Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 104:24: "How many are Your works, O Lord! In wisdom You made them all; the earth is full of Your creation."
Let us pray. Almighty God, wise creator, help these men and women be good stewards of this State and its resources. Guard, guide, and keep them in Your care as they fulfill their duties to the people of this State. Bless our President and Governor and their staff. Keep our defenders of freedom safe and comfort those at home. Make Your presence known at this time. In Your Holy name, 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 Friday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Irene Anderson Norman, which was agreed to.
The following was received:
Columbia, S.C., May 20, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 104:
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 AT CERTAIN LOCATIONS; 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.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 25, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 324, S. 1213 by a vote of 46 to 0.
(R324) S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
Very respectfully,
President
The SPEAKER ordered the following veto printed in the Journal:
May 24, 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. 1213 (Word version), R.324, an Act:
TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.
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 recreation commission or one of the many other boards and commissions that direct the agencies and policies of this State.
This Bill runs contrary to that idea, and for this reason, I am returning S. 1213, R.324 to you without my signature.
Sincerely,
Mark Sanford
Governor
The following was introduced:
H. 5346 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, 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, 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, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO SALUTE AND EXPRESS GRATITUDE TO REPRESENTATIVE REBECCA "BECKY" RICHARDSON OF FORT MILL, SOUTH CAROLINA, FOR HER OUTSTANDING, DEDICATED SERVICE TO THE PEOPLE OF YORK COUNTY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HER GOOD HEALTH AND HAPPINESS AND MUCH SUCCESS ON THE OCCASION OF HER RETIREMENT FROM THE HOUSE OF REPRESENTATIVES AS SHE EMBARKS ON HER NEW CAREER AS A COMMISSIONER WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
Whereas, Representative Rebecca "Becky" Richardson of York County is retiring from her position as a member of the House of Representatives after faithfully serving since 1991; and
Whereas, she came to serve in the House with a solid background in local government and public service, having been extremely active and involved in Fort Mill and York County Community organizations and government, including being the first woman and first Republican elected to the Fort Mill City Council; and
Whereas, after election to the House of Representatives in 1991, Becky quickly rose in leadership positions, both in the Agriculture, Natural Resources and Environmental Affairs Committee and in the Ethics Committee; and
Whereas, her expertise and outstanding service to the business community have served her well on the Labor, Commerce and Industry Committee, and her contributions to that committee have been significant; and
Whereas, she was elected chair of the Ethics Committee in 1995 and throughout her tenure as chairman she has demonstrated the highest integrity and has been exemplary in her service; and
Whereas, she is a faithful member of the Unity Presbyterian Church, the mother of two fine sons, and the loving wife of J. R. Richardson; and
Whereas, throughout her service in the House she has been known for her dedication, tenacity, and professionalism and she will be greatly missed; and
Whereas, it is proper and fitting that the members of the House of Representatives pause in their deliberations to recognize and pay tribute to Rebecca "Becky" Richardson and her admirable tenure in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, salute and express gratitude to Representative Rebecca "Becky" Richardson of Fort Mill, South Carolina, for her outstanding, dedicated service to the people of York County and the State of South Carolina, and wish her good health and happiness and much success on the occasion of her retirement from the House of Representatives as she embarks on her new career as a commissioner with the South Carolina Employment Security Commission.
Be it further resolved that a copy of this resolution be presented to Representative Rebecca "Becky" Richardson.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5347 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GREENVILLE HIGH SCHOOL "RED RAIDERS" BOYS VARSITY SOCCER TEAM, COACH WARREN TURNER, AND OTHER SCHOOL OFFICIALS, THURSDAY, MAY 27, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THEIR SECOND CLASS AAA STATE CHAMPIONSHIP IN THREE YEARS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Greenville High School "Red Raiders" Boys Soccer Team of Greenville County, Head Coach Warren Turner, and other school officials, on Thursday, May 27, 2004, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for winning their second Class AAA State Soccer Championship Title in three years.
The Resolution was adopted.
