2) The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item (1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies.
(D) The department may issue special permits for the importation, breeding, and possession of nonsterile white amur or grass carp hybrids. The permits must be issued pursuant to the requirements contained in Chapter 18 of this title. Provided, however, that no white amur or grass carp hybrids imported, bred, or possessed pursuant to a special permit issued pursuant to this section may be stocked in the waters of this State except as provided in subsection (C) of this section.
(D)(E) It is unlawful to take grass carp from waters stocked as permitted by this section. Grass carp caught must be returned to the water from which it was taken immediately.
(E)(F) The department must prescribe the qualifications, methods, controls, and restrictions required of a person or his agent to whom a special permit is issued. The department must condition all permits issued under this section to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of this State. The department may promulgate regulations necessary to effectuate this section and specifically to prohibit additional species of fish from being imported, possessed, or sold in this State when the department determines the species of fish are potentially dangerous."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to read:
/ A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL PERMITS FOR THE STOCKING OF STERILE WHITE AMUR OR GRASS CARP HYBRIDS IN THE WATERS OF THIS STATE, TO PROVIDE THAT THE SPECIAL PERMITS MUST CERTIFY THAT THE PERMITEE'S WHITE AMUR OR GRASS CARP HYBRIDS HAVE BEEN TESTED AND DETERMINED TO BE STERILE, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE WHITE AMUR OR GRASS CARP HYBRIDS PROVIDED BASED ON SIZE, AND TO PROVIDE THAT SUBJECT TO CERTAIN CONDITIONS THE DEPARTMENT MAY ISSUE SPECIAL PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NONSTERILE WHITE AMUR OR GRASS CARP HYBRIDS. /
Hon. Danny Verdin Hon. Harold Mitchell, Jr. Hon. George E. "Chip" Campsen Hon. Jeff Duncan Hon. Kent Williams Hon. Michael A. Pitts On Part of the Senate. On Part of the House.
Rep. M. A. PITTS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5012 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
Rep. CHALK explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
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.
Reps. HARRELL and KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27345BB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 4-10-20 of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Section 12-36-2110 and Article 17 of Chapter 36 of Title 12 is exempt from the local sales and use tax. Unprepared food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the tax imposed pursuant to this article. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-36-1310. Taxpayers required to remit taxes under Section 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county or municipality, shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."
SECTION 2. Section 4-10-350(B) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. Unprepared food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the tax imposed pursuant to this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12."
SECTION 3. Section 4-10-580(B) of the 1976 Code, as added by Section 99, Part II, Act 387 of 2000, is amended to read:
"(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. Unprepared food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the tax imposed pursuant to this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12."
SECTION 4. Section 4-37-30(A)(9) of the 1976 Code, as last amended by Act 368 of 2000, is further amended to read:
"(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with Unprepared food items eligible for purchase with United States Department of Agriculture food stamps coupons are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12."
SECTION 5. Section 12-36-2120(75) of the 1976 Code, as added by Act 115 of 2007, is amended to read:
"(75)(a) unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons. Except as provided in subsection (b) of this item However, the exemption allowed by this item applies only to the state sales and use tax imposed pursuant to this chapter.
(b) If a locally imposed sales and use tax administered by the South Carolina Department of Revenue currently applies to food items exempt from state sales and use tax pursuant to subitem (1) of this item, the governing body of the county imposing that local sales and use tax by ordinance may extend that state sales and use tax exemption to the local sales and use tax imposed in the county. The exemption ordinance takes effect on the first day of the third month following the month in which the county files a certified copy of the exemption ordinance with the director of the South Carolina Department of Revenue."
SECTION 6. This act takes effect upon approval by the Governor, but the amendments to Sections 4-10-20, 4-10-350(B), 4-10-580(B), and 4-37-30(A)(9) of the 1976 Code contained in this act apply with respect to local sales and use taxes imposed or reimposed on or after that date./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; AND TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
Rep. COOPER proposed the following Amendment No. 1A (Doc Name COUNCIL\DT\27240BB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-3310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding a new subsection at the end to read:
"(C) A limited liability company not organized as a legal entity which is a taxpayer, a corporation, or other form of business entity expressly specified as qualifying for the credits allowed pursuant to this article nevertheless qualifies for such credits in a manner consistent with Section 12-2-25 as follows:
(1) Limited liability companies taxed for South Carolina income tax purposes as partnerships shall apply the credits as provided in subsection (B). If a member is an individual, the limited liability company may earn and pass through any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510. If a member is a corporation, the limited liability company may earn and pass through any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-530.
