Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The plaintive plea of the prophet, Isaiah, resonates through the ages:
"Comfort, O comfort my people, says your God." (Isaiah 40:1)
Let us pray:
Today, O Lord, we pray for the needy in South Carolina, those whom these Senators also wish to represent meaningfully and faithfully. Our hearts go out to the disadvantaged, to the poor, to those with little or no access to healthcare. Let this Senate always focus upon the needs of all people as these leaders in this Senate strive to bring comfort and hope and a better way of life for everyone. O God, bless our troops; bless the people of this State themselves; bless those in our nation and around the globe who continue to wrestle with devastation from natural disasters. And, Lord, bring peace, bestow comfort, and give us hope. We pray this in your loving name, Lord.
Amen.
The following Bill was inadvertently omitted from the Journal of Wednesday, May 28, 2008:
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE.
The following entry was inadvertently omitted from the Journal of Wednesday May 28, 2008:
H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J.R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G.R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E.H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D.C. Smith, G.M. Smith, W.D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J.M. Neal, R. Brown and Whipper: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.
Senator SETZLER was substituted in lieu of Senator RYBERG on the Committee of Conference to H. 4662.
A message was sent to the House accordingly.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am vetoing and returning without my approval S. 1085, R-285, which requires the House and Senate legislative ethics committees to handle ethics complaints and administer sanctions involving their respective legislative staff.
(R285, S1085 (Word version)) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
This bill extends the current process of legislators enforcing ethics laws against fellow legislators to legislative staff. I believe this bill, as well as the current system of legislative law enforcement, is fundamentally flawed because it puts legislators in the very awkward position of having to police themselves and their staff on potential violations of ethics laws. The founding fathers were deliberate about the separation of powers because, at minimum, they knew it was difficult to be hard on someone who could hold the keys to your advancement and, at maximum, they recognized the potential for abuse. This process could easily create potential conflicts of interest because ethics committee members, who are investigating alleged misconduct of legislators and staff, are also working with other members and their staff on a daily basis during the session. Even with the most objective and principled of ethics committee members, it is difficult to avoid an appearance of a biased and predisposed enforcement system in the eyes of the general public, which I believe diminishes the integrity of the ethics process.
The State Ethics Commission handles ethics complaints and administers sanctions against all public officials and employees, except legislators. With the passage of S. 1085, this world grows to include their staff. This Commission is an independent body and its members are protected from being removed at the discretion of any governor. The General Assembly's purpose for creating a layer of independence and protection around the State Ethics Commission was to prevent improper influence or interference by any public official, including the governor, in an ethics matter and to avoid an appearance of impropriety.
I believe the General Assembly should apply the same principles it has applied to the Executive Branch to itself and create a more objective process for enforcing ethics laws against legislators and their staff.
For these reasons, I am vetoing and returning without my approval
S. 1085, R-285.
Sincerely,
/s/ Mark Sanford
(R285, S1085 (Word version)) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am vetoing and returning without my approval S. 1161, R-286.
(R286, S1161 (Word version)) -- Senator Williams: AN ACT TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
This veto is based on my belief that this bill is unconstitutional. S. 1161 allows funds from the Marion Court Library to be used for operating expenses of the Marion County court system. This legislation affects only Marion County and is, therefore, clearly an act for a specific county.
Such acts are in violation of Article VIII, Section 7, of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to this legislation have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I have vetoed S. 1161, R-286.
Sincerely,
/s/ Mark Sanford
(R286, S1161 (Word version)) -- Senator Williams: AN ACT TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
The veto of the Governor was taken up for immediate consideration.
Senator WILLIAMS moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator McCONNELL introduced Dr. John Raymond of Charleston, S.C., Doctor of the Day.
In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, and Senator DRUMMOND presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
10 Year Pin
Lila M. Cogdill
20 Year Pins
Cynthia C. Aiken
Paul Thomas Bell, Jr.