The following was introduced:
H. 5348 (Word version) -- Reps. Wilkins, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR THE GREENVILLE HIGH SCHOOL "RED RAIDERS" BOYS VARSITY SOCCER TEAM AND COACH WARREN TURNER ON WINNING THEIR SECOND CLASS AAA STATE CHAMPIONSHIP IN THREE YEARS AND TO WISH THEM CONTINUED SUCCESS IN ALL THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5349 (Word version) -- Reps. Wilkins, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 2004 STATE CLASS AAAA BASEBALL CHAMPIONSHIP.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5350 (Word version) -- Reps. Wilkins and Tripp: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MAULDIN HIGH SCHOOL BOYS BASEBALL TEAM ON WEDNESDAY, MAY 26, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2004 STATE CLASS AAAA BASEBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the Mauldin High School Boys Baseball Team on Wednesday, May 26, 2004, at a time to be determined by the Speaker, for the purpose of recognizing them for winning the 2004 State Class AAAA Baseball Championship.
The Resolution was adopted.
The following was introduced:
H. 5351 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Govan, Hagood, Hamilton, 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, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE AMOS L. GOURDINE OF BERKELEY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES SINCE 1997 UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO EXTEND TO HIM EVERY BEST WISH IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the House of Representatives have learned with deep regret that the Honorable Amos L. Gourdine will be retiring at the end of his term this year from the House; and
Whereas, Amos Gourdine has served his district and Berkeley County with ability and distinction since the time he first joined the House in 1997; and
Whereas, Amos and his lovely wife, Helen, reside in Pineville, and they are blessed with four wonderful children: Danita, Angela, Alfrida, and Olivia; and
Whereas, he is a native of Pineville, is a retired officer with the Department of Natural Resources, and attended both Trident Technical College and Charleston Southern University; and
Whereas, Amos Gourdine is an influential member of the House Agriculture, Natural Resources and Environmental Affairs Committee where he used his prior experience with the Department of Natural Resources to be an effective voice for the preservation of this state's outstanding natural resources which are a legacy for generations to come; and
Whereas, in addition to his service in the House, he served his country with honor, valor, and courage as a member of this nation's armed services in the Republic of Vietnam from 1965-1966; and
Whereas, he has also been an active community leader in his native Pineville and in Berkeley County; and
Whereas, it will be hard to replace this outstanding public servant, and all his colleagues in the House and in state government want him to know that their best wishes go with him as he enters a new phase of his life. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives commend the Honorable Amos L. Gourdine of Berkeley County for his distinguished service as a member of the House of Representatives since 1997 upon the occasion of his retirement from the House and extend to him every best wish in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Amos L. Gourdine.
The Resolution was adopted.
The following was introduced:
H. 5352 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. 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, 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, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE THOMAS G. KEEGAN OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES SINCE 1989 UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO EXTEND TO HIM EVERY BEST WISH IN ALL HIS FUTURE ENDEAVORS.
Whereas, the members of the House of Representatives have learned with deep and sincere regret that one of the most personable members of the House, the Honorable Thomas G. Keegan, will be retiring at the end of his term this year from the House; and
Whereas, Tom Keegan, affectionately known as "Chief", has served his district and Horry County with ability and distinction since the time he first joined the House in 1989; and
Whereas, Tom and his lovely wife, Marie, reside in Surfside Beach, and he is blessed with five wonderful children: Maureen, Jacqueline, Thomas, Jr., Sheila, and Molly; and
Whereas, he is a native of Greenwich, Connecticut, is a retired chief of police, and holds an A. S. degree from Norwalk Community College, a B. S. degree from Iona College, and honorary Ph.D. degrees from Francis Marion University and the Medical University of South Carolina. He is also an emeritus member of the board of trustees of Francis Marion University; and
Whereas, Tom Keegan is one of the most influential members of the House Ways and Means Committee and has done great work for public education, higher education, and educational reform as Chairman of Higher Education, Technical, and Cultural Subcommittee of the Ways and Means Committee; and
Whereas, in addition to his service in the House, he has been an active civic and community leader in Horry County through his work as Chairman of the Grand Strand Area Transportation Committee, and also with the Waccamaw Regional Planning and Development Council, and the House Tourism Caucus; and
Whereas, it will be hard to replace a member who is as warm and friendly as Tom Keegan, and all his colleagues in the House and in state government want him to know that their best wishes go with him as he enters a new phase of his life. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives commend the Honorable Thomas G. Keegan of Horry County for his distinguished service as a member of the House of Representatives since 1989 upon the occasion of his retirement from the House and extend to him every best wish in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Thomas G. Keegan.
