South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives


Printed Page 1870 . . . . . Wednesday, March 17, 2004

Wednesday, March 17, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Matthew 11:28: "Come to Me, all you that are weary and carrying heavy burdens, and I will give you rest."
Let us pray. Lord, help the work of this body bring joy and blessings to others. May we put service to others before self. Provide these women and men with wisdom, courage and integrity to do Your will in the work they have been elected to do. Bless our State and Nation and continue to give our leaders strength to govern. Hold our defenders of freedom in Your loving arms. Hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BALES moved that when the House adjourns, it adjourn in memory of George Goodwin of Lower Richland, father of Debra Brooks in the Clerk's office, which was agreed to.

R. 218, H. 4415--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 16, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4415 (Word version), R.218, an Act:


Printed Page 1871 . . . . . Wednesday, March 17, 2004

TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.

I am vetoing this Act based on my belief in the benefits of term limits for public offices. Term limits are an effective way to bring new people and perspectives into a debate, whether it is to a higher education board or one of the many other boards and commissions that direct the agencies and policies of this State.

This Act runs contrary to that idea, and for this reason, I am returning H. 4415, R.218 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 216, H. 3900--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 16, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3900 (Word version), R.216, an Act:

TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE


Printed Page 1872 . . . . . Wednesday, March 17, 2004

EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.

This Act appropriates the proceeds of bonds authorized pursuant to the South Carolina Research University Infrastructure Act and the Economic Development Bond Act provided for in S. 560, R.212. This Act is a companion to S. 560, R.212.

For the reasons I have set forth in the veto message for S. 560, R.212, I am vetoing this Bill.

Sincerely,
Mark Sanford
Governor

INVITATION

On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:

Dec. 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Beach Music Association International the Members and staff of the House of Representatives are invited to South Carolina Beach Music Day. This event will be held on Tuesday, April 27, 2004. A luncheon featuring Beach Music and Brown's Bar-B-Que will be held on the State House Grounds beginning at 12:30 p.m. A reception will be held that evening from 8:00 p.m. until 10:00 p.m. at the Clarion Town House Hotel.
Sincerely,
John J. "Bubber" Snow


Printed Page 1873 . . . . . Wednesday, March 17, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 4962 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JUDY WOLK, OF CHARLESTON FOR HER SELECTION AND SERVICE AS NATIONAL PRESIDENT OF THE REAL ESTATE EDUCATORS ASSOCIATION AND HER SERVICE TO THE NATIONAL ASSOCIATION OF REALTORS, THE SOUTH CAROLINA ASSOCIATION OF REALTORS, AND THE CHARLESTON TRIDENT ASSOCIATION OF REALTORS AND TO ACKNOWLEDGE JUNE 22, 2004, AS "JUDY WOLK AND THE REAL ESTATE EDUCATORS ASSOCIATION APPRECIATION DAY".

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4963 (Word version) -- Reps. Harrell and Mack: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE


Printed Page 1874 . . . . . Wednesday, March 17, 2004

MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
Referred to Committee on Ways and Means

H. 4964 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO INCREASE THE FINE FOR A FIRST OFFENSE; TO AMEND SECTION 56-1-460, AS AMENDED, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITH A CANCELLED, SUSPENDED, OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE FINE FOR A FIRST AND SECOND OFFENSE; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE OPERATING RECORD OF A LICENSED DRIVER TO DETERMINE WHETHER THE DRIVER IS QUALIFIED TO RETAIN A DRIVER'S LICENSE, SO AS TO REVISE THE OFFENSE OF DRIVING TOO FAST FOR CONDITIONS OR SPEEDING BY CREATING ADDITIONAL VIOLATIONS AND POINTS RELATING TO THIS OFFENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO INCREASE THE PENALTIES FOR THIS OFFENSE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE MAXIMUM SPEED LIMITS ALLOWED ON THE STATE'S HIGHWAYS, SO AS TO INCREASE THE PENALTIES FOR VIOLATING THE SPEED LIMITS ESTABLISHED BY THIS SECTION; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN HIGHWAY WORK ZONES, SO AS TO REVISE THE PENALTIES FOR A VIOLATION OF THIS OFFENSE, AND TO REVISE THE CONTENTS OF THE SIGN THAT IS POSTED AT THE BEGINNING OF AN ACTIVE HIGHWAY WORK ZONE THAT INDICATES THE PENALTIES FOR VIOLATING A PROVISION CONTAINED IN THIS SECTION; AND TO AMEND SECTION 56-5-2920, RELATING TO THE OFFENSE OF RECKLESS DRIVING, SO AS TO INCREASE THE PENALTIES FOR A VIOLATION OF THIS OFFENSE.
Referred to Committee on Judiciary


Printed Page 1875 . . . . . Wednesday, March 17, 2004

H. 4965 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. FREEMAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 4966 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE ANDREWS HIGH SCHOOL "YELLOW JACKETS" VARSITY GIRLS' BASKETBALL TEAM ON THEIR WINNING SEASON AND BECOMING THE RUNNER-UP IN THE STATE AA CHAMPIONSHIP GAME.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon

Printed Page 1876 . . . . . Wednesday, March 17, 2004

Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 17.

Karl Allen                        Bill Cotty
Tracy Edge                        Edward H. "Ted" Pitts
James Merrill                     Becky Martin
Harry Stille                      Denny Neilson
Thad Viers                        Catherine Ceips
William Clyburn                   G. Murrell Smith
Vida Miller                       H.B. "Chip" Limehouse
Douglas Jennings                  Jerry Govan
G.R. Smith                        Grady Brown
Todd Rutherford                   Ralph Davenport
Alex Harvin                       Thomas Rhoad
Olin Phillips                     Richard Quinn

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a temporary leave of absence to attend a funeral.


Printed Page 1877 . . . . . Wednesday, March 17, 2004

LEAVE OF ABSENCE

The SPEAKER granted Rep. COTTY a temporary leave of absence to speak at the Association of Counties Mid-Year Conference in Columbia.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EMORY a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 16.

DOCTOR OF THE DAY

Announcement was made that Dr. Steve Ross of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. CHELLIS presented to the House the Summerville High School "Green Wave" Boys Swim Team, the 2003 Class AAAA Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. CHELLIS presented to the House the Summerville High School "Green Wave" Wrestling Team, the 2003 Class AAAA Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. CHELLIS presented to the House the Summerville High School "Green Wave" Girls Cross Country Team, the 2003 Class AAAA Champions, their coach and other school officals.

SPECIAL PRESENTATION

Rep. LEE presented to the House Stephen Davis of the Carolina Panthers Football Team.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member


Printed Page 1878 . . . . . Wednesday, March 17, 2004

presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/17/04   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/17/04   CHELLIS

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/17/04   CLARK

CO-SPONSOR ADDED

Bill Number:   H. 4657 (Word version)
Date:   ADD:
03/17/04   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4291 (Word version)
Date:   ADD:
03/17/04   TROTTER


Printed Page 1879 . . . . . Wednesday, March 17, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4783 (Word version)
Date:   ADD:
03/17/04   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 4903 (Word version)
Date:   ADD:
03/17/04   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 3360 (Word version)
Date:   ADD:
03/17/04   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 4765 (Word version)
Date:   ADD:
03/17/04   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 4271 (Word version)
Date:   ADD:
03/17/04   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/17/04   BINGHAM

CO-SPONSOR REMOVED

Bill Number:   H. 3689 (Word version)
Date:   REMOVE:
03/17/04   HAMILTON

CO-SPONSOR REMOVED

Bill Number:   H. 3689 (Word version)
Date:   REMOVE:
03/17/04   LOFTIS


Printed Page 1880 . . . . . Wednesday, March 17, 2004

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 4917 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4923 (Word version) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4165 (Word version) -- Reps. Lourie, J. E. Smith and Rivers: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE BOARD OF EDUCATION, SO AS TO ADD A NONVOTING MEMBER TO BE APPOINTED BY THE GOVERNOR TO REPRESENT THE MILITARY COMMUNITY.


Printed Page 1881 . . . . . Wednesday, March 17, 2004

H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.

H. 4884 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4886 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2879, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4887 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.


Printed Page 1882 . . . . . Wednesday, March 17, 2004

H. 4922 (Word version) -- Reps. McGee, Branham, J. Hines, M. Hines, Lucas, Coates and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.

H. 4937 (Word version) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4942 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON


Printed Page 1883 . . . . . Wednesday, March 17, 2004

FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4960 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4961 (Word version) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.

H. 4958--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, April 1, which was adopted:

H. 4958 (Word version) -- Reps. Richardson and Kirsh: A BILL TO PROVIDE THAT SCHOOL DISTRICTS ONE THROUGH FOUR OF YORK COUNTY MAY NOT EXCEED THE CAP SET FOR MILLAGE ALLOWED TO BE ESTABLISHED TO COMPLY WITH THE MAINTENANCE OF LOCAL EFFORT REQUIREMENT PURSUANT TO THE EDUCATION FINANCE ACT.


Printed Page 1884 . . . . . Wednesday, March 17, 2004

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

S. 966--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Ways and Means:

S. 966 (Word version) -- Medical Affairs Committee: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.


Printed Page 1885 . . . . . Wednesday, March 17, 2004

H. 4878--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 4878 (Word version) -- Reps. Kirsh and Cato: A BILL TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE.

R. 199, S. 481--GOVERNOR'S VETO -- DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. KENNEDY moved to adjourn debate on the veto, which was agreed to.