Claude R. McMillan, III
Dianne S. Mullis
Lawrence Paul Scott, III
John O. Wienges
30 Year Pin
DeAnne Raven Gray
James R. Melton
Joyce D. Reid
Melvin D. "Butch" Thompson, Jr.
Senator McCONNELL presented a certificate and service pin to the following Senators for their years of service:
10 Year Pins
George E. "Chip" Campsen, III
Joel B. Lourie
Daniel B. Verdin, III
20 Year Pins
John Yancey McGill
William H. O'Dell
Lewis R. Vaughn
30 Year Pin
Larry A. Martin
All were highly commended for their years of devoted and loyal service.
On motion of Senator PEELER, with unanimous consent, Senator SHORT was escorted to the podium by Senators McCONNELL and LAND upon the occasion of her retirement from the Senate.
Senators PEELER, LAND, McCONNELL, MALLOY and CEIPS addressed the Senate with remarks.
Senator SHORT addressed the Senate.
On behalf of Governor Mark Sanford, Senator McCONNELL. presented the Order of the Palmetto to Senator SHORT.
On motion of Senator PEELER, with unanimous consent, the remarks of Senator SHORT were ordered printed in the Journal.
H. 4552 (Word version) -- Reps. Harrison, M.A. Pitts, Kirsh, Jennings and McLeod: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.
Senator SHEHEEN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary.
Ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1436 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING ACADEMIC MAGNET HIGH SCHOOL IN NORTH CHARLESTON FOR BEING SELECTED BY NEWSWEEK AS SEVENTH BEST HIGH SCHOOL IN THE COUNTRY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1437 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF RICHLAND COUNTY SHERIFF LEON LOTT AND TO DECLARE SATURDAY, MAY 31, 2008, AS "LEON LOTT DAY" IN HOPKINS, SOUTH CAROLINA.
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On motion of Senator JACKSON, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1438 (Word version) -- Senators Setzler, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE RETURNING MEMBERS OF THE 218TH BRIGADE OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR SERVICE AND FOR THEIR MANY ACCOMPLISHMENTS AND HONORS IN AFGHANISTAN, AND TO WELCOME THEM HOME TO SOUTH CAROLINA.
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The Senate Resolution was adopted.
Senator SETZLER asked unanimous consent to make a motion to waive the provisions of Rule 35 as to the written request for guests being invited to the Senate Chamber.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Privilege of the Floor was extended to Brigadier General Robert E. Livingston, leader of and on behalf of the 218th Brigade serving in Afghanistan from February 2007 until their recent return. General Livingston was escorted to the podium by Adjutant General Stan Spears, Representative James Smith and Sergeant-at-Arms James Melton.
On motion of Senator SETZLER, with unanimous consent, General Livingston addressed the Senate with brief remarks.
General Livingston presented the Senate with a plaque in gratitude to the Senate for its unwaivering support of the 218th Brigade.
On motion of Senator PEELER, the remarks of General Livingston and Senator SETZLER were ordered printed in the Journal.
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.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1440 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE CHAUNCEY K. GREGORY, OF LANCASTER COUNTY, FOR HIS SIXTEEN YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE SENATE, UPON HIS RETIREMENT FROM THE SENATE, AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.
The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
H. 5186 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 261 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76/378 TO THE SUMTER/KERSHAW COUNTY LINE THE "MAJOR GENERAL GEORGE L. MABRY, JR. CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL GEORGE L. MABRY, JR. CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Senator LEVENTIS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator LEVENTIS, with unanimous consent, the Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5191 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO ESTABLISHING FEES, GUIDELINES FOR CONTINUING EDUCATION, AND REQUIREMENTS FOR LICENSURE AS A PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 5198 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS IN SPARTANBURG COUNTY AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND OLD FURNACE ROAD AND AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND INTERSTATE HIGHWAY 85 THAT CONTAIN THE WORDS "BOILING SPRINGS HOME OF THE BOILING SPRINGS HIGH SCHOOL BULLDOGS 2008 CLASS AAAA STATE BASEBALL CHAMPIONS".