The Resolution was adopted.
The following was introduced:
H. 5353 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, 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, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire and Young: A HOUSE RESOLUTION TO SALUTE AND EXPRESS GRATITUDE TO REPRESENTATIVE MARY BETH FREEMAN OF CHERAW FOR HER OUTSTANDING, DEDICATED SERVICE TO THE PEOPLE OF CHESTERFIELD COUNTY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HER GOOD HEALTH AND HAPPINESS ON THE OCCASION OF HER RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
Whereas, Representative Mary Beth Freeman of Chesterfield County is retiring from her position as a member of the House of Representatives after faithfully serving since 2001; and
Whereas, Mary Beth Freeman's contributions to the Agriculture, Natural Resources and Environmental Affairs Committee will be sorely missed by the members of this committee and the House of Representatives; and
Whereas, Representative Freeman was born July 22, 1938, in Chesterfield to the late Leon Barton and Maggie Lee Streater Robeson; and
Whereas, a 1956 graduate of Chesterfield High School, Representative Freeman married Preston R. Freeman on November 11, 1956. They have two children, Preston R. Freeman, Jr. and Elizabeth F. Roumillat; and
Whereas, active in her community, Representative Freeman has been a member of the Cheraw United Way, Cheraw Rotary Club, and the Cheraw School District Advisory Board; and
Whereas, Representative Freeman also has been active in the leadership of the United Methodist Women local, district, and conference levels and served on the Cheraw Town Council from 1984 until 1992; and
Whereas, it is proper and fitting that the members of the House of Representatives pause in their deliberations to recognize and pay tribute to Mary Beth Freeman of Cheraw and her admirable tenure in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, salute and express gratitude to Representative Mary Beth Freeman of Cheraw for her outstanding, dedicated service to the people of Chesterfield County and the State of South Carolina, and wish her good health and happiness on the occasion of her retirement from the House of Representatives.
Be it further resolved that a copy of this resolution be presented to Representative Mary Beth Freeman of Cheraw, South Carolina.
The Resolution was adopted.
The following was introduced:
H. 5354 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE THE CHARMING TOWN OF HAMPTON COURT HOUSE ON ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY, AND TO EXTEND BEST WISHES TO THE CITIZENS OF THIS GREAT TOWN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5355 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMPTON COUNTY GUARDIAN NEWSPAPER ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY AND TO EXTEND BEST WISHES TO THE PAPER FOR THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5356 (Word version) -- Reps. Cotty, Lourie and Howard: A CONCURRENT RESOLUTION TO CONGRATULATE MR. GERALD KEITH PRICE UPON BEING NAMED PRINCIPAL OF E. L. WRIGHT MIDDLE SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5357 (Word version) -- Reps. Parks, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MT. ZION A.M.E. CHURCH IN PROMISED LAND ON THE COMPLETION OF THEIR FAMILY LIFE CENTER ON JULY 30, 2003, AND TO EXTEND BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
On motion of Rep. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1244 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2872, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 5359 (Word version) -- Reps. Harrell, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND KATHRYN "KAYLEE" ROGERS OF LEXINGTON FOR HER DILIGENCE AND DEDICATION AS A GIRL SCOUT AND CONGRATULATE HER ON RECEIVING THE HIGHEST AWARD GIVEN IN GIRL SCOUTING--THE GIRL SCOUT GOLD AWARD.
The Resolution was adopted.
The following was introduced:
H. 5360 (Word version) -- Reps. Weeks, G. M. Smith, J. H. Neal, Coates and G. Brown: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE JEREMY BRYAN OF SUMTER FOR WINNING THE 141-POUND WEIGHT CLASS IN THE NATIONAL GOLDEN GLOVES BOXING TOURNAMENT IN KANSAS CITY, MISSOURI, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5361 (Word version) -- Reps. Perry, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR WILLIAM "WILL" CONE RICHARDSON OF AIKEN COUNTY ON ACHIEVING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO WISH HIM FURTHER SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1253 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. PEGGY JAMES TYLER FOR TWENTY YEARS OF DEDICATED SERVICE AS A MEMBER OF THE SCHOOL BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT FOUR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1255 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY THE "BEN G. ALDERMAN, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "BEN G. ALDERMAN, JR. INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1257 (Word version) -- Senators Setzler, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE ON I-20 AT EXIT 44 IN HONOR OF THE LATE SENATOR F. BEASLEY SMITH WHO SERVED HIS COUNTY AND STATE WITH DISTINCTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1265 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO EXPRESS THE SINCEREST GRATITUDE OF THE STATE OF SOUTH CAROLINA TO THE UNITED STATES SUBMARINE VETERANS, INC., CHARLESTON, SOUTH CAROLINA CHAPTER, FOR THEIR DEDICATION AND PRECISION IN RESTORING THE "LITTLE DAVID" TO ITS RIGHTFUL PLACE IN NAVAL HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
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 Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott 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 Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Tuesday, May 25.