R. 209, H. 4702--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A


Printed Page 1886 . . . . . Wednesday, March 17, 2004

CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. KENNEDY moved to adjourn debate on the veto, which was agreed to.

H. 4642--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E. H. Pitts, Rice, Richardson, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4548 (Word version) -- Reps. Duncan and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-1215 SO AS TO PROVIDE THAT THE


Printed Page 1887 . . . . . Wednesday, March 17, 2004

DEPARTMENT OF NATURAL RESOURCES, BASED ON A SUFFICIENT SHOWING AFTER NOTICE AND IN THE MANNER REQUIRED BY THIS ARTICLE, SHALL SUSPEND FOR TWO YEARS THE HUNTING PRIVILEGES AND LICENSE, IF ANY, OF A PERSON WHO ACCIDENTALLY OR INTENTIONALLY SHOOTS LIVESTOCK WHILE HUNTING DEER, AND TO PROVIDE THAT BEFORE THE SUSPENSION PERIOD MAY BE LIFTED, THE OFFENDER SUCCESSFULLY SHALL COMPLETE A HUNTER EDUCATION CLASS OR COURSE APPROVED BY THE DEPARTMENT EDUCATING THE OFFENDER ON THE PROPER USE OF WEAPONS, GAME IDENTIFICATION, AND SAFETY.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. J. BROWN.

H. 4271--DEBATE ADJOURNED

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

H. 4271 (Word version) -- Reps. Townsend, Thompson, Cooper, Harrell, Martin, Toole, Altman, Stille, Clemmons, Whipper, White and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.


Printed Page 1888 . . . . . Wednesday, March 17, 2004

H. 3689--DEBATE ADJOURNED

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

H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Hosey, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Phillips, Snow, Bowers, Koon, Frye, Altman, Coates, Coleman, Herbkersman, Haskins, Harrison, Hagood, Freeman, Edge, Cobb-Hunter, Clark, G. Brown, Sinclair, Sheheen, Scarborough, Pinson, Perry, Owens, Richardson, Martin, Lucas, Witherspoon, Whipper, Townsend, W. D. Smith, Lourie, Kirsh, Cato, Ceips, McGee, Rice, Delleney, Harrell, Vaughn, Trotter, Tripp, J. R. Smith, J. E. Smith, Scott, Sandifer, Limehouse, Littlejohn, Bailey, Harvin, Toole, Thompson, G. R. Smith, F. N. Smith, Rhoad, E. H. Pitts, Kennedy, Leach, Clemmons and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SKELTON a leave of absence for the remainder of the day due to medical reasons.

H. 3957--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3957 (Word version) -- Reps. Sandifer, Harrison, Delleney, Talley, Whitmire, Hagood and Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1889 . . . . . Wednesday, March 17, 2004

RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12220AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 14-25-15(A) of the 1976 Code, as amended by Act 394 of 2000, is further amended to read:

"(A)   Each municipal judge shall must be appointed by the council to serve for a term set by the council of not less than two years and not to exceed more than four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council."
SECTION   2.   This act takes effect upon approval by the Governor and applies to municipal judges appointed on or after this act's effective date./
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 92; Nays 0

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Dantzler               Delleney               Duncan
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins

Printed Page 1890 . . . . . Wednesday, March 17, 2004

Jennings               Keegan                 Kennedy
Kirsh                  Leach                  Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Richardson             Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Viers                  Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon

Total--92

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber when this vote was taken. I would have voted in favor of the Bill.

Rep. Robert Walker

H. 4081--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4081 (Word version) -- Reps. Edge, Clemmons and Bailey: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO


Printed Page 1891 . . . . . Wednesday, March 17, 2004

AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

Rep. BINGHAM proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21082SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 29-5-21 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 29-5-21.   (A)   A surveyor who surveys real estate by virtue of an agreement with the owner of such real estate shall be considered to have furnished material for the improvement of real estate within the meaning of Section 29-5-20.

(B)   An engineer, architect, or landscape architect, who, by virtue of an agreement with the owner, performs or provides professional services for which he is licensed under Title 40 for the improvement of real estate, has furnished labor or material for the improvement of real estate within the meaning of Section 29-5-20.

(C)(1)   Except as provided in this subsection, a real estate broker who, by virtue of a written agreement with the owner, performs professional services for which he is licensed under Title 40 incident to marketing, developing, or improving commercial real estate preparatory to or as part of a commercial real estate lease or rental transaction involving the commercial real estate, has furnished labor or material for the improvement of commercial real estate within the meaning of Section 29-5-20.

(2)   A real estate broker shall not acquire a lien under this subsection unless:

(a)   the owner of the commercial real estate or the owner's authorized agent lists the commercial real estate with the broker under the terms of a written agreement to lease an interest in the commercial real estate; and


Printed Page 1892 . . . . . Wednesday, March 17, 2004

(b)   the broker or the broker's affiliated sales associate provides licensed services that result, during the term of a written agreement described in item (1) of this subsection, in the procuring of a person or entity that rents or leases the commercial real estate or rents or leases an interest in the commercial real estate upon terms contained in a written agreement described in item (1) of this subsection.

(3)   A real estate broker shall not acquire a lien under this subsection upon residential real estate.

(D)   A lien or claim giving rise to a lien of an engineer, architect, landscape architect, real estate broker, or land surveyor on public land or a public improvement is governed by this title. /
Renumber sections to conform.
Amend title to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Breeland
G. Brown               J. Brown               Cato
Ceips                  Clark                  Clemmons
Clyburn                Coates                 Cooper
Dantzler               Delleney               Duncan
Freeman                Frye                   Gilham
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Leach
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Owens

Printed Page 1893 . . . . . Wednesday, March 17, 2004

Phillips               Pinson                 E. H. Pitts
Rice                   Richardson             Rutherford
Sandifer               Scarborough            Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon

Total--90

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber when this vote was taken. I would have voted in favor of the Bill.

Rep. Robert Walker

H. 4657--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M. A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Bingham, Chellis, E. H. Pitts, Sandifer, G. M. Smith, Talley, Viers, Whitmire, Toole, G. R. Smith, Simrill, Rice, Owens, Hagood and Clark: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A


Printed Page 1894 . . . . . Wednesday, March 17, 2004

LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.

The Judiciary Committee proposed the following Amendment No. 17 (Doc Name COUNCIL\PT\1898SJ04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 20-1-15 of the 1976 Code, as added by Act 327 of 1996, is amended to read:

"Section 20-1-15.   (A)   A marriage Any attempted or putative union between persons of the same sex is void ab initio and against the public policy of this State.

(B)   Public acts, records, judicial proceedings, licenses issued by another jurisdiction in contravention of subsection (A), or any other governmental recognition are of no legal force or effect, void ab initio, and will not be recognized by this State or its political subdivisions in accordance with the strong public policy of South Carolina.

(C)   Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman."
SECTION   2.   Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-17.   (A)   The recognition or extension by this State or its political subdivisions of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this State and its political subdivisions. Any public act, record, or judicial proceeding of this State or its political subdivisions that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in this subsection may be construed to:


Printed Page 1895 . . . . . Wednesday, March 17, 2004

(1)   prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons;

(2)   affect the validity of private agreements that are otherwise valid under the laws of this State.

(B)   any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this State that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes must be considered and treated in all respects as having no legal force or effect in this State or its political subdivisions and must not be recognized by this State or its political subdivisions."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 1.

JOINT ASSEMBLY

At 11:30 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF EASTER SEALS REPRESENTATIVES
The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 1050 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 17, 2004, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF


Printed Page 1896 . . . . . Wednesday, March 17, 2004

EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 17, 2004, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents, and members of their party entered the Chamber.

The PRESIDENT of the Senate then recognized Senator Giese who addressed the Joint Assembly as follows:

"Thank you very much. Easter Seals of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 53rd annual 'B.A.C.-Coffee Day for People with Special Needs' in South Carolina on Good Friday, April 9, 2004. Under the statewide leadership of Ellis Jackson, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Major Mark Keel, President of the South Carolina Law Enforcement Officers Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers' Association; Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association; and David Miller, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in creating solutions for their challenges. 'B.A.C.' buttons go on sale today, Wednesday, March 17, 2004. The 'B.A.C.' project and all other programs of the Easter Seals South Carolina deserve the support, merit, and praise of all citizens of the State. Therefore, be it resolved by the Senate, the House of Representatives concurring: today, that Wednesday, March 17, 2004, is designated 'Creating Solutions for Disabilities Day' in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant Association, be presented to the General Assembly in Joint Session. The General Assembly extends to the Easter Seals South Carolina and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with special needs."


Printed Page 1897 . . . . . Wednesday, March 17, 2004

Senators Leatherman and McGill and Representative M. HINES escorted Antoine Brown, son of Michelle Brown of Florence.

Senator Hayes and Representative RICHARDSON escorted Zachary Taylor Kemp, son of David and Kimberly Gmuca-Kemp of Fort Mill.

Senator Hayes and Representative RICHARDSON escorted Braden Elizabeth Smith, daughter of Sharon and Chip Smith of Rock Hill.

Senator Jackson and Representative BALES escorted Cassandra Stone, daughter of Linda and Robert Stone of Hopkins.

Representative LOURIE escorted Jason Harmon, son of Amanda Harmon of Elgin.

Senator Hutto and Representative HOSEY escorted Nicholas Eichman, son of Brian and Susan Eichman of Barnwell.