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4372 (Word version) -- Rep. J.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 53, TITLE 59 SO AS TO ESTABLISH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4451 (Word version) -- Reps. Ballentine and Walker: A BILL TO AMEND SECTIONS 59-112-10, 59-113-20, AS AMENDED, 59-115-20, 59-149-20, 59-150-20, AND 59-150-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND QUALIFICATIONS TO RECEIVE STATE AID FOR EDUCATION, ALL SO AS TO REVISE DEFINITIONS TO EXCLUDE PERSONS WHO ARE NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ELIGIBILITY TO RECEIVE STATE AID FOR EDUCATION.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation polled out H. 4511 favorable:
H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.
Grooms Ryberg Land Leatherman McGill Elliott Rankin Hawkins Verdin Drummond Malloy Short Pinckney Campsen Cleary Scott Ceips
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E.H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4833 (Word version) -- Reps. Cooper, Funderburk, Loftis, Hodges and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT" TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEB SITE DEDICATED TO PROGRAM INITIATIVES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
Ordered for consideration tomorrow.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 968 (Word version) -- Senators McGill, O'Dell, Williams and Knotts: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
(R319, H3028 (Word version)) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT HISTORICAL DOCUMENTS AND EDUCATIONAL AND INFORMATIONAL MATERIAL REGARDING THE HISTORY AND BACKGROUND OF AMERICAN LAW MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
(R322, H3723 (Word version)) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
(R325, H4229 (Word version)) -- Rep. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE ELECTRONIC FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS; TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 14-7-130, AS AMENDED, RELATING TO THE PREPARATION OF JURY LISTS OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE ELECTRONIC FILE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO COUNTY JURY COMMISSIONERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
(R327, H4400 (Word version)) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E.H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J.R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G.M. Smith, G.R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT; TO AMEND SECTION 1-31-40, RELATING TO DUTIES OF THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO REQUIRE THE COMMISSION TO ESTABLISH AND MAINTAIN A HOTLINE FOR REPORTING IMMIGRATION VIOLATIONS; TO ADD CHAPTER 14 TO TITLE 8 SO AS TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR USE CERTAIN DOCUMENTS TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM OR OTHERWISE VERIFY EMPLOYEES, TO DEFINE TERMS, TO ESTABLISH DEADLINES FOR COMPLIANCE BY PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO ADD SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, A COUNTY SHERIFF, OR THE GOVERNING BODY OF A MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO ADD CHAPTER 29 TO TITLE 8 SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT IS UNLAWFUL FOR A STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD CHAPTER 30 TO TITLE 8 SO AS TO ESTABLISH A DATABASE AND HOTLINE FOR REPORTING ALLEGATIONS OF VIOLATIONS OF ANY LAW BY A NONRESIDENT; TO ADD SECTION 12-6-1175 SO AS TO PROHIBIT WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE EACH YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION AND TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SEVEN PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PRODUCE A TAXPAYER IDENTIFICATION NUMBER, OR A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PRODUCED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460 SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE A PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, PROVIDE PENALTIES FOR A CONVICTION FOR THAT CRIME, AND PROVIDE EXEMPTIONS; TO ADD SECTION 16-13-525 