Annette Young Rick Quinn
Announcement was made that Dr. Layton McCurdy of Charleston is the Doctor of the Day for the General Assembly.
Reps. FREEMAN, JENNINGS, LUCAS and NEILSON presented to the House the Cheraw High School Baseball Team, the 2004 Class AA Champions, and their coaches.
Rep. FRYE presented to the House the W. Wyman King Academy "Lady Knights" Softball Team, the 2004 South Carolina Independent School Association Class A Champions, and their coach and other school officials.
Rep. FRYE presented to the House the King Academy Boys Baseball Team, the 2004 South Carolina Independent School Association Class A Champions, their coaches and other school officials.
Rep. PERRY presented to the House the South Aiken High School "Thoroughbreds" Golf Team, the 2004 Class AAAA Champions, their coaches and other school officials.
At 12:15 p.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.
The Reading Clerk read the following Concurrent Resolution:
H. 5131 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:15 P.M. ON TUESDAY, MAY 25, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 1.
Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Mary E. Buchan, the Honorable L. Casey Manning, and the Honorable Paul E. Short, Jr.
Senator McConnell stated that the Honorable Mary E. Buchan had withdrawn from the race, and placed the names of the remaining two candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Manning:
Anderson Branton Courson Elliott Ford Giese Glover Jackson Land Malloy Matthews Patterson
The following named Senators voted for Short:
Alexander Cromer Drummond Fair Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Smith, J. V. Thomas Verdin Waldrep
On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Manning:
Allen Altman Bales Battle Branham Breeland J. Brown R. Brown Cato Ceips Clyburn Cobb-Hunter Cooper Cotty Gourdine Govan Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Koon Lee Lloyd Lourie Mack Merrill J. H. Neal Neilson Ott Parks Perry E. H. Pitts Rivers Rutherford Sandifer Scarborough Scott D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Thompson Townsend Trotter Weeks Whipper White Whitmire Wilkins
The following named Representatives voted for Short:
Anthony Bailey Barfield Bingham Bowers G. Brown Clark Clemmons Coleman Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McLeod Miller Moody-Lawrence J. M. Neal Owens Phillips Pinson M. A. Pitts Quinn Rhoad Rice Richardson Sinclair Skelton Snow Stille Talley Taylor Toole Tripp Umphlett Vaughn Viers Walker Witherspoon
RECAPITULATION
Total number of Senators voting 44
Total number of Representatives voting 118
Grand Total 162
Necessary to a choice 82
Of which Manning received 76
Of which Short received 86
Whereupon, the PRESIDENT announced that Paul E. Short was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 2.
Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Daniel F. Pieper, the Honorable Paula H. Thomas, and the Honorable H. Bruce Williams.
Senator McConnell stated that the Honorable Daniel F. Pieper had withdrawn from the race, and placed the names of the remaining two candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Thomas:
Anderson Branton Elliott Glover Land Martin McConnell McGill Moore O'Dell Peeler Rankin Ravenel Ryberg Short Smith, J. V.