(2) Limited liability companies taxed for South Carolina income tax purposes as corporations are entitled to all credits otherwise applicable to corporations.
(3) With respect to single members of limited liability companies which are not regarded as a separate entity from its owner, members who are individuals may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-510 and members which are corporations may claim any credits allowed by this article to be applied against income tax imposed pursuant to Section 12-6-530.
(4) For limited liability companies owned by limited liability companies or other pass through entities described in subsection (B), subsections (1) through (3) are applied at each successive stage of ownership until the credit is applied against the tax imposed pursuant to either Section 12-6-510 or Section 12-6-530, as applicable.
B. 1. Section 12-6-3410(D)(2) of the 1976 Code is amended to read:
"(2) The establishment, expansion, or addition of a corporate headquarters or research and development facility must result in:
(a) the creation of at least seventy-five new full-time jobs performing either:
(i)(a) headquarters related functions and services; or
(ii)(b) research and development related functions and services.
The seventy-five required jobs must have an average cash compensation level of more than one and one-half times twice the per capita income of this State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled; and
(b) an average South Carolina employee cash compensation level for all employees in this State of more than twice the per capita income in the State based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled."
2. Section 12-6-3410(J) of the 1976 Code, as amended by Act 384 of 2006, is further amended by deleting item (9) which reads:
"(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50 and bank taxes imposed pursuant to Chapter 11 of this title. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members."
C. Section 12-6-3520 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by deleting subsection (E) which reads:
"(E)(1) An 'S' corporation, limited liability company, or partnership that qualifies for the credit pursuant to this section may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership.
(2) The amount of the credit allowed a shareholder, member, or partner pursuant to this section is equal to the shareholder's percentage of stock ownership, the member's interest in the limited liability company, or the partner's interest in the partnership for the taxable year, multiplied by the amount of the credit earned by the entity. Credit earned by an 'S' corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to the shareholders of the 'S' corporation.
(3) For purposes of this subsection, 'limited liability company' means a limited liability company taxed like a partnership."
D. Section 12-10-30 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item at the end to read:
"(18) 'Significant business' means a qualifying business making a significant capital investment as defined in Section 12-44-30(7)."
E. Section 12-10-80(D)(2), as last amended by Act 386 of 2006, is further amended to read:
"(2) The amount that may be claimed as a job development credit by a qualifying business is limited by this subsection and by the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits provided in item (1) for a qualifying business making a significant capital investment as defined in Section 12-44-30(7).:
(a) a significant business; and
(b) a related person to a significant business if the related person is located at the project site of the significant business and qualifies for job development credits pursuant to this chapter.
For purposes of this item, a related person includes any entity or person that bears a relationship to a significant business as provided in Internal Revenue Code Section 267 and includes, without limitation, a limited liability company of which more than fifty percent of the capital interest or profits is owned directly or indirectly by a significant business or by a person or entity, or group of persons or entities which owns, more than fifty percent of the capital interest or profits in the significant business."
F. Section 12-44-30(7) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 12-44-120(B), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
G. Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-29-67(O)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor."
H. Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding a new paragraph at the end to read:
"For purposes of this item, if a single sponsor enters into a financing arrangement of the type described in Section 4-12-30(M)(2), the investment in or financing of the property by a developer, lessor, financing entity, or other third party in accordance with this arrangement is considered investment by the sponsor. Investment by a related person to the sponsor, as described in Section 12-10-80(D)(2), is considered investment by the sponsor." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
H. 3623--Conference Report
The General Assembly, Columbia, S.C., May 29, 2008
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Section 6-11-340(D) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:
"(D) The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to Article 9, Chapter 6 23, Title 23 in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy is authorized to establish and collect a fee for this training."
SECTION 2. Section 14-1-206(C)(2) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(2) 16.52 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 3. Section 14-1-207(C)(2) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(2) 22.49 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 4. Section 14-1-208(C)(2) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(2) 15.07 percent to the Department of Public Safety South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 5. Section 23-11-110(C) of the 1976 Code is amended to read:
"(C) Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 23 of the 1976 Code, to be conducted by the Criminal Justice Academy or an otherwise approved academy or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."