SO AS TO PROVIDE FOR DISGORGEMENT OF ILLEGALLY RECEIVED BENEFITS AND FOR PERSONAL LIABILITY FOR IDENTITY THEFT IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; TO ADD SECTION 23-3-1100 SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE THE VERIFICATION WITHIN SEVENTY-TWO HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 41-1-30 SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHOM THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND PROVIDE EXEMPTIONS; TO ADD CHAPTER 83 TO TITLE 40 SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, PROVIDE DEFINITIONS, LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE "NOTARY PUBLIC", OR "IMMIGRATION CONSULTANT", OR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO STATE GRAND JURY JURISDICTION, SO AS TO INCLUDE CASES INVOLVING ILLEGAL ACTS IN FURTHERANCE OF UNLAWFUL PRESENCE IN THE STATE; TO ADD SECTION 16-23-530 SO AS TO MAKE IT UNLAWFUL FOR ONE UNLAWFULLY PRESENT TO POSSESS OR TRANSFER A FIREARM; TO AMEND SECTION 17-15-30, AS AMENDED, RELATING TO CONDITIONS FOR GRANTING RELEASE, SO AS TO INCLUDE CONSIDERATION BY THE COURT OF UNLAWFUL PRESENCE IN THIS STATE WHEN GRANTING BOND; TO ADD SECTION 59-101-430 SO AS TO PROHIBIT A PERSON NOT LAWFULLY IN THIS STATE FROM ATTENDING, OR RECEIVING FINANCIAL AID TO ATTEND, A PUBLIC INSTITUTION OF HIGHER LEARNING; TO ADD SECTION 6-1-170 SO AS TO PREEMPT LOCAL LAWS IN CONNECTION WITH UNLAWFUL PRESENCE IN THIS STATE; AND TO ADD CHAPTER 8 TO TITLE 41 SO AS TO REQUIRE PRIVATE EMPLOYERS IN THIS STATE TO VERIFY THE LAWFUL PRESENCE OF THEIR EMPLOYEES, TO PROVIDE FOR LICENSING AND INVESTIGATION BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION AND ENFORCEMENT BY THE DEPARTMENT, TO REQUIRE ASSISTANCE AND ACCESS FOR EMPLOYERS FROM THE EMPLOYMENT SECURITY COMMISSION, AND TO PROVIDE FOR ADMINISTRATIVE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
(R331, H4713 (Word version)) -- Rep. White: AN ACT TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO FIVE YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS, AND TO FURTHER PROVIDE FOR OTHER QUALIFICATION REQUIREMENTS OF THE SECTION AS TO WHEN THE VETERAN WAS REQUIRED TO BE A RESIDENT OF THIS STATE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5001 (Word version) -- Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1058 (Word version) -- Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4921 (Word version) -- Reps. Moss, M.A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1427 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REYNOLDS WILLIAMS AS THE FIRST CHAIRMAN OF THE RETIREMENT SYSTEMS INVESTMENT COMMISSION FOR HIS OUTSTANDING ORGANIZATION, LEADERSHIP, AND SUCCESS IN DIVERSIFYING THE STATE'S PENSION INVESTMENT PORTFOLIOS.
Returned with concurrence.
Received as information.
S. 1428 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND KENNETH L. SMITH, SR., OF ORANGEBURG COUNTY, FOR HIS DEDICATED SERVICE TO PINEVILLE AND ST. STEPHENS UNITED METHODIST CHURCHES.
Returned with concurrence.
Received as information.
S. 1420 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NEW SOUTH CAROLINA HIGHWAY 215 SECTION AROUND ROEBUCK THE "L. E. GABLE MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "L. E. GABLE MEMORIAL HIGHWAY."
Returned with concurrence.
Received as information.
S. 1403 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER WHICH FORMS THE BOUNDARY FOR CHESTERFIELD AND LANCASTER COUNTIES ALONG SOUTH CAROLINA HIGHWAY 9 THE "JUDGE PAUL M. BURCH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JUDGE PAUL M. BURCH BRIDGE".
Returned with concurrence.
Received as information.
S. 1436 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING ACADEMIC MAGNET HIGH SCHOOL IN NORTH CHARLESTON FOR BEING SELECTED BY NEWSWEEK AS SEVENTH BEST HIGH SCHOOL IN THE COUNTRY.
Returned with concurrence.
Received as information.
S. 1437 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS OF RICHLAND COUNTY SHERIFF LEON LOTT AND TO DECLARE SATURDAY, MAY 31, 2008, AS "LEON LOTT DAY" IN HOPKINS, SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4982 (Word version) -- Rep. Hayes: A BILL TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.