Representatives LUCAS and NEILSON escorted Destiny Smith, daughter of Roger and Dee Dee Smith of Hartsville.

Senator Reese and Representatives TALLEY and SINCLAIR escorted Kristin Kyle, daughter of William and Susan Kyle of Moore.

Senator Waldrep and Representative TOWNSEND recognized Welton and Mary Bratcher of Honea Path who were not able to attend.

Senator Patterson and Representative LOURIE escorted Harrriet Lowe of White Rock and who is the daughter of the late Rose M. Lowe.

Upon the conclusion of the presentation, the State Easter Seals Representatives and their escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.


Printed Page 1898 . . . . . Wednesday, March 17, 2004

THE HOUSE RESUMES

At 12:00 noon the House resumed, the SPEAKER in the Chair.

H. 4657--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

H. 4657 (Word version) -- Reps. Haskins, Pinson, Duncan, Vaughn, Altman, Dantzler, Davenport, Hamilton, Leach, M. A. Pitts, Taylor, Walker, Wilkins, Young, Mahaffey, Coates, Bingham, Chellis, E. H. Pitts, Sandifer, G. M. Smith, Talley, Viers, Whitmire, Toole, G. R. Smith, Simrill, Rice, Owens, Hagood and Clark: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.

The Judiciary Committee proposed the following Amendment No. 17 (Doc Name COUNCIL\PT\1898SJ04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 20-1-15 of the 1976 Code, as added by Act 327 of 1996, is amended to read:

"Section 20-1-15.   (A)   A marriage Any attempted or putative union between persons of the same sex is void ab initio and against the public policy of this State.


Printed Page 1899 . . . . . Wednesday, March 17, 2004

(B)   Public acts, records, judicial proceedings, licenses issued by another jurisdiction in contravention of subsection (A), or any other governmental recognition are of no legal force or effect, void ab initio, and will not be recognized by this State or its political subdivisions in accordance with the strong public policy of South Carolina.

(C)   Marriage in this State and its political subdivisions is exclusively defined as a union between one man and one woman."
SECTION   2.   Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-17.   (A)   The recognition or extension by this State or its political subdivisions of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this State and its political subdivisions. Any public act, record, or judicial proceeding of this State or its political subdivisions that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in this subsection may be construed to:

(1)   prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons;

(2)   affect the validity of private agreements that are otherwise valid under the laws of this State.

(B)   any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this State that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes must be considered and treated in all respects as having no legal force or effect in this State or its political subdivisions and must not be recognized by this State or its political subdivisions ."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. JENNINGS spoke against the amendment.

Rep. JENNINGS moved to divide the question.


Printed Page 1900 . . . . . Wednesday, March 17, 2004

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 23; Nays 86

Those who voted in the affirmative are:

Allen                  Branham                Breeland
R. Brown               Clyburn                Cobb-Hunter
Freeman                Harvin                 J. Hines
M. Hines               Jennings               Kennedy
Lloyd                  Mack                   Miller
Moody-Lawrence         J. H. Neal             Parks
Rutherford             Scott                  J. E. Smith
Weeks                  Whipper

Total--23

Those who voted in the negative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                G. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Neilson
Ott                    Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor

Printed Page 1901 . . . . . Wednesday, March 17, 2004

Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--86

So, the House refused to divide the question.

Rep. HARRISON moved cloture on the entire matter, which was agreed to.

The question then recurred to the adoption of the amendment.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 101; Nays 7

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Govan                  Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Ott                    Owens                  Perry

Printed Page 1902 . . . . . Wednesday, March 17, 2004

Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Simrill                Sinclair
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--101

Those who voted in the negative are:

Breeland               Cobb-Hunter            Kennedy
Lloyd                  Mack                   Moody-Lawrence
Rutherford

Total--7

So, the amendment was adopted.

Rep. RUTHERFORD proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10087SJ04), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 20-1-15 of the 1976 Code, as added by Act 327 of 1996, is amended to read:

/"Section 20-1-15.   A marriage between persons of the same sex is void ab initio and against the public policy of this State. (A)(1)   'Civil union' means that two eligible people have established a relationship pursuant to this chapter and may receive the benefits and protections and be subject to the responsibilities of a spouse.

(2)   'Marriage' means the legally recognized union of one man and one woman.

(B)   For a civil union to be established in this State each party must;

(1)   not be a party to another civil union or a marriage;


Printed Page 1903 . . . . . Wednesday, March 17, 2004

(2)   be of the same sex; and

(3)   meet all other criteria set out in this chapter.

(C)(1)   A woman may not enter a civil union with her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister, or mother's sister.

(2)   A man may not enter a civil union with his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother, or mother's brother.

(3)   An attempted civil union that violates item (1) or (2) is void ad initio.

(D)(1)   Parties to a civil union shall enjoy the same benefits, protections, and responsibilities under law, whether derived from statute, administrative or court rule, policy, common law, or another source of civil law, as are enjoyed by spouses in a marriage.

(2)   A party to a civil union must be included in a definition or use of the terms 'spouse', 'family', 'immediate family', 'dependent', 'next of kin', 'husband', and 'wife'.

(3)   Parties to a civil union are subject to the same obligations to support one another as is required of a marriage.

(4)   This chapter shall apply to civil unions as it does to a marriage for purposes of divorce, annulment, child custody, support, property division, and maintenance.

(5)   This State shall extend the same statutory benefits to parties of civil unions as are extended to spouses in a marriage."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. ALTMAN moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 94; Nays 18

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates

Printed Page 1904 . . . . . Wednesday, March 17, 2004

Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                J. M. Neal
Neilson                Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--94

Those who voted in the negative are:

Allen                  Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Hosey                  Jennings               Kennedy
Lloyd                  Mack                   Miller
Moody-Lawrence         Parks                  Rutherford
Scott                  J. E. Smith            Whipper

Total--18

So, the amendment was tabled.


Printed Page 1905 . . . . . Wednesday, March 17, 2004

Rep. WHIPPER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5931CM04), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/SECTION   __.   Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:

"Section 20-1-110.   A common law marriage in this State must not be recognized on and after January 1, 2006, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2005."
SECTION   __.   Section 20-1-360 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. ALTMAN raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. J. E. SMITH argued that the amendment was germane to the Bill.
Rep. SCOTT argued that the amendment was germane to the Bill.
SPEAKER WILKINS stated that the Bill and amendment both concerned the issue of marriage and what constituted a marriage. He stated the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. WHIPPER explained the amendment.

Rep. MCGEE spoke against the amendment.

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

Rep. RUTHERFORD spoke against the Bill.
Rep. MCGEE spoke in favor of the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 103; Nays 7


Printed Page 1906 . . . . . Wednesday, March 17, 2004

Those who voted in the affirmative are:
Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Branham
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Freeman                Frye
Gilham                 Govan                  Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Scott
Simrill                Sinclair               D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--103


Printed Page 1907 . . . . . Wednesday, March 17, 2004

Those who voted in the negative are:
Breeland               Cobb-Hunter            Kennedy
Lloyd                  Mack                   Rutherford
J. E. Smith

Total--7

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

STATEMENT FOR THE JOURNAL

I believe as my faith tells me that marriage is between a man and a woman. This State has established by statute three separate times that marriage is between a man and a woman. However, H. 4657 goes beyond simply defining marriage. H. 4657 denies rights currently given to South Carolinians and takes away access to benefits currently provided by municipalities and county governments to same sex partners in this State. Private industry employers routinely grant these benefits, including 64 percent of Fortune 500 companies.

Further, the portion of this amendment that would deny benefits granted by counties or municipalities tramples upon the principles established by the long-standing doctrine of "home rule." These are decisions which should be left to those counties and municipalities to make on their own and not be dictated by the State. I cannot support that portion of this Bill that would relegate many citizens of our State to a second-class status.

Rep. James E. Smith, Jr.

Rep. Douglas Jennings, Jr.

Rep. Joseph H. Neal

Rep. John L. Scott, Jr.

Rep. Kenneth Kennedy

Rep. Todd Rutherford

Rep. MCGEE moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.


Printed Page 1908 . . . . . Wednesday, March 17, 2004

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 4765--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4765 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Quinn, Townsend, Witherspoon, Leach, Viers, Koon, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, J. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Keegan, Kirsh, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, Merrill, Neilson, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Richardson, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, White, Whitmire, Young and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22491HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-515 as contained in SECTION 1 and inserting:
/   Section 12-6-515.   (A)   Notwithstanding the rates of taxes imposed pursuant to Section 12-6-510, beginning with taxes due for the 2005 taxable year and continuing each taxable year thereafter, the then applicable top marginal rate of income tax imposed by that section is


Printed Page 1909 . . . . . Wednesday, March 17, 2004

reduced by .225 until the top marginal rate of income tax attains a permanent rate of 4.75 percent. The department shall make the necessary adjustments to the rates and the brackets otherwise applicable pursuant to Section 12-6-510.

(B)   Notwithstanding the scheduled reductions in the top marginal income tax rate provided in subsection (A) of this section, beginning with the top marginal rate applicable for taxable year 2006, the reduction otherwise scheduled must not be made for that taxable year if estimated general fund revenue growth as established in the February fifteenth revenue forecast of the Board of Economic Advisors is less than two percent of the most recent estimate by the board of general fund revenues for the current fiscal year. No reduction in the top marginal rate made pursuant to this section may exceed .225 for any one taxable year. /
Renumber sections to conform.
Amend title to conform.