SECTION 6. Section 23-23-70 of the 1976 Code, as added by Act 317 of 2006, is amended to read:
"Section 23-23-70. (A) A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof must be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 23-23-60 if that person completes the legal course for Class I certified officers taught by the Criminal Justice Academy. This provision applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.
(B) A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section 23-6-440 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:
(1) the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the department may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;
(2) within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the Criminal Justice Academy; and
(3) the officer must have maintained a constable commission during his retirement, without interruption.
(C) A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-6-440 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer."
SECTION 7. Section 23-28-20(C)(3) of the 1976 Code is amended to read:
"(3) successfully complete a course of training specified pursuant to Title 23, Chapter 28 23 and endorsed by the chief who appoints them."
SECTION 8. Section 23-47-20(C)(15) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:
"(15) telecommunication operators or dispatchers trained and certified by the Law Enforcement Training Council (Criminal Justice Academy) South Carolina Criminal Justice Academy. The Law Enforcement Training Council South Carolina Criminal Justice Academy shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the department is authorized to establish and collect a fee for this training;"
SECTION 9. Section 24-5-320 of the 1976 Code is amended to read:
"Section 24-5-320. No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety South Carolina Criminal Justice Academy."
SECTION 10. Section 24-5-360 of the 1976 Code is amended to read:
"Section 24-5-360. A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety South Carolina Criminal Justice Academy and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety South Carolina Criminal Justice Academy pursuant to Article 9, Chapter 6 23 of Title 23."
SECTION 11. Section 40-18-30(A)(5) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:
"(5) to provide, with the advice and consent of the Law Enforcement Training Council South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and"
SECTION 12. Section 23-23-10(D), as added by Act 317 of 2006, is amended to read:
"(D) Upon the signature of the Governor, all functions, duties, responsibilities, accounts, and authority statutorily exercised by the South Carolina Criminal Justice Academy Division of the Department of Public Safety are transferred to and devolved upon the South Carolina Law Enforcement Training Council Criminal Justice Academy."
SECTION 13. Section 23-23-20, as added by Act 317 of 2006, is amended to read:
"Section 23-23-20. The There is hereby created the South Carolina Criminal Justice Academy which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system. Correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. Administration of this academy must be vested in a director who is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be agreed upon by the council. The director must be hired by and responsible to the council. Basic and advance training must be provided at the training facility."
SECTION 14. Section 23-23-80 of the 1976 Code is amended to read:
"Section 23-23-80. The Director of the Criminal Justice Academy South Carolina Law Enforcement Training Council is authorized to:
(1) receive and disburse funds, including those hereinafter provided in this chapter;
(2) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;
(3) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(4) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;
(5) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(6) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the council;
(7) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(8) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis."
SECTION 15. Section 23-3-540(P) of the 1976 Code, as added by Act 346 of 2006, is amended to read:
"(P) As used in this section, 'active electronic monitoring device' means a mechanism an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and identifies records a person's location at least once every minute twenty-four hours a day and that timely records and reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. In areas of the State where cellular coverage requires the use of an alternate device, the Department of Probation, Parole and Pardon Services may use an alternate device."
SECTION 16. Section 23-3-430(F) and (G) of the 1976 Code are amended to read:
"(F) If an offender receives a pardon for the offense for which he was required to register, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.
(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:
(1) as provided by the provisions of subsection (E); or
(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and
(b) a verdict of acquittal is returned at the new trial or entered with the state's consent."
SECTION 17. Section 23-11-110(A)(5) of the 1976 Code is amended to read:
"(5) have:
(a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience as a certified law enforcement officer; or
(b) obtained a two-year associate degree and three years' experience as a certified law enforcement officer; or
(c) obtained a four-year baccalaureate degree and one year's experience as a certified law enforcement officer; or
(d) served as a summary court judge for at least ten years.
For purposes of this section, a 'certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-6-400(D)(1) 23-23-10(E)(1)."
SECTION 18. Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in illicit but consensual sexual conduct with another person who is at least fourteen years of age. In addition, mistake of age may be used as a defense."
SECTION 19. Section 23-23-90 of the 1976 Code, as added by Act 317 of 2006, is amended to read:
"Section 23-23-90. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under pursuant to it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:
(1) a law enforcement agency agencies, its their agents, employees, or representatives; and or
(2) the council law enforcement agencies, its their agents, employees, or representatives and the South Carolina Criminal Justice Academy or the Law Enforcement Training Council."