By prior motion of Senator ELLIOTT
H. 4448 (Word version) -- Reps. Bales, Ballentine, Bingham, Brady, Cotty, Frye, Haley, Harrison, Hart, Howard, Huggins, McLeod, J.H. Neal, Ott, E.H. Pitts, Rutherford, Scott, Spires, J.E. Smith and Toole: A BILL TO AMEND SECTION 55-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF OFFICERS OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO PROVIDE THAT THE CHAIRMANSHIP MUST BE ROTATED AMONG THE THREE PUBLIC MEMBER ENTITIES REPRESENTED ON THE COMMISSION AND THAT THE FREQUENCY OF A MEMBER OF EACH ENTITY SERVING AS CHAIRMAN MUST BE BASED UPON THE PERCENTAGE THAT EACH PUBLIC BODY'S MEMBERSHIP ON THE COMMISSION IS TO THE TOTAL MEMBERSHIP OF THE COMMISSION.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.
H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F.N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J.R. Smith, Stavrinakis, Toole, Whipper and Weeks: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.
H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN proposed the following Amendment No. 1 (JUD4745.002), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 1 through 4 and inserting therein the following:
/ to a life estate or greater, expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interest, and who owns, at the date of the petition required by Section 6-35-118, at least an undivided one-tenth interest in a /
Amend the bill further, as and if amended, page 6, by striking lines 11 through 15 and inserting therein the following:
/ Section 6-35-90. The owner may include within a proposed district improvements that have been constructed or are under construction at the time of the establishment of the district.
Section 6-35-95. The owner or developer of the real property in a/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Having voted on the prevailing side, Senator THOMAS moved to reconsider the vote whereby the Bill was given a third reading.
The motion was adopted and third reading was reconsidered.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3975 (Word version) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.
H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.
H. 4340 (Word version) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: A BILL TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION.
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.
Senator O'DELL explained the Bill.
H. 4773 (Word version) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS, INFORMATION TECHNOLOGY UPGRADES AND EQUIPMENT FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.
S. 1426 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 784 OF 1954, AS AMENDED, RELATING TO THE BEAUFORT-JASPER COUNTY WATER AUTHORITY, SO AS TO REAFFIRM THE ACTION OF THE GENERAL ASSEMBLY IN ESTABLISHING THE COMPOSITION OF THE AUTHORITY AND TO PROHIBIT THE COUNTIES OF BEAUFORT AND JASPER FROM CHANGING THE COMPOSITION OF THE AUTHORITY.
H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.
H. 3323 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A TRANSACTION FEE FOR THE TRANSMISSION OR RETRIEVAL OF DATA FROM THE DEPARTMENT PURSUANT TO THIS SECTION, SO AS TO PROVIDE THAT IF THERE ARE ONE OR MORE LIENS OR ENCUMBRANCES ON A MOTOR VEHICLE OR MOBILE HOME, THE DEPARTMENT MAY ELECTRONICALLY TRANSMIT THE LIEN TO THE FIRST LIENHOLDER AND NOTIFY THE FIRST LIENHOLDER OF ANY ADDITIONAL LIENS, AND LIEN SATISFACTIONS, TO PROVIDE WHEN ELECTRONIC TRANSMISSION OF LIENS AND LIEN SATISFACTIONS IS USED, A CERTIFICATE OF TITLE MAY BE ISSUED WHEN THE LAST LIEN IS SATISFIED AND A CLEAR CERTIFICATE IS ISSUED, TO PROVIDE THAT WHEN A MOTOR VEHICLE OR MOBILE HOME IS SUBJECT TO AN ELECTRONIC LIEN, ITS CERTIFICATE OF TITLE IS PHYSICALLY HELD BY THE LIENHOLDER, TO PROVIDE THAT A CERTIFIED COPY OF AN ELECTRONIC RECORD OF A LIEN IS ADMISSIBLE IN COURT AS EVIDENCE OF THE EXISTENCE OF A LIEN, AND TO PROVIDE THAT A TRANSACTION FEE MAY BE COLLECTED BY COMMERCIAL PARTIES AND LENDERS WHO TRANSMIT OR RETRIEVE DATA PURSUANT TO THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (3323R001.LKG), which was adopted
Amend the bill, as and if amended, on page 2, by striking line 11 and inserting:
/ Department of Motor Vehicles shall transmit, electronically or by paper certificate, the lien /
Amend the bill further, as and if amended, on page 2, by striking line 41 and inserting:
/ to exceed a fee of five dollars for each transaction which must be/
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator PATTERSON, with unanimous consent, H. 3323 was ordered to receive a third reading on Friday, May 30, 2008.