Rep. VAUGHN explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\21084SD04), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515(B) by adding at the end of the subsection:
/   In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the Board of Economic Advisors certifies that sufficient general fund revenues for the fiscal year immediately following the reduction will remain available for the General Assembly in the annual General Appropriations Act for that year to maintain Medicaid funding at the level of the previous year. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BROWN a temporary leave of absence.


Printed Page 1910 . . . . . Wednesday, March 17, 2004

Rep. W. D. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

Rep. VAUGHN moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 81; Nays 31

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Ott                    Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Wilkins                Witherspoon            Young

Total--81


Printed Page 1911 . . . . . Wednesday, March 17, 2004

Those who voted in the negative are:
Allen                  Bales                  Bowers
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Emory
Freeman                Govan                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Parks                  Rutherford
J. E. Smith            Snow                   Weeks
Whipper

Total--31

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\21086SD04), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515(B) by adding at the end of the subsection:
/   In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the Board of Economic Advisors certifies that sufficient general fund revenues for the fiscal year immediately following the reduction will remain available for the General Assembly in the annual General Appropriations Act for that year to maintain law enforcement funding at the level of the previous year. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. VAUGHN moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 77; Nays 27


Printed Page 1912 . . . . . Wednesday, March 17, 2004

Those who voted in the affirmative are:
Altman                 Anthony                Bailey
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Hamilton               Harrell                Harrison
Harvin                 Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Wilkins
Witherspoon            Young

Total--77

Those who voted in the negative are:

Allen                  Bales                  Bowers
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal

Printed Page 1913 . . . . . Wednesday, March 17, 2004

Parks                  Rutherford             J. E. Smith
Snow                   Weeks                  Whipper

Total--27

So, the amendment was tabled.

Reps. J. E. SMITH and HARRELL proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\21085SD04), which was adopted:
Amend the bill, as and if amended, in Section 12-6-515(B) by adding at the end of the subsection:
/   In addition, no reductions in the income tax rates provided for in this section for any taxable year may occur unless the Board of Economic Advisors certifies that sufficient general fund revenues for the fiscal year immediately following the reduction will remain available for the General Assembly in the annual General Appropriations Act for that year to maintain K-12 education funding at the level of the previous year. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. OTT proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\22542HTC04), which was tabled:
Amend the bill, as and if amended, in Section 12-6-515(B), page 4765-2, line 6, by striking / 2006 / and inserting / 2005 /.
Amend further by striking SECTION 2 and inserting:
/ SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. YOUNG moved to table the amendment.

Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 42


Printed Page 1914 . . . . . Wednesday, March 17, 2004

Those who voted in the affirmative are:
Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Gilham                 Hagood
Hamilton               Harrell                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 Merrill                Owens
Perry                  Phillips               Pinson
E. H. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Duncan
Emory                  Freeman                Frye
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  M. A. Pitts            Rhoad

Printed Page 1915 . . . . . Wednesday, March 17, 2004

Rutherford             J. E. Smith            Snow
Thompson               Weeks                  Whipper

Total--42

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21087SD04), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/   SECTION____.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3335.   Beginning with year 2005, a taxpayer who qualifies for a federal earned income tax credit in any year is also entitled to a refundable South Carolina earned income tax credit for that year equal to five percent of the federal credit." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. J.E. SMITH argued that the amendment was germane to the Bill.
SPEAKER WILKINS stated that the Bill and amendment both concerned the issue of reducing individual income tax payments. He stated the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. J. E. SMITH continued speaking.

Rep. VAUGHN moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 36


Printed Page 1916 . . . . . Wednesday, March 17, 2004

Those who voted in the affirmative are:
Altman                 Bailey                 Barfield
Battle                 Bingham                Bowers
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McCraw                 Merrill                Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Wilkins
Witherspoon            Young

Total--74

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               J. Brown
R. Brown               Clyburn                Coates
Cobb-Hunter            Coleman                Freeman
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lloyd
Lourie                 Mack                   McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott

Printed Page 1917 . . . . . Wednesday, March 17, 2004

Parks                  Rutherford             J. E. Smith
Snow                   Weeks                  Whipper

Total--36

So, the amendment was tabled.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 86; Nays 24

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Cato                   Ceips                  Chellis
Clark                  Clyburn                Coates
Coleman                Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Freeman                Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Miller                 Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker

Printed Page 1918 . . . . . Wednesday, March 17, 2004

Weeks                  White                  Wilkins
Witherspoon            Young

Total--86

Those who voted in the negative are:

Allen                  Breeland               J. Brown
R. Brown               Cobb-Hunter            Emory
Govan                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Lourie
Mack                   McLeod                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Rutherford             J. E. Smith            Whipper

Total--24

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

RECORD FOR VOTING

I was in the Senate Chamber with my Senators discussing legislation and missed the vote on H. 4765. I would have voted for the Bill.

Rep. Thad Viers

RECORD FOR VOTING

I was temporarily out of the Chamber for a doctor's appointment and missed the vote on H. 4765. I would have voted against the Bill.

Rep. John L. Scott

RECORD FOR VOTING

I had to be absent when the vote was taken on H. 4765. I would have voted in favor of the Bill.

Rep. William R. Whitmire

RECURRENCE TO THE MORNING HOUR

Rep. LOURIE moved that the House recur to the Morning Hour, which was agreed to.


Printed Page 1919 . . . . . Wednesday, March 17, 2004

REPORTS OF STANDING COMMITTEES

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO


Printed Page 1920 . . . . . Wednesday, March 17, 2004

TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS


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PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".
Ordered for consideration tomorrow.

Rep. PARKS, from the McCormick Delegation, submitted a favorable report on:

S. 998 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995 BY ADDING A NEW PARAGRAPH TO SECTION 1 REQUIRING THE EXECUTIVE DIRECTOR OF THE COUNTY BOARD OF ELECTION, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVES MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4967 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION EXPRESSING THE COLLECTIVE GRIEF AND ANGUISH OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA TO THE PEOPLE OF SPAIN, AND ESPECIALLY MADRID, WHO SUFFERED LOSS IN THE AFTERMATH OF THE APPALLING BOMBINGS ON MARCH 11, 2004, EXPRESSING THE BELIEF THAT THE PERPETRATORS OF THESE BOMBINGS BE SWIFTLY BROUGHT TO JUSTICE, AND PLEDGING OUR PRAYERS AND OUR SUPPORT IN THIS HORRIFIC TIME IN THEIR COUNTRY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


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INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4968 (Word version) -- Reps. Limehouse, Harrell, J. E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS, AUTHORIZATION OF THE FORMATION OF A SOUTH CAROLINA FILM FOUNDATION TO SOLICIT DONATIONS FOR THE RECRUITMENT OF MOTION PICTURE PRODUCTIONS TO THIS STATE, AND FUNDING FROM A PORTION OF THE ADMISSIONS TAX COLLECTED BY THE STATE TO SUPPORT THE FUNCTIONS OF THE SOUTH CAROLINA FILM COMMISSION IN THESE EFFORTS AND TO PROVIDE FOR PROMOTION OF COLLABORATIVE EFFORTS BETWEEN STATE INSTITUTIONS OF HIGHER LEARNING AND MOTION PICTURE RELATED ENTITIES; TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3560 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE INCOME TAX TO ENCOURAGE THE PRODUCTION OF TELEVISED COMMERCIAL ADVERTISEMENTS IN THIS STATE, AND BY ADDING SECTION 12-6-3570 SO AS TO PROVIDE FOR CREDITS AGAINST THE STATE INCOME TAX FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A MOTION PICTURE PROJECT OR IN THE CONSTRUCTION, CONVERSION, AND EQUIPPING OF A MOTION PICTURE PRODUCTION OR POST-PRODUCTION FACILITY IN THIS STATE; TO AMEND SECTION 12-36-920, RELATING TO THE ACCOMMODATIONS TAX, SO AS TO PROVIDE RELIEF FROM THE PAYMENT OF THE TAX BY A MOTION PICTURE PRODUCTION COMPANY


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PRODUCING A MOTION PICTURE IN SOUTH CAROLINA; TO AMEND SECTION 12-36-110, RELATING TO "SALE AT RETAIL" FOR PURPOSES OF THE STATE'S SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO A PURCHASE MADE IN CONNECTION WITH THE CERTIFIED PRODUCTION OF A MOTION PICTURE; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE "SOUTH CAROLINA FILM COMMISSION" FOR "SOUTH CAROLINA FILM OFFICE".
Referred to Committee on Ways and Means

H. 4969 (Word version) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. TALLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4970 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT NO. 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. M. A. PITTS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge and Rice: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS


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OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
Referred to Committee on Ways and Means