The following named Senators voted for Williams:
Alexander Courson Cromer Drummond Fair Giese Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Leventis Malloy Matthews Mescher Patterson Reese Richardson Ritchie Setzler Sheheen Thomas Verdin Waldrep
On motion of Rep. SCOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Thomas:
Bailey Barfield Battle Bowers Branham Breeland Cato Ceips Clemmons Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Gourdine Harrell Harvin Hayes J. Hines M. Hines Howard Jennings Keegan Kennedy Lee Limehouse Littlejohn Loftis Mack Martin Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Perry Rivers Sandifer Scarborough D. C. Smith J. R. Smith Snow Thompson Townsend Trotter Vaughn Walker Witherspoon Whipper White
The following named Representatives voted for Williams:
Allen Altman Anthony Bales Bingham G. Brown J. Brown R. Brown Chellis Clark Clyburn Coates Coleman Cotty Duncan Emory Freeman Frye Gilham Govan Hagood Hamilton Harrison Haskins Herbkersman Hinson Hosey Huggins Kirsh Koon Leach Lloyd Lourie Lucas Mahaffey McCraw McGee McLeod Merrill J. M. Neal Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rutherford Scott Sinclair Skelton F. N. Smith G. M. Smith G. R. Smith J. E. Smith W. D. Smith Stewart Stille Talley Taylor Toole Tripp Umphlett Viers Weeks Young Whitmire Wilkins
RECAPITULATION
Total number of Senators voting 44
Total number of Representatives voting 122
Grand Total 166
Necessary to a choice 84
Of which Thomas received 68
Of which Williams received 98
Whereupon, the PRESIDENT announced that H. Bruce Williams was duly elected for the term prescribed by law.
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.
At 12:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. SKELTON moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. QUINN moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
The following Bill was taken up:
S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.
Rep. LIMEHOUSE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21290SD04), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 38-63-100 of the 1976 Code is amended to read:
"Section 38-63-100. Notwithstanding any other provision of law, a charitable organization has an insurable interest in the life of an insured under a policy in which the charitable organization is irrevocably named as a beneficiary if the application for insurance is signed by the insured. For purposes of this section, a 'charitable organization' means:
(1) a bona fide charity or nonprofit corporation which is in compliance with the 'Solicitation of Charitable Funds Act' (Chapter 55 of Title 33) has an insurable interest in the life of an insured under a policy in which the charity or corporation is irrevocably named as a beneficiary provided that the application for insurance is signed by the insured.;
(2) an organization to which a charitable contribution may be made under Section 170(c)(1), (2), or (3) of the Internal Revenue Code; or
(3) a trust, partnership, limited liability company, or similar entity approved in writing by an organization, described in item (1) or (2) of this section which, with the written consent of the individual insured, procures or causes to be procured the combination of an insurance policy and annuity contract on the life of the individual, provided that the form of the written consent that the individual shall sign is filed with the director or his designee. The charitable organization has an insurable interest in the life of the insured whether the charitable organization originally purchased the insurance or the insurance is later transferred to the charitable organization by the insured or another person.
The provisions of this section do not limit or abridge any insurable interest or right to insure now existing at common law or by statute, shall be construed liberally to sustain insurable interest, and shall stand as a declaration of existing law applicable to all life insurance policies in existence on or after the effective date of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. CATO raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill. He stated that the Bill dealt with premium service companies and the amendment dealt with charitable organizations.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. WALKER, CATO and TRIPP proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3967DW04), which was adopted:
Amend the bill, as and if amended, Section 38-39-70(e), SECTION 1, page 2, line 30, by deleting / not more than fifteen / and inserting / five /.
Amend further, Section 38-39-80(d), SECTION 2, page 3, by striking subsection (d) beginning on line 12, and inserting:
/ (d) An initial charge of fifteen up to twenty dollars per for each premium service contract, addendum, and revision is permitted, which may not be refunded upon cancellation or prepayment. The amount of the initial charge must be filed with the department. /
Amend further, Section 38-39-90(c), SECTION 3, page 5, by striking on lines 2 and 3 / approved or /.
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted by a division vote of 44 to 31.
Reps. J. BROWN, COBB-HUNTER, WEEKS, CLYBURN, LLOYD, OTT, ANTHONY, FREEMAN, SKELTON, SCARBOROUGH, CATO, WITHERSPOON, TRIPP, HOSEY, J. R. SMITH, CLEMMONS, MACK, BREELAND, R. BROWN, MAHAFFEY, RHOAD and ALLEN requested debate on the Bill.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
S. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15, SO AS TO AUTHORIZE A BANK OR SAVINGS AND LOAN ASSOCIATION, UPON DEPOSIT OF FUNDS BY A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER, TO SECURE THE DEPOSITS BY DEPOSIT INSURANCE, SURETY BONDS, COLLATERAL SECURITIES, OR LETTERS OF CREDIT TO PROTECT THE LOCAL ENTITY AGAINST LOSS, AND TO PROVIDE THE REQUIREMENTS FOR SECURING DEPOSITS THAT EXCEED THE AMOUNT OF INSURANCE COVERAGE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
Rep. SCARBOROUGH explained the Bill.