H. 4847 (Word version) -- Reps. Cotty, Brady and J.E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (SWB\ 5585CM08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (4355R001.WHO), which was adopted:
Amend the bill, as and if amended, by adding 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. Upon a majority vote of the county's governing body and upon referendum approval, unprepared food items eligible for purchase with United States Department of Agriculture food coupons may be exempted 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. Upon a majority vote of the county's governing body and upon referendum approval, unprepared food items eligible for purchase with United States Department of Agriculture food coupons may be exempted 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. Upon a majority vote of the county's governing body and upon referendum approval, unprepared food items eligible for purchase with United States Department of Agriculture food coupons may be exempted 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 Upon a majority vote of the county's governing body and upon referendum approval, unprepared food items eligible for purchase with United States Department of Agriculture food stamps coupons may be exempted 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. Section 4-10-330(C) of the 1976 Code is amended to read:
"(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in effect on or before June 1, 2002 2008, and in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. However, a referendum to reimpose an existing tax as permitted above may only be held once whether or not the referendum is held on a general election day or at another time. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law."
SECTION 7. Section 4-10-330(A)(1) of the 1976 Code, as last amended by Act 292 of 2004, is further amended to read:
"(A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county governing body containing the ballot question formulated by the commission pursuant to subsection 4-10-320(C), subject to referendum approval in the county. The ordinance must specify:
(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:
(a) highways, roads, streets, bridges, and public parking garages and related facilities;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) beach access and beach renourishment;
(g) acquisition of interests in real property, including the purchase of development rights, for economic development, conservation, blight remediation, or military base protection;
(g)(h) jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (f) (g)of this item; or
(h)(i) any combination of the projects described in subitems (a) through (g) (h) of this item;"
SECTION 8. Section 6-1-760 of the 1976 Code is amended to read:
"Section 6-1-760. Notwithstanding any provision of this article, any ordinance enacted by county or municipality prior to March 15, 1997, imposing an accommodations fee which does not exceed the three percent maximum cumulative rate prescribed in Section 6-1-540, is calculated upon a base consistent with Section 6-1-510(1), and the revenue from which is used for the purposes enumerated in Section 6-1-530, remains authorized and effective after the effective date of this section. and the enacting Any county or municipality is authorized to issue bonds, pursuant to Article X, Section 14(10) of the Constitution of this State, utilizing the procedures of Section 4-29-68, Section 6-17-10 et seq., or Section 6-21-10 et seq., for the purposes enumerated in Section 6-1-530, to pledge as security for such bonds and to retire such debt using bonds with the proceeds of such an accommodations fee ordinance accommodations fees imposed under Article 5 of this chapter, hospitality fees imposed under this chapter, state accommodations fees allocated pursuant to Section 6-4-10(1), (2), and (4), or any combination thereof, and the pledge of such other non-tax revenues as may be available for those purposes. Fees allocated pursuant to Section 6-4-10(3) must be allocated to a special fund and used only for advertising and promotion of tourism to develop and increase tourist attendance through the generation of publicity, and not used to pledge as security for bonds and to retire bonds."