SECTION 20. Section 23-3-540(M) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:
"(M)(1) A person who completes his term of incarceration and the maximum term of probation, parole, or community supervision and who wilfully violates a term or condition of electronic monitoring, as ordered by the court or determined by the Department of Probation, Parole and Pardon Services is guilty of a felony and, upon conviction, must be sentenced in accordance with the provisions of Section 23-3-545.
(2) Notwithstanding the provisions of Section 24-21-290, information gathered by a probation agent pursuant to the provisions of Section 24-21-540 is admissible in a criminal prosecution."
SECTION 21. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 22. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 23. This act takes effect upon approval by the Governor. /
Amend title to conform.
Sen. C. Bradley Hutto Rep. G. Murrell Smith, Jr. Sen. John D. Hawkins Rep. Michael D. Thompson Sen. Kevin L. Bryant Rep. Leonidas E. Stavrinakis On Part of the Senate. On Part of the House.
Rep. G. M. SMITH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W. D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F. N. Smith, Talley, Young, Knight and Hodges: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
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.
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.
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 GUARDAIN AD LITEM PROGRAM.
The following Bill was taken up:
S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.
Reps. HAGOOD and HERBKERSMAN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20751SD08):
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. RUTHERFORD moved to adjourn debate on the Bill until Thursday, June 5, which was agreed to.
Rep. J. M. NEAL moved to adjourn debate upon the following Bill until Friday, June 6, which was adopted:
S. 297 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
Rep. SIMRILL moved to adjourn debate upon the following Bill, which was adopted:
S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up:
S. 1313 (Word version) -- Senators Knotts, Peeler, Williams, Elliott, Ford, Vaughn, Grooms, Malloy, Cromer, Bryant, Courson, Setzler, McConnell, Ceips, Ritchie, Cleary, Campsen, Short, McGill, Patterson, Reese, Ryberg, Fair, Thomas, Campbell, Anderson, Drummond, Pinckney, Jackson, Alexander, Leatherman, O'Dell, Lourie, Matthews, Martin, Rankin, Hayes and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-223 SO AS TO PROVIDE THAT A PERSON WHO THROUGH A BOND FOR TITLE, LEASE-PURCHASE AGREEMENT, CONTRACT FOR SALE, OR OTHER TYPE OF CONTRACTUAL AGREEMENT OWNS AN EQUITABLE INTEREST IN A PARCEL OF REAL PROPERTY, THE LEGAL TITLE TO WHICH REMAINS IN THE SELLER, WHICH THAT PERSON MAINTAINS AS HIS LEGAL RESIDENCE QUALIFIES FOR A FOUR PERCENT ASSESSMENT RATIO THEREON IF HE MEETS ALL OTHER REQUIREMENTS PROVIDED BY LAW FOR SUCH CLASSIFICATION INCLUDING A REQUIREMENT IN THE CONTRACTUAL AGREEMENT THAT HE IS RESPONSIBLE FOR THE REAL PROPERTY TAXES ON THE PROPERTY.
Reps. COTTY and EDGE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20741SD08), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (1) Section 12-37-3140 of the 1976 Code, as last amended by Act 57 of 2007, is further amended to read:
"Section 12-37-3140. (A)(1) For property tax years beginning after 2006, the fair market value of real property is its fair market value applicable for the later of:
(a) the base year, as defined in subsection (C) of this section;
(b) subject to the provisions of item (3) of this subsection, December thirty-first of the year in which an assessable transfer of interest has occurred;
(c) as determined on appeal; or
(d) as it may be adjusted as determined in a countywide reassessment program conducted pursuant to Section 12-43-217, but limited to increases in such value as provided in subsection (B) of this section.
(2) To the fair market value of real property as determined at the time provided in item (1) of this subsection, there must be added the fair market value of subsequent improvements and additions to the property.
(3) If a parcel of real property which has had no further improvement since the most recent countywide reassessment program was implemented undergoes an assessable transfer of interest, the implementation of the transfer value as determined pursuant to item (1)(b) of this section is postponed until the property tax year of implementation of the next countywide assessment program and that transfer value is the value to which the limit on increases in fair market value provided pursuant to subsection (B) of this section applies.
(B) Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 or as implemented pursuant to subsection (A)(3) of this section is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated separately on land and improvements. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they does the limit apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax.
(C) For purposes of determining a 'base year' fair market value pursuant to this section, the fair market value of real property is its appraised value applicable for property tax year 2007.
