| Printed Page 3450, May 16 | Printed Page 3470, May 16 |

The following Bill was taken up.

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE

Rep. H. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5992HTC.95), which was adopted.

Amend the bill, as and if amended, in Section 12-6-550, as contained in SECTION 1, page 6, by inserting before the colon on line 29 /and Section 12-6-540/.

Amend further, Section 12-6-4910(2), as contained in Section 1, page 49, beginning on line 39, by striking /or subject to the license fee requirements of Chapter 20 of this title/.

Amend further, Section 12-6-4910, page 50, by striking lines 14 through 19 and inserting:

/(8) Every exempt organization operating in this State subject to tax under Section 12-6-540./

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6003HTC.95), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1217. A taxpayer is allowed a state individual income tax credit equal to fifteen percent of the purchase price of a vehicle which can be propelled primarily by an alternative fuel, or twenty-five percent of the installation and equipment costs of converting a vehicle so that it can be propelled primarily by an alternative fuel.

As used in this section `alternative fuel' means natural gas, liquefied petroleum gas, any fuel containing at least seventy percent ethanol, any fuel containing at least seventy percent methanol, and electricity."

B. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

(B) A corporation that purchases vehicles that can be propelled primarily by alternative fuels is allowed a credit against its corporate income tax liability an amount equal to fifteen percent of the purchase price of each vehicle. A corporation that converts existing petroleum-fueled vehicles to operate primarily on alternative fuels is allowed a credit against its corporate income tax liability an amount equal to twenty-five percent of the installation and equipment costs. The credits allowed by this section may not exceed seven thousand five hundred dollars an eligible vehicle purchased or converted in the tax year for which the tax credit is provided. An unused amount of the credit allowed under this section may be carried over for the next succeeding two years.

As used in this section `alternative fuel' means natural gas, liquefied petroleum gas, a fuel containing at least seventy percent ethanol, or a fuel containing at least seventy percent methanol, and electricity."

C. This section applies for taxable years beginning after 1995./

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. ROBINSON moved to adjourn debate upon the Bill, which was adopted.

The following Bill was taken up.

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2027DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 40 through 41, and inserting:

/(2) a description of each element of the compensation;

(3) the source of each element of the compensation; and

(4) the number of out-of-state students and the total number of students in each academic program."/

Amend totals and title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-70.(A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
(C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any a family or household member.
(D) If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:

(1) prior complaints of domestic or family violence;

(2) the relative severity of the injuries inflicted on each person;

(3) the likelihood of future injury to each person; and

(4) whether one of the persons acted in self-defense.

(H) A law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4024AC.95), which was adopted.

Amend the amendment, as and if amended, offered by Representative Martin, bearing document number
L:\Council\Legis\Amend\BBM\10291AC.95, Section 16-25-70, page 4, by deleting subsection (H), and inserting:

/(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness./

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4024AC.95), which was tabled.

Amend the amendment, as and if amended, offered by Representative Martin, bearing document number

/(H) In addition to the protections granted to the law enforcement officer and law enforcement agency under the South Carolina Tort Claims Act, a law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness./

Amend title to conform.

Rep. HARRISON moved to table the amendment, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

Rep. SPEARMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR

Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

Rep. CROMER moved to adjourn debate upon the following Bill, which was adopted.

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

The following Bill was taken up.

H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.

Rep. CANTY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21990SD.95), which was adopted.

Amend the bill, as and if amended, by striking Section 40-43-165 of the 1976 Code, as contained in SECTION 1, and inserting:

(1) the transfer is communicated directly between two pharmacists only at the request of the patient or the patient's representatives;

(2) the transferring pharmacist reduces any remaining refills by one and so marks the face of the prescription retained by him;

(3) the transferring pharmacist records the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription;

(4) the transferring pharmacist records the date of the transfer and the name of the pharmacist transferring the information;

(5) the transferring pharmacist records on the prescription transferred that the receiving pharmacist is authorized to dispense one refill based on the original prescription, if such is the case;

(6) the prescription is not for a controlled substance.

(B) The pharmacist receiving the transferred prescription information shall record in writing the following:

(1) The word `transfer' on the face of the transferred prescription.

(2) Any information required to be on a prescription, including:

(a) date of issuance of the original prescription;

(b) date and time of transfer;

(c) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;

(d) name of transferring pharmacist;

(e) manufacturer or brand of drug dispensed.

(C) The transferred prescription, as well as the original, must be maintained for the periods required by law.

(D) The pharmacist receiving the transferred prescription may dispense only one refill. The transferring pharmacist shall retain the original prescription and may continue to dispense refills up to the amount and for the period authorized less one refill allocated to the receiving pharmacist.

(E) The requirements of (A) and (B) of this section may be facilitated by use of a computer, data, or facsimile system.

(F) All records pertinent to this section shall be readily retrievable.

(G) The State Board of Pharmacy through the Department of Labor, Licensing, and Regulation shall promulgate regulations necessary to implement the provisions of this section."

SECTION 2. This act takes effect ninety days after approval by the Governor./

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