SECTION 9. Section 6-4-10(3) of the 1976 Code is amended to read:
"(3) Thirty percent of the balance must be allocated to a special fund and used only for advertising and promotion of tourism to develop and increase tourist attendance through the generation of publicity. To manage and direct the expenditure of these tourism promotion funds, the municipality or county shall select one or more organizations, such as a chamber of commerce, visitor and convention bureau, or regional tourism commission, which has an existing, ongoing tourist promotion program. If no organization exists, the municipality or county shall create an organization with the same membership standard in Section 6-4-25. To be eligible for selection the organization must be organized as a nonprofit organization and shall demonstrate to the municipality or county that it has an existing, ongoing tourism promotion program or that it can develop an effective tourism promotion program. Immediately upon an allocation to the special fund, a municipality or county shall distribute the tourism promotion funds to the organizations selected or created to receive them. Before the beginning of each fiscal year, an organization receiving funds from the accommodations tax from a municipality or county shall submit for approval a budget of planned expenditures. At the end of each fiscal year, an organization receiving funds shall render an accounting of the expenditure to the municipality or county which distributed them. Fees allocated pursuant to this subsection must not be used to pledge as security for bonds and to retire bonds."
SECTION 10. 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.
Senator O'DELL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (4815R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-30-25 of the 1976 Code is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) Department of Commerce, including the South Carolina Film Commission, except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible. Existing divisions or components of the Department of Commerce formerly a part of the State Development Board excluding the South Carolina Film Commission; and
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.
SECTION 2. Section 1-30-80 of the 1976 Code is amended to read:
"Section 1-30-80. (A) Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.
(B) Effective July 1, 2008, the South Carolina Film Commission of the Department of Commerce is transferred to the Department of Parks, Recreation and Tourism and becomes a separate division of the Department of Parks, Recreation and Tourism.
(2) The South Carolina Film Commission as established in this section as a division of the Department of Parks, Recreation and Tourism and transferred to it shall ensure that funds made available to film projects through the film commission are budgeted and spent so as to further the following objectives:
(a) stimulation of economic activity to develop the potentialities of the State;
(b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(d) promotion and correlation of state and local activity in planning public works projects;
(e) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(i) enhancement of the general welfare of the people; and
(j) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
SECTION 3. (A) Where the provisions of this act transfer the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism, the employees, authorized appropriations, and assets and liabilities of the South Carolina Film Commission are also transferred to and become part of the Department of Parks, Recreation and Tourism. All classified or unclassified personnel employed by the South Carolina Film Commission on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Parks, Recreation and Tourism, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.
(B) Regulations promulgated by the South Carolina Film Commission are continued and are considered to be promulgated by the Film Commission as a division of the Department of Parks, Recreation and Tourism.
(C) The Code Commissioner is directed to change or correct all references to the South Carolina Film Commission to reflect its transfer to the Department of Parks, Recreation and Tourism. References to the name of the South Carolina Film Commission in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references.
SECTION 4. This act takes effect July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the committee amendment.
The committee amendment was adopted.
Senator McGILL proposed the following amendment (4815R003.JYM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 62, Title 12 of the 1976 Code is amended to read:
SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT
Section 12-62-10. This chapter may be cited as the "South Carolina Motion Picture Incentive Act".
Section 12-62-20. For purposes of this chapter:
(1) "Company" means a corporation, partnership, limited liability company, or other business entity.
(2) "Department" means the South Carolina Department of Commerce Department of Parks, Recreation, and Tourism.
(3) "Motion picture" means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term "motion picture" does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.
(4) "Motion picture production company" means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. "Motion picture production company" does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.
(5) "Payroll" means salary, wages, or other compensation subject to South Carolina income tax withholdings.
(6) "Secretary" "Director" means the Secretary of the Department of Commerce Director of the Department of Parks, Recreation, and Tourism, or his designee.
Section 12-62-30. A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state and local sales and use taxes administered and collected by the Department of Revenue on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic events is specifically excluded from the provisions of this chapter.