H. 4972 (Word version) -- Reps. Rice, Govan, McGee, G. M. Smith, Kennedy, Herbkersman, Harvin, Koon, Clemmons, Limehouse, Coates, J. H. Neal, Trotter, Snow, Branham, J. R. Smith, Stille, McCraw, Neilson, J. Hines, Gilham, Battle, Jennings, Clyburn, Cooper, Thompson, Bailey, Littlejohn, D. C. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 BY ENACTING THE "SOUTH CAROLINA EQUINE INDUSTRY PROMOTION ACT" INCLUDING PROVISIONS TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED, TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE DERIVED FROM THESE ASSESSMENTS MUST BE USED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4973 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2931 SO AS TO CREATE THE OFFENSE OF DRIVING WHILE SERIOUSLY INTOXICATED AND TO PROVIDE PENALTIES; BY ADDING SECTION 56-5-2932 SO AS TO CREATE THE OFFENSE OF DRIVING WHILE GROSSLY INTOXICATED AND TO PROVIDE PENALTIES; BY ADDING SECTION 56-5-2956 SO AS TO REQUIRE BLOOD AND URINE TESTING OF AN OPERATOR OF A MOTOR VEHICLE SUSPECTED TO BE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WHEN THERE IS AN ACCIDENT RESULTING IN DEATH OR SERIOUS BODILY INJURY; TO AMEND SECTION 24-13-100, AS AMENDED, RELATING TO THE DEFINITION OF A NO PAROLE OFFENSE, SO AS TO ADD THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE CAUSING GREAT BODILY INJURY AS A NO PAROLE OFFENSE; TO AMEND SECTION 56-5-2934, AS AMENDED, RELATING TO THE RIGHT TO COMPULSORY PROCESS AND SECTION 56-5-2935, RELATING TO THE RIGHT


Printed Page 1925 . . . . . Wednesday, March 17, 2004

TO A JURY TRIAL OF A PERSON CHARGED WITH A DRIVING UNDER THE INFLUENCE OFFENSE, BOTH SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE OFFENSES OF DRIVING UNDER THE INFLUENCE AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO INCREASE THE PENALTY FOR A SECOND OFFENSE FROM FIVE TO TEN DAYS AND FOR A THIRD OFFENSE FROM SIXTY DAYS TO SIX MONTHS; TO AMEND SECTION 56-5-2941, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES AND SECTION 56-5-2942, RELATING TO VEHICLE IMMOBILIZATION, BOTH SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2947, AS AMENDED, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED, DRIVING WHILE GROSSLY INTOXICATED, AND DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS AND INFERENCE OF DRIVING UNDER THE INFLUENCE, SO AS TO CHANGE THE PROVISION REQUIRING WRITTEN NOTICE OF A DRIVER'S LICENSE SUSPENSION FOR FAILURE TO SUBMIT TO TESTING TO REFLECT A SUSPENSION OF ONE YEAR RATHER THAN NINETY DAYS, TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED, TO PROVIDE A PERSON IS INFERRED TO BE UNDER THE INFLUENCE OF ALCOHOL IF THE ALCOHOL CONCENTRATION IS EIGHT ONE HUNDREDTHS OF ONE PERCENT TO TWELVE ONE HUNDREDTHS OF ONE PERCENT, TO PROVIDE A PERSON IS INFERRED TO BE SERIOUSLY INTOXICATED IF THE ALCOHOL CONCENTRATION IS THIRTEEN ONE HUNDREDTHS OF ONE PERCENT TO EIGHTEEN ONE HUNDREDTHS OF ONE PERCENT, AND TO PROVIDE A PERSON IS INFERRED TO BE GROSSLY INTOXICATED IF THE ALCOHOL CONCENTRATION IS NINETEEN ONE HUNDREDTHS OF ONE PERCENT OR MORE; TO AMEND

Printed Page 1926 . . . . . Wednesday, March 17, 2004

SECTION 56-5-2951, AS AMENDED, RELATING TO SUSPENSION FOR REFUSAL TO SUBMIT TO TESTING, SO AS TO INCREASE THE REQUIRED SUSPENSION FROM NINETY DAYS TO ONE YEAR, TO INCREASE THE SUSPENSION FROM ONE HUNDRED EIGHTY DAYS TO ONE YEAR IF THE PERSON'S LICENSE WAS PREVIOUSLY SUSPENDED FOR A DRIVING UNDER THE INFLUENCE OFFENSE WITHIN THE LAST TEN YEARS, AND TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO INCIDENT SITE AND BREATH SITE VIDEOTAPING, SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED AND DRIVING WHILE GROSSLY INTOXICATED; AND TO AMEND SECTION 56-5-2970, RELATING TO REPORTS OF CONVICTIONS FOR DRIVING UNDER THE INFLUENCE OFFENSES, SECTION 56-5-2980, RELATING TO COPIES OF REPORTS AS PRIMA FACIE EVIDENCE IN A TRIAL WHEN A PERSON IS CHARGED WITH A DRIVING UNDER THE INFLUENCE OFFENSE, SECTION 56-5-2990, RELATING TO SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE, AND SECTION 56-5-2995, RELATING TO AN ADDITIONAL ASSESSMENT ON PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, ALL AS AMENDED, ALL SO AS TO INCLUDE THE OFFENSES OF DRIVING WHILE SERIOUSLY INTOXICATED, DRIVING WHILE GROSSLY INTOXICATED, AND CAUSING GREAT BODILY INJURY OR DEATH WHILE OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
Referred to Committee on Judiciary

H. 4974 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2006, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO


Printed Page 1927 . . . . . Wednesday, March 17, 2004

MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2004 TO 2006 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2006, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
Referred to Committee on Labor, Commerce and Industry

H. 4975 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 132 SO AS TO PROHIBIT PHYSICIANS AND OTHER SPECIFIED HEALTHCARE PROFESSIONALS FROM SOLICITING PAYMENT FOR OUTPATIENT ANATOMIC PATHOLOGY OR CYTOLOGY SERVICES UNLESS THE SERVICE WAS PERSONALLY RENDERED BY THAT PHYSICIAN OR HEALTHCARE PROVIDER AND TO PROVIDE EXCEPTIONS AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry

H. 4976 (Word version) -- Reps. Harrell, Richardson, Mack, Young and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4977 (Word version) -- Reps. Townsend, Stille, J. M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS, SO AS TO EXCLUDE AN INDIVIDUAL WHO IS A HOPE SCHOLARSHIP RECIPIENT FROM THE DEFINITION OF "STUDENT".
Referred to Committee on Education and Public Works

H. 4978 (Word version) -- Reps. Townsend, Stille, J. M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360,


Printed Page 1928 . . . . . Wednesday, March 17, 2004

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
Referred to Committee on Education and Public Works

H. 4979 (Word version) -- Reps. Talley, Quinn, Whipper, G. M. Smith, Sinclair, Thompson, Pinson, Coleman, Harrison, J. R. Smith, Skelton, Cato, W. D. Smith, Toole, Govan, Anthony, Battle, Bingham, J. Brown, Coates, Cobb-Hunter, Cooper, Davenport, Delleney, Duncan, Edge, Gilham, Harrell, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, Ott, Owens, Phillips, M. A. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, G. R. Smith, J. E. Smith, Snow, Stille, Taylor, Townsend, Tripp, Walker, White and Wilkins: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.
Referred to Committee on Ways and Means

H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF


Printed Page 1929 . . . . . Wednesday, March 17, 2004

THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4982 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4983 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2876, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

CONCURRENT RESOLUTION

The following was introduced:

H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A


Printed Page 1930 . . . . . Wednesday, March 17, 2004

JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:

H. 4985 (Word version) -- Reps. Jennings, Neilson and Freeman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THESE WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the winners of the 2004 Jean Laney Harris Folk Heritage Awards and the advisory Committee on Wednesday, April 21, 2004, at 12:00 noon, or a time to be determined by the Speaker, for the purpose of recognizing and congratulating these winners for their outstanding contributions to Folk Art in South Carolina.

The Resolution was adopted.


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S. 979--RECALLED FROM SUMTER DELEGATION

On motion of Rep. SCARBOROUGH, with unanimous consent, the following Bill was ordered recalled from the Committee on Sumter Delegation:

S. 979 (Word version) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: A BILL TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.

H. 4869--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW


Printed Page 1932 . . . . . Wednesday, March 17, 2004

ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE

Printed Page 1933 . . . . . Wednesday, March 17, 2004

VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".

R. 199, S. 481--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 1; Nays 0

Those who voted in the affirmative are:

Harvin

Total--1

Those who voted in the negative are:

Total--0


Printed Page 1934 . . . . . Wednesday, March 17, 2004

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

R. 100, S. 481-- GOVERNOR'S VETO--RECONSIDERED AND DEBATE ADJOURNED

Rep. HARVIN moved to reconsider the vote whereby the Veto on the following Act was overridden, which was agreed to:

(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. HARVIN moved to adjourn debate on the Veto until Tuesday, April 13, which was agreed to.

R. 209, H. 4702--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. HARVIN moved to adjourn debate on the Veto until Tuesday, April 13, which was agreed to.

H. 4642--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan,


Printed Page 1935 . . . . . Wednesday, March 17, 2004

Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E. H. Pitts, Rice, Richardson, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7226AHB04), which was adopted:
Amend the bill, as and if amended, by deleting Section 53-3-165(B) , as contained in SECTION 2, page 2, beginning on line 14, and inserting:
/ (B)   Flags atop state and local public buildings must be flown at half-staff at least until noon on 'POW/MIA Recognition Day'. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRELL.


Printed Page 1936 . . . . . Wednesday, March 17, 2004

H. 4271--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4271 (Word version) -- Reps. Townsend, Thompson, Cooper, Harrell, Martin, Toole, Altman, Stille, Clemmons, Whipper, White and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22459HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 12-37-223, as contained in SECTION 1, and striking Section 2 and 3, beginning on page 1, and inserting:
/ "Section 12-37-223.   (A)   For purposes of this section, real property means real property classified for property tax purposes pursuant to Section 12-43-220.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any valuation increase attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217. An exemption allowed by this section does not apply to:

(1)   value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;

(2)   real property transferred after the year in which the most recent countywide equalization program was implemented pursuant to Section 12-43-217; and


Printed Page 1937 . . . . . Wednesday, March 17, 2004

(3)   real property valued for property tax purposes by the unit evaluation method.