The following Bill was taken up:
S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6063CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-170 of the 1976 Code is amended to read:
"Section 56-5-170. Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'.
(A) Authorized emergency vehicles for purposes of this section include the following:
(1) fire department vehicles;
(2) police vehicles;
(3) ambulances and rescue squad vehicles which are publicly owned;
(4) vehicles of coroners and deputy coroners of the forty-six counties, as designated by the coroner;
(5) emergency vehicles designated by the fire department or the chief of police of a municipality;
(6) county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;
(7) Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties;
(8) public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, police department, sheriff's office, authorized county government litter enforcement office, or rescue squad;
(9) county or municipal government jail or corrections vehicles used by certified jail or corrections officers, and emergency vehicles designated by the Director of the South Carolina Department of Corrections;
(10) vehicles designated by the Commissioner of the Department of Health and Environmental Control when being used in the performance of law enforcement or emergency response duties; and
(11) federal law enforcement, military, and emergency vehicles.
(B) Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Enforcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To 'display' means to be seen, whether activated or not.
(C) A vehicle shall not display the word 'police' unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.
(D) The provisions of this section do not apply to automobile dealerships, to police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency, to vehicles owned solely as collector's items and used only for participation in club activities, exhibits, tours, parades, and similar uses, or to persons designated by an agency owning such a vehicle to drive the vehicle or drive an auxiliary vehicle transporting such a vehicle." /
Renumber sections to conform.
Amend title to conform.
Rep. LOURIE explained the amendment.
The amendment was then adopted.
Reps. LOURIE, OTT and KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\SWB\6083CM04), which was adopted:
Amend the bill, as and if amended, by striking Section 56-5-170(a)(8) as contained in SECTION 1, page 2 and inserting:
/ "(8) public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, volunteer fire department, police department, sheriff's office, authorized county government litter enforcement office, rescue squad, or volunteer rescue squad." /
Renumber sections to conform.
Amend title to conform.
Rep. LOURIE explained the amendment.
The amendment was then adopted.
Reps. GILHAM and J. BROWN proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\6099CM04), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Article 18, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1980. (A) A local jurisdiction may establish a citizens handicapped parking enforcement program to assist in the enforcement of handicapped parking laws.
(B) A person appointed to a citizens handicapped parking enforcement program must:
(1) be at least eighteen years of age;
(2) successfully complete a State Law Enforcement Division criminal history background check;
(3) successfully complete a handicapped parking enforcement training program established by the local jurisdiction; and
(4) serve as a volunteer without compensation.
(C) A person appointed to a citizens handicapped parking enforcement program who identifies an apparent violation of handicapped parking laws may collect information on the violation including vehicle identification information, the date, time, and location of the violation, and photographs of the violation, and then may submit the information to the local jurisdiction's appropriate law enforcement agency. Information and photographs collected may not be used for any purpose other than as evidence of a handicapped parking violation.
(D) Upon identification of the owner of the vehicle, the law enforcement agency must send by registered mail, return receipt requested, to the owner a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the owner may contest the warning or citation. The owner is not responsible for the violation if the owner was not the person operating the vehicle at the time of the violation, and, within thirty days after notification of the violation, furnishes the law enforcement agency that issued the warning or citation an affidavit stating the name and address of the person operating the vehicle at the time of the violation. Upon identification of the person operating the vehicle at the time of the violation, the law enforcement agency must send by registered mail, return receipt requested, to the person a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the person may contest the warning or citation.
(E) A person appointed to a citizens handicapped parking enforcement program is not an employee of the State nor any political subdivision of the State. Neither the State nor any subdivision of the State is liable for any injury to a person appointed to a citizens handicapped parking enforcement program. Neither the State nor any subdivision of the State is liable for any injury caused by a person appointed to a citizens handicapped parking enforcement program.
(F) A person appointed to a citizens handicapped parking enforcement program may not use or display blue or red lights authorized by Section 56-5-170 in a private vehicle."
SECTION __. Section 56-3-1970 of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"Section 56-3-1970. (A) It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960. The parking space must be designated by a sign at a height clearly visible by the driver of a vehicle bearing the appropriate symbol for a handicapped parking space.