Section 12-62-40. (A) A motion picture production company that intends to film all or parts of a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the secretary director.
(3) Once the application is approved by the secretary director, the Department of Revenue shall issue a sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary director.
(D) A motion picture production company that is approved and receives a sales and use tax exemption certificate but fails to expend two hundred fifty thousand dollars within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture.
Section 12-62-50. (A)(1) The South Carolina Film Commission may rebate to a motion picture production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate may not exceed fifteen percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebates in total may not annually exceed ten million dollars and shall come from the state's general fund. For purposes of this Section, "total aggregate payroll" does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(2)(a) For purposes of this Section, an employee is an individual directly involved in the filming or post-production of a motion picture in South Carolina and who is an employee of a:
(i)motion picture production company that is directly involved in the filming or post-production of a motion picture in South Carolina; or
(ii) personal service corporation retained by a motion picture production company to provide persons used directly in the filming or post-production of a motion picture in South Carolina; or
(iii) payroll services or loan out company that is retained by a motion picture production company to provide employees who work directly in the filming or post-production of a motion picture in South Carolina.
(b) For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding withheld and remitted to the Department of Revenue by a company described in item (2)(a).
(3) The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming in South Carolina, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company.
(B)(1) The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming in South Carolina in connection with the motion picture. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming in South Carolina is complete. The motion picture production company must provide the information the department considers necessary to determine if the one million dollar expenditure requirement has been met.
(2) A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes due and owing the State at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State, the motion picture production company is permanently barred from claiming the rebate.
(3) The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(C) A motion picture production company claiming a rebate pursuant to this Section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production company claiming the rebate, at the time of filing, must provide a report to both the commission and the department that includes the project's name, the name of each employee that worked on the motion picture, the social security number for each employee, the dates employed, the dates the employee worked on the motion picture, a job description for each employee, the total gross wages for each employee, the South Carolina taxable wages subject to withholding for each employee, the amount of rebate attributable to that employee, and other information considered necessary by the commission or the department. The report also must contain the total amount of withholding attributable to all employees that worked on the motion picture in South Carolina.
(D) For purposes of this Section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.
Section 12-62-55. At the time the motion picture production company is certified by the department, it may make, with the approval of the coordinating council, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 to a designated trustee. For purposes of this chapter, "designated trustee" means the single financier or financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The qualifying motion picture production company must file an application for the assignment with the secretary director no later than thirty days after filming begins in South Carolina.
Section 12-62-60. (A)(1) An amount equal to twenty-six percent of the general fund portion of admissions tax collected by the State of South Carolina for the previous fiscal year must be funded annually by September first to the department for the exclusive use of the South Carolina Film Commission. The department may rebate to a motion picture production company up to fifteen percent of the expenditures made by the motion picture production company in the State if the motion picture production company has a minimum in-state expenditure of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by the State.
(2) This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(B) Up to seven percent of the amount provided to the department in subsection (A) may be used exclusively for marketing and special events.
(C) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development department. The Coordinating Council for Economic Development department may adopt rules and promulgate regulations for the application for and award of the rebate.
(D) One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this Section. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(E) The department shall report annually to the coordinating council Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee on the use of all funds pursuant to this Section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.
Section 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture. A property may be used for a total of only twenty-one days without location or facility fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the motion picture production company. State-owned or political subdivision- owned properties also may recoup a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. State- owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property' s normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: "Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act", except that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.
Section 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (3008R002.RWH):
Amend the bill, as and if amended, by deleting SECTIONS 2 through 7.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
At 12:31 P.M., on motion of Senator PEELER, the Senate receded from business until 1:30 P.M.
The Senate reassembled at 1:41 P.M. and was called to order by the PRESIDENT.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SHORT asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator SHORT proposed the following amendment (MS\ 7681AHB08):
Amend the bill, as and if amended, by