(C)(1)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to property which has been transferred in fee simple in a transfer that is not subject to income tax pursuant to Sections 102, limited to transfer to a spouse or surviving spouse, (Gifts and Inheritances), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code as defined in Section 12-6-40; and to distributions of real property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company.

(2)   Notwithstanding Subsection (B)(2), and in addition to the nondisqualifying transfers allowed pursuant to item (1) of this subsection, the transfer of any interest in real property to a spouse, whether inter vivos, testamentary, or by operation of law, is a nondisqualifying transfer, and the exemption allowed pursuant to Subsection (B)(2) continues to apply to the interest transferred.

(D)   Once the taxable value of a property is reduced because of the exemption provided in subsection (B), that reduced value remains in effect, except as otherwise provided in subsection (B)(2), until the implementation of the next equalization and reassessment program. The effect of this exemption is, that upon the implementation of each subsequent equalization and reassessment program, the value of the property as determined under Section 12-37-930, reduced by the amount of any exemption granted under this section, may not increase except in the year following a disqualifying transfer in ownership.

When a property is transferred such that the property is no longer eligible for the exemption provided for in subsection (B), the property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at market value based on the sale or transfer of ownership or at the appraised value determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer(s), which was adopted:

THE INTEREST IN REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO


Printed Page 1938 . . . . . Wednesday, March 17, 2004

PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE.

(F)   To qualify for the exemption authorized under subsection (B), the owner of the property for which the exemption is sought or the owner's agent must apply to the county assessor where the property is located and establish eligibility for the exemption. The time period for making application for the exemption provided for in subsection (B), or for seeking a refund of taxes paid as a result of a subsequent determination of eligibility for the exemption, is the same as provided for in Section 12-43-220(c) for administering the special legal residence assessment ratio, mutatis mutandis.

Under penalty of perjury, the taxpayer must certify that the property meets the qualifications established in subsection (B) for eligibility for the exemption and provide such other proof required by the county assessor. The burden is on the taxpayer to establish eligibility for the exemption. The Department of Revenue shall assist the applicant and the assessor to the extent practicable in providing information necessary or helpful in determining eligibility. If the assessor determines the applicant ineligible, the value of the property must be determined by the assessor.

No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.

If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes assessed on the value of the property without regard to the exemption."
SECTION   2.   Section 12-37-223A. of the 1976 Code, is repealed for property tax years beginning after 2003.
SECTION   3.   Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-130.   The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint, by January 14, 2014, a task force to study the effects of this chapter on homeowners and the real estate industry and recommend


Printed Page 1939 . . . . . Wednesday, March 17, 2004

changes to this chapter, and shall report its findings to the General Assembly no later than January 13, 2015."
SECTION   4.   Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(A)   Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer prices indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
SECTION   5.   This act takes effect upon approval by the Governor and applies for countywide reassessment values implemented after 2003. Amounts exempted pursuant to the former provisions of Section 12-37-223(A). are deemed to have been exempted pursuant to Section 12-37-223 of the 1976 Code, as added by this act.
Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.
The amendment was then adopted.

Rep. COTTY explained the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 99; Nays 11

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Bingham                Bowers                 Breeland
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Freeman                Frye

Printed Page 1940 . . . . . Wednesday, March 17, 2004

Gilham                 Govan                  Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
E. H. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Scott                  Simrill
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Wilkins                Witherspoon            Young

Total--99

Those who voted in the negative are:

Battle                 J. Brown               Emory
Keegan                 Perry                  Pinson
M. A. Pitts            D. C. Smith            G. R. Smith
J. E. Smith            Tripp

Total--11

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


Printed Page 1941 . . . . . Wednesday, March 17, 2004

H. 3689--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Hosey, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J. H. Neal, Neilson, Phillips, Snow, Bowers, Koon, Frye, Altman, Coates, Coleman, Herbkersman, Haskins, Harrison, Hagood, Freeman, Edge, Cobb-Hunter, Clark, G. Brown, Sinclair, Sheheen, Scarborough, Pinson, Perry, Owens, Richardson, Martin, Lucas, Witherspoon, Whipper, Townsend, W. D. Smith, Lourie, Kirsh, Cato, Ceips, McGee, Rice, Delleney, Harrell, Vaughn, Trotter, Tripp, J. R. Smith, J. E. Smith, Scott, Sandifer, Limehouse, Littlejohn, Bailey, Harvin, Toole, Thompson, G. R. Smith, F. N. Smith, Rhoad, E. H. Pitts, Kennedy, Leach, Clemmons and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

The Ways and Means Committee proposed the following Amendment No. 19 (Doc Name COUNCIL\GGS\22461HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 12-37-223, as contained in SECTION 1, and striking Section 2 and 3, beginning on page 1, and inserting:
/ "Section 12-37-223.   (A)   For purposes of this section, real property means real property classified for property tax purposes pursuant to Section 12-43-220.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to limit to


Printed Page 1942 . . . . . Wednesday, March 17, 2004

fifteen percent any valuation increase attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217. An exemption allowed by this section does not apply to:

(1)   value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;

(2)   real property transferred after the year in which the most recent countywide equalization program was implemented pursuant to Section 12-43-217; and

(3)   real property valued for property tax purposes by the unit evaluation method.

(C)(1)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to property which has been transferred in fee simple in a transfer that is not subject to income tax pursuant to Sections 102, limited to transfer to a spouse or surviving spouse, (Gifts and Inheritances), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code as defined in Section 12-6-40; and to distributions of real property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company.

(2)   Notwithstanding Subsection (B)(2), and in addition to the nondisqualifying transfers allowed pursuant to item (1) of this subsection, the transfer of any interest in real property to a spouse, whether inter vivos, testamentary, or by operation of law, is a nondisqualifying transfer, and the exemption allowed pursuant to Subsection (B)(2) continues to apply to the interest transferred.

(D)   Once the taxable value of a property is reduced because of the exemption provided in subsection (B), that reduced value remains in effect, except as otherwise provided in subsection (B)(2), until the implementation of the next equalization and reassessment program. The effect of this exemption is, that upon the implementation of each subsequent equalization and reassessment program, the value of the property as determined under Section 12-37-930, reduced by the amount of any exemption granted under this section, may not increase except in the year following a disqualifying transfer in ownership.


Printed Page 1943 . . . . . Wednesday, March 17, 2004

When a property is transferred such that the property is no longer eligible for the exemption provided for in subsection (B), the property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at market value based on the sale or transfer of ownership or at the appraised value determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer(s), which was adopted:

THE INTEREST IN REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE.

(F)   To qualify for the exemption authorized under subsection (B), the owner of the property for which the exemption is sought or the owner's agent must apply to the county assessor where the property is located and establish eligibility for the exemption. The time period for making application for the exemption provided for in subsection (B), or for seeking a refund of taxes paid as a result of a subsequent determination of eligibility for the exemption, is the same as provided for in Section 12-43-220(c) for administering the special legal residence assessment ratio, mutatis mutandis.

Under penalty of perjury, the taxpayer must certify that the property meets the qualifications established in subsection (B) for eligibility for the exemption and provide such other proof required by the county assessor. The burden is on the taxpayer to establish eligibility for the exemption. The Department of Revenue shall assist the applicant and the assessor to the extent practicable in providing information necessary or helpful in determining eligibility. If the assessor determines the applicant ineligible, the value of the property must be determined by the assessor.

No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.

If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars


Printed Page 1944 . . . . . Wednesday, March 17, 2004

nor more than the current year's taxes assessed on the value of the property without regard to the exemption."
SECTION   2.   Section 12-37-223A. of the 1976 Code, is repealed for property tax years beginning after 2003.
SECTION   3.   Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-130.   The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint, by January 14, 2014, a task force to study the effects of this chapter on homeowners and the real estate industry and recommend changes to this chapter, and shall report its findings to the General Assembly no later than January 13, 2015."
SECTION   4.   Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(A)   Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer prices indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
SECTION   5.   This act takes effect upon approval by the Governor and applies for countywide reassessment values implemented after 2003. Amounts exempted pursuant to the former provisions of Section 12-37-223(A). are deemed to have been exempted pursuant to Section 12-37-223 of the 1976 Code, as added by this act.
Renumber sections to conform.
Amend title to conform.

Rep. MILLER explained the amendment.
The amendment was then adopted.

Reps. MCLEOD and J. E. SMITH proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7225AHB04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:


Printed Page 1945 . . . . . Wednesday, March 17, 2004

/   SECTION   ____.   Section 12-43-217(A) of the 1976 Code is amended to read:

"(A)   Notwithstanding any other provision of law, once every fifth tenth year each county or the State shall appraise and equalize those properties under its jurisdiction. Property valuation must be complete at the end of December of the fourth ninth year and the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth tenth year, the county or State shall implement the program and the increase in assessment based on the newly appraised value must be applied in four equal increments issued biennially." /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.
Rep. HARRELL spoke against the amendment.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 104; Nays 5

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Govan
Hagood                 Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Kirsh

Printed Page 1946 . . . . . Wednesday, March 17, 2004

Koon                   Leach                  Lee
Limehouse              Littlejohn             Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 E. H. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Wilkins
Witherspoon            Young

Total--104

Those who voted in the negative are:

Hamilton               Keegan                 Loftis
Perry                  D. C. Smith

Total--5

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

RECURRENCE TO THE MORNING HOUR

Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 17, 2004
Mr. Speaker and Members of the House:


Printed Page 1947 . . . . . Wednesday, March 17, 2004

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 212, S. 560 by a vote of 40 to 5.
(R212) S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: AN ACT TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT PROJECTS INCLUDING TOURISM TRAINING

Printed Page 1948 . . . . . Wednesday, March 17, 2004

INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY

Printed Page 1949 . . . . . Wednesday, March 17, 2004

SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS AND INCREASE THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE

Printed Page 1950 . . . . . Wednesday, March 17, 2004

ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.

Very respectfully,
President


Printed Page 1951 . . . . . Wednesday, March 17, 2004

R. 212, S. 560--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 16, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 560 (Word version), R. 212, a Bill containing 22 sections, several subjects and a wide range of considerations. I am vetoing this Bill in its entirety based primarily upon my fundamental objection to receiving legislation that has numerous tack-ons, each containing their own complex policy considerations, many of which did not receive appropriate public debate. It is also based in part on my objection to other provisions which, although subjected to public debate, I do not believe are in the best interests of South Carolina.

Although I believe this Bill as a whole is flawed, I also want to be perfectly clear in reiterating my long-held belief that both the life sciences and venture capital investment components of this Bill are critically important to our economic development efforts as a state. Central to this administration's overarching goal of raising income levels in South Carolina is the notion of outfitting our Department of Commerce with the tools it needs to fulfill its core missions of attracting industry to our State and cultivating the growth and expansion of small businesses within our borders. We have a tremendous opportunity with these two initiatives to do both, and as a result - from the moment the life sciences and venture capital investment bills were introduced - I indicated that I supported their passage and would sign them into law upon their arrival on my desk.

However, notwithstanding the good for our State that would be promoted by passage of the life sciences and venture capital components of this Bill, I am vetoing this Bill in its entirety because there are so many other components of it that are objectionable which I believe do not serve the best interests of South Carolina. And while I am vetoing this Bill in its entirety, I believe it is important to identify the seven portions of this Bill that are objectionable and that have led to my veto decision.


Printed Page 1952 . . . . . Wednesday, March 17, 2004

1.   Financing for Specific Projects

In Section 3, the Economic Development Bond Act is amended to define a proposed four-year culinary program at Trident Technical College and an international convention center (in Myrtle Beach based on the specifications indicated in this section) to become eligible for the bond financing. The eligibility of these two projects for such bond financing emerged for the very first time as the result of private, non-debated negotiations by the six legislators serving on the bill reconciliation conference committee. Both the culinary program and the international convention center may well have merit and there may well be legitimate reasons for exempting these two particular projects from the minimum standards ($400 million private investment and 400 new jobs) that would be applicable to any other project seeking to qualify for bond financing.

But the point is that South Carolinians deserve the benefit of a public dialogue on whether such projects do in fact have merit. Public dialogue is a necessary condition precedent to public "ownership" of these types of initiatives. Tourism is an extremely important industry in our state and is certainly deserving of our support. And the two coastal projects that this section make eligible for bond financing may in fact be deserving of that support. But because that eligibility determination was made by six legislators negotiating in private, South Carolinians outside of Charleston and Myrtle Beach are left wondering why these projects are in the best interests of the State.

2.   Eminent Domain

Section 8 adds a new section to Title 59, Section 59-101-750, which gives all state public institutions of higher learning the power of eminent domain, subject to the approval of the Budget and Control Board. I believe extreme care must be taken to ensure that the awesome power of government to condemn private property is limited to instances where an overriding public purpose must be served, and one essential safeguard to that end is limiting the entities to which that power may be delegated. Only those public entities charged with missions that, by their nature, require the seizure of private property to attain an overriding public purpose should have the power of eminent domain, and I believe our state's public institutions of higher learning are not among those types of entities.


Printed Page 1953 . . . . . Wednesday, March 17, 2004

3.   South Carolina Research Infrastructure Act

Section 9 creates the South Carolina Research University Infrastructure Act which raises the debt limit on general obligation debt for research universities for economic development purposes and authorizes any non-research university, college or technical institution the use of twelve percent of the debt for deferred maintenance. This section is objectionable for two reasons. First, the impact of this legislation on future taxpayers would be significant. As proposed, the State's general obligation bond limit would be raised by one-half percent, adding an estimated $25 million annually to the debt service above the amount we currently pay, estimated to be $230.8 million at the end of Fiscal Year 2004-2005. The outstanding bond issues already enacted, but not issued, are enough to continue to increase the cost of debt service in future fiscal years. Adding another potential $25 million annual cost on top in this current budget climate is not fiscally prudent.

As stated in the Fiscal Year 2004-2005 Executive Budget, it is important for us to work toward eliminating the use of one-time funds for recurring costs. And it is also important for us to repay the outstanding debt of $155 million that was left over from Fiscal Year 2001-2002. This administration has worked closely with the leadership of both houses of the General Assembly and the financial officers of the State to develop a plan to eliminate this debt, but we are not there yet. Given these financial issues we have to address, I do not believe South Carolina should simply extend its line of credit any further until we first get our fiscal house in order.

Second, this section would provide further funding to institutions of higher education without the requirement of further accountability. This administration has consistently advocated for better coordination by the Commission on Higher Education (CHE) to ensure that overlapping functions and mission creep do not occur throughout South Carolina's higher education system. Unfortunately, we are already faced with 33 separate institutions and 79 separate campuses around South Carolina that, according to Dr. Michael Porter of the Monitor Group, have yielded more than their share of overlap.


Printed Page 1954 . . . . . Wednesday, March 17, 2004

This section is representative of the challenges we face in higher education as a whole. While well-intended, it proposes adding an annual cost to higher education of an estimated $25 million annually in debt service cost. However, in exchange, the State receives no further assurance that the funds entrusted to the colleges and universities will not further fund overlap and duplication that already exists in the system. Although the Joint Bond Review Committee and the Budget and Control Board have the power to approve or disapprove uses for these funds, no role whatsoever has been given to the Commission on Higher Education to prevent duplication.

Though this section is intended to enhance our economic development capabilities through the higher education system, I believe it provides only half of the solution. This administration has said from the beginning that higher education, particularly our research universities, plays an integral role in enhancing economic development. I believe that before we agree to further burden the taxpayers of this State with additional debt, we owe it to them to provide some accountability to the system as a whole.

Again, as Dr. Porter has said, our state's system of higher education, as currently constituted, is one of our weaknesses. He rightly noted that "if every school is trying to be everything to everybody, it's going to end up being nothing to anybody." And in the FY 2004-2005 Executive Budget, we noted that, "[w]e believe that changing [the] system is essential to becoming more academically credible in the region and the nation." We should fix the system before we commit even more funds to it.

4.   USC-Sumter and Trident Technical College

Section 12 allows the Trident Technical College to establish a four-year culinary program. Section 13 authorizes the University of South Carolina-Sumter to offer four-year degrees at the Sumter campus. My objection to these sections is based upon my belief that the political process should not be used to bypass the normal procedure that colleges and universities must follow to offer new programs. While I am not opposed to an open discussion for the establishment of a culinary program at Trident Technical College or four-year status for USC-Sumter, I am opposed to the General Assembly's circumvention of current law which requires approval of such proposals by the State


Printed Page 1955 . . . . . Wednesday, March 17, 2004

Board for Technical and Comprehensive Education (State Tech Board) and/or the Commission on Higher Education (CHE).

With regard to the culinary program, the State Tech Board and the CHE are required by current law to "have approval or disapproval authority over all post-secondary vocational, technical, and occupational diploma and associate degree programs . . . ." (S.C. Code Ann. Section 59-53-20) Both the State Tech Board and the CHE were entirely circumvented.

With regard to USC-Sumter's four-year status, current law provides that "[n]o new program may be undertaken by any public institution of higher education without the approval of the [Commission on Higher Education]." (S.C. Code Ann. Section 59-103-35) Here, the CHE was entirely circumvented and as a result, it recently passed a resolution stating that it opposes any change to USC-Sumter's mission that occurs without following the procedure provided under current law. Additionally, the University of South Carolina Board of Trustees and President Andrew Sorenson agree that the USC-Sumter four-year status skirts the school's governance process, and oppose it for that reason.

We should not shut out the only entities empowered to review these proposals in a coordinated, comprehensive manner in relation to our overall higher education system. I believe college degree programs should be based on a thoughtful, long-range plan and not handled piecemeal by the General Assembly.

5.   Closure of USC campuses

Section 14 requires that no campus of the University of South Carolina may be closed without prior authorization of the General Assembly by act or joint resolution. This is redundant given the requirements of Section 59-103-45(5) of the South Carolina Code of Laws which set out the additional duties and functions of the Commission on Higher Education. These duties include "reduce, expand, or consolidate any institution of higher learning including those which do not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in Section 59-103-30, and beginning July 1, 1999, close any institution which does not meet the standards of achievement in regard to the performance indicators for quality academic success enumerated in


Printed Page 1956 . . . . . Wednesday, March 17, 2004

Section 59-103-30. The process to be followed for the closure, reduction, expansion, or consolidation of an institution under this item (5) shall be as promulgated in regulations of the commission which shall be submitted to and approved by the General Assembly;" (Emphasis added.)

6.   LIFE Scholarships

Section 16 amends Section 59-149-50(A), the eligibility criteria of LIFE Scholarships, by allowing a student who graduates from an out-of-state high school to qualify for the scholarship, provided the student completed three of the final four years of high school in South Carolina. Section 17 amends Section 59-149-10(B)(2), by adding another institution to become eligible for LIFE Scholarships. Section 18 amends Section 59-149-50(B), by relaxing the conditions under which a student's grade point average is calculated for scholarship retention purposes. The effect of each of these amendments is either to expand the pool of students eligible for the LIFE Scholarships or to relax the standards to be met by students in order to retain the scholarships, and the CHE has estimated the aggregate affect of these amendments is a $3.6 million increase in the annual financial demand of the LIFE Scholarships. This increased demand brings additional pressure to bear on the Education Lottery Account, for which I believe any incremental money should be used to fund K-12 education programs, not additional LIFE Scholarships.

7.   Law School Study Committee

Section 19 establishes a study committee to determine the feasibility and need for a new law school at South Carolina State University. Under current law it is the duty and responsibility of the Commission on Higher Education to determine the need and feasibility of any new programs, which would include a new law program at South Carolina State University. While I am not opposed to a discussion of such a project, we should not, once again, shut out the only entity empowered to study this proposal. The CHE is the appropriate body to weigh the issues of need, cost and feasibility of a new law school in relation to the state's overall higher education system.


Printed Page 1957 . . . . . Wednesday, March 17, 2004

For the reasons stated above, I am vetoing S. 560, R. 212, in its entirety, and returning it without my approval.

Sincerely,
Mark Sanford
Governor

R. 212, S. 560--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R212) S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: AN ACT TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION


Printed Page 1958 . . . . . Wednesday, March 17, 2004

ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT PROJECTS INCLUDING TOURISM TRAINING INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND

Printed Page 1959 . . . . . Wednesday, March 17, 2004

CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS AND INCREASE

Printed Page 1960 . . . . . Wednesday, March 17, 2004

THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW

Printed Page 1961 . . . . . Wednesday, March 17, 2004

AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 81; Nays 24

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Bowers
Branham                Breeland               J. Brown
Cato                   Ceips                  Chellis
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Duncan
Emory                  Freeman                Govan
Hagood                 Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Jennings
Keegan                 Kennedy                Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 Rhoad
Rice                   Sandifer               Scarborough
Scott                  G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Thompson               Townsend               Tripp
Umphlett               Vaughn                 Viers
Weeks                  Whipper                White
Wilkins                Witherspoon            Young

Total--81


Printed Page 1962 . . . . . Wednesday, March 17, 2004

Those who voted in the negative are:
Bingham                Clark                  Clyburn
Davenport              Frye                   Hamilton
Huggins                Kirsh                  Koon
Littlejohn             Loftis                 Mahaffey
McLeod                 Moody-Lawrence         Perry
E. H. Pitts            M. A. Pitts            Quinn
Simrill                D. C. Smith            Stewart
Stille                 Toole                  Walker

Total--24

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was temporarily out of the Chamber when the veto on S. 560 was taken up. I would have voted yes, to override the veto.

Rep. Grady Brown

STATEMENT FOR THE JOURNAL

While I support the Life Science portion of S. 560, I voted to sustain the Governor's Veto for the reasons noted by the Governor in his Veto message. This Act increased the amount of bonded indebtedness, removed restrictions on issuing the bonds, and created another four year college to a system that already shows a lack of accountability.

I agree with the Governor that a third of this Act is "pork barrel" legislation that will increase the size and demands of government. While I welcome the Life Science Act, the Act is like getting a long awaited organ transplant with cancer cells attached.

Rep. Dwight Loftis

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1065 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MAJOR JOHN DAVID DUDLEY UPON RECEIVING THE UNITED STATES BRONZE


Printed Page 1963 . . . . . Wednesday, March 17, 2004

STAR MEDAL AND TO EXTEND SINCERE THANKS TO HIM FOR HIS MERITORIOUS SERVICE TO HIS COUNTRY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1074 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MAJOR LAKE E. SUMMERS UPON RECEIVING THE UNITED STATES BRONZE STAR MEDAL AND TO EXTEND SINCERE THANKS TO HIM FOR HIS MERITORIOUS SERVICE TO HIS COUNTRY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1077 (Word version) -- Senators Malloy, Leatherman, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS A VITAL AND INTEGRAL PART OF SOUTH CAROLINA AND SOUTH CAROLINA'S ECONOMY, AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST FEATURED ATTRACTIONS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1078 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MAJOR PHILLIP LENSKI UPON RECEIVING THE UNITED STATES ARMY COMMENDATION MEDAL, THE MERITORIOUS MEDAL, AND THE DEFENSE MERITORIOUS SERVICE MEDAL FOR HIS SERVICE IN KUWAIT AND IRAQ AND TO EXTEND SINCERE THANKS TO HIM FOR HIS DISTINGUISHED SERVICE TO HIS COUNTRY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4986 (Word version) -- Reps. Tripp and Cato: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS THAT MUST BE CONTAINED IN ALL INDIVIDUAL LIFE INSURANCE POLICIES, SO AS TO PROVIDE THAT INCONTESTABILITY DOES NOT ATTACH UNLESS THE POLICY OR ANY RIDER OR SUPPLEMENTAL BENEFITS HAS BEEN IN FORCE FOR MORE THAN TWO YEARS FROM THE DATE OF ISSUE DURING THE LIFETIME OF THE INSURED AND THAT AN INSURED'S DEATH BEFORE THE RUNNING OF THE TWO-YEAR PERIOD DOES NOT BAR THE INSURER FROM ASSERTING THE INSURED'S FRAUD OR FALSE STATEMENTS AS GROUND TO VACATE THE POLICY OR TO DEFEAT THE CLAIM.
Referred to Committee on Labor, Commerce and Industry

H. 4987 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE THE TERMS "CONTRABAND", "CRIMINAL GANG", "CRIMINAL


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GANG MEMBER", "PATTERN OF CRIMINAL GANG ACTIVITY", AND "GANG-RELATED INCIDENT", TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM TESTIFYING RELATED TO CRIMINAL GANG ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE THAT A PRIVATE BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL GANG TO ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY MAY BE THE SUBJECT OF AN INJUNCTION OR CAUSE OF ACTION FOR ABATEMENT OF A NUISANCE, TO PROVIDE THE PROCEDURE FOR SEEKING AN INJUNCTION OR ABATEMENT OF A NUISANCE, TO PROVIDE FOR A CIVIL CAUSE OF ACTION IN FAVOR OF THE STATE OF SOUTH CAROLINA, A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION, OR AN AGENCY OR INSTRUMENTALITY OF THEM, THAT SUSTAINS ANY DAMAGE, IMPAIRMENT, OR INJURY PROXIMATELY CAUSED BY A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR SEIZURE OF A

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FIREARM, AMMUNITION, OR DANGEROUS WEAPON, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF OR CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, AND TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE.
Referred to Committee on Judiciary

H. 4988 (Word version) -- Reps. Hagood, Kirsh, Altman, Bailey, Bales, Battle, Harrell, Harrison, Hayes, Keegan, Limehouse, Mahaffey, Merrill, Neilson, Scarborough, Stille, Walker and Young: A BILL TO AMEND ARTICLE 45, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA UNIFORM ACT REGULATING TRAFFIC TO PRIVATE ROADS, SO AS TO DELETE REFERENCES TO THE TERM "SOUTH CAROLINA UNIFORM ACT REGULATING TRAFFIC" AND TO PROVIDE THAT THIS ARTICLE PROVIDES THE MEANS FOR THE OWNER OF A PRIVATE ROAD TO HAVE CERTAIN PROVISIONS THAT REGULATE MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS APPLY TO A PRIVATE ROAD.
Referred to Committee on Education and Public Works

Rep. YOUNG moved that the House do now adjourn, which was agreed to.


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4939 (Word version) -- Rep. Clemmons: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MYRTLE BEACH CIVITAN CLUB AND ITS MEMBERS, OFFICERS, AND FRIENDS ON THE OCCASION OF ITS SIXTY-FIFTH ANNIVERSARY AND TO COMMEND THIS OUTSTANDING CLUB, THE OLDEST CIVIC CLUB IN MYRTLE BEACH, FOR ITS WONDERFUL CONTRIBUTIONS TO THE MYRTLE BEACH COMMUNITY ON THIS GREAT OCCASION.

H. 4950 (Word version) -- Reps. Viers, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS-COUNTRY TEAM FOR WINNING THE 2003 BIG SOUTH CONFERENCE CHAMPIONSHIP, THE WOMEN'S TRACK AND FIELD TEAM FOR WINNING THE 2004 BIG SOUTH CONFERENCE INDOOR TRACK CHAMPIONSHIP, AND BOTH TEAMS FOR THEIR MANY OTHER ATHLETIC AND ACADEMIC ACHIEVEMENTS, AND TO WISH BOTH TEAMS' MEMBERS AND THEIR COACHES CONTINUED SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.


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H. 4966 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE ANDREWS HIGH SCHOOL "YELLOW JACKETS" VARSITY GIRLS' BASKETBALL TEAM ON THEIR WINNING SEASON AND BECOMING THE RUNNER-UP IN THE STATE AA CHAMPIONSHIP GAME.

ADJOURNMENT

At 5:20 p.m. the House, in accordance with the motion of Rep. BALES, adjourned in memory of George Goodwin of Lower Richland, father of Debra Brooks in the Clerk's office, to meet at 10:00 a.m. tomorrow.

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