(B) It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.
(C) It is unlawful for a person or entity to file a false application to obtain a handicapped license plate or placard provided in Section 56-3-1960.
(D) It is unlawful for a person or entity to illegally duplicate, forge, or sell a handicapped license plate or placard provided in Section 56-3-1960.
(E) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each offense."
SECTION __. Section 56-3-1971 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to an operator of a motor vehicle or the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag driver's license or license plate number and recording the violations with the Department of Motor Vehicles.
The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department."
SECTION __. Section 56-3-1972 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and issued to the operator of the vehicle or placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number." /
Renumber sections to conform.
Amend title to conform.
Rep. GILHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
The following Bill was taken up:
S. 897 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-55 SO AS TO PROVIDE THAT ANY CHANGES ADOPTED TO THE SOUTH CAROLINA BUILDING CODE BY THE SOUTH CAROLINA BUILDING CODE COUNCIL ARE DEEMED TO BE INCORPORATED INTO THE SOUTH CAROLINA BUILDING CODE AND DO NOT HAVE TO BE READOPTED IN SUBSEQUENT CODE CYCLES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 21291SD04), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. Section 40-59-10(A) of the 1976 Code, as last amended by Act 359 of 2002, is further amended to read:
"(A) There is created the South Carolina Residential Builders Commission which must be composed of seven persons who shall have been residents of the State for at least five years, and two one of whom must be consumers a consumer not engaged in the business of residential building, four of whom have been actively engaged in residential building for a period of at least five years before the date of their appointment, and who must be recommended to the Governor by the South Carolina Home Builders Association, and one of whom has been actively engaged in residential specialty contracting for a period of at least five years before the date of appointment, and one of whom has been actively engaged in the pratice of home inspections for at least five years before the date of his appointment, is a duly licensed home inspector in this State, and who must be recommended to the Governor for appointment jointly by the South Carolina Chapter of the American Society of Home Inspectors and the South Carolina Association of Home Inspectors. One member must be appointed from each congressional district, and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. A vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the manner of the original appointment. The Governor may remove any member of the commission in accordance with Section 1-3-240."/
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.
The following Bill was taken up:
S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
Reps. J. E. SMITH, SCARBOROUGH, MILLER, J. BROWN, SCOTT, J. HINES, HAGOOD and BREELAND requested debate on the Bill.
The following Joint Resolution was taken up:
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Reps. SCOTT, HARRISON, J. E. SMITH, COTTY, LITTLEJOHN, WALKER, THOMPSON, BAILEY, LLOYD, J. BROWN, SCARBOROUGH, SKELTON, MOODY-LAWRENCE, TOOLE, WEEKS, LEE, DAVENPORT, KIRSH, R. BROWN, FREEMAN, ANTHONY, KENNEDY, HERBKERSMAN, KOON and MAHAFFEY requested debate on the Joint Resolution.
The following Bill was taken up:
S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21284SD04):
Amend the bill, as and if amended, by striking subsection (A) of Section 40-71-10 of the 1976 Code, as contained in SECTION 1, and inserting:
/ (A) 'Professional society' as used in this chapter includes legal, medical, osteopathic, optometric, chiropractic, psychological, dental, accounting, pharmaceutic, and engineering organizations having as members at least a majority of the eligible licentiates in the area served by the particular society and any foundations composed of members of these societies. It also includes the South Carolina Law Enforcement Accreditation Program. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Reps. SCOTT, J. E. SMITH, J. H. NEAL, COBB-HUNTER, LLOYD, ANTHONY, MACK and HOSEY requested debate on the Bill.
The following Bill was taken up:
S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
Reps. SCOTT, J. E. SMITH, BALES, LLOYD, MILLER, MOODY-LAWRENCE, HOSEY, DAVENPORT, R. BROWN and FREEMAN requested debate on the Bill.
The following Bill was taken up:
S. 1156 (Word version) -- Senator O'Dell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 34 SO AS TO ENACT THE SOUTH CAROLINA IMMUNIZATION REGISTRY ACT WHICH PROVIDES FOR AN ELECTRONIC REPOSITORY OF VACCINATION RECORDS TO BE USED IN AIDING CHILDHOOD DISEASE PREVENTION AND CONTROL.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12580AC04):
Amend the bill