(D) Real property valued by the unit valuation concept is excluded from the limits provided pursuant to subsection (B) of this section.
(E) Value attributable to additions and improvements, and changes in value resulting from assessable transfers of interest occurring in a property tax year are first subject to property tax in the following tax year except as provided pursuant to subsection (A)(3) of this section and Section 12-37-670(B)."
(2) Section 12-37-3150(A)(8) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(8) a transfer of an ownership interest in a single transaction or as a part of a series of related transactions within a twenty-five year period in a corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity if the ownership interest conveyed is more than fifty percent of the corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. The corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity shall notify the applicable property tax assessor on a form provided by the Department of Revenue not more than forty-five days after a conveyance of an ownership interest that constitutes an assessable transfer of interest or transfer of ownership under this item. Failure to provide this notice or failure to provide accurate information on this notice subjects the property to a civil penalty of not less than one hundred nor more than one thousand dollars as determined by the assessor. This penalty is enforceable and collectible as property tax and is in addition to any other penalties that may apply;"
(3) A. Section 12-43-220(c) of the 1976 Code, as amended by Act 388 of 2006, is further amended by adding at the end:
"(8) Notwithstanding the provisions of subitem (1) of this item, residential real property held in trust does not qualify as a legal residence for purposes of this item unless a named individual beneficiary under the trust occupies the residence as that named beneficiary's legal residence and that individual beneficiary's name appears on the deed to the residential property.
(9) An application for the assessment ratio allowed by this item is not valid unless the application contains the social security number(s) of the owner-occupant(s) making the application or on whose behalf the application is made."
B. Subitems (8) and (9) of Section 12-43-220(c) of the 1976 Code, as added by subsection A of this subsection apply for first applications for the four percent assessment ratio for legal residence made for property tax years beginning after 2008.
(4) Section 40-60-35(A)(2) of the 1976 Code, as added by Act 257 of 2006, is amended to read:
"(2) For renewal of an active license or certification, assessors and other staff responsible for the assessment of property for ad valorem taxation purposes shall receive nine seven hours of instruction each year in the laws applicable to assessment for ad valorem taxation, methods of valuing property, administration of the assessor's office and records of the assessor's office, and other functions related to the assessor's office. This instruction shall be received from the Department of Revenue or other providers or courses approved by the Department of Revenue Labor, Licensing and Regulation. This instruction shall satisfy eighteen fourteen of the twenty-eight classroom hours required for renewal."
(5) Except as otherwise stated, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. J. E. SMITH raised the Point of Order that the Bill was out of order under Rule 9.3 in that the House could not attach a previously passed House Bill to a Senate Bill.
SPEAKER HARRELL stated that the Amendment was not a committee amendment and that the portion of Rule 9.3 that Rep. J. E. SMITH was referencing was inapplicable. He, therefore, overruled the Point of Order.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with property tax assessment ratios and property valuation and Amendment No. 1 related to the same subject matter. He, therefore, overruled the Point of Order.
Rep. COTTY spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19283MM08):
Amend the bill, as and if amended, Section 12-43-223(A) as found in SECTION 1, by deleting line 40 on page 1 and inserting:
/for the real property taxes on the property. A lease-purchase agreement must contain an option to purchase the subject property which has been validly exercised by the taxpayer claiming the legal residence assessment ratio. The legal residence assessment ratio applies in the tax year in which the option is exercised./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KIRSH moved to adjourn debate on the Bill, which was agreed to.
Rep. F. N. SMITH moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. LOWE 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:
S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".
Ordered for consideration tomorrow.
The following was introduced:
H. 5261 (Word version) -- Rep. Cooper: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WREN HIGH SCHOOL "LADY HURRICANES" SOFTBALL TEAM OF ANDERSON COUNTY ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was received:
Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Local Appointment
Georgetown County Master-in-Equity
Term Commencing: December 31, 2007
Term Expiring: December 31, 2013
Seat: Master-in-Equity
Vice: Benjamin Culbertson
Initial Appointment
Mr. Joe M. Crosby
222 Cannon Street
Georgetown, South Carolina 29490
Respectfully,
Mark Sanford
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Rep. TALLEY explained the Senate Amendments.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
Rep. G. M. SMITH moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Rep. G. M. SMITH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Bales Ballentine Bannister Barfield Battle Bedingfield Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clyburn Cooper Cotty Crawford Daning Dantzler Delleney Erickson Funderburk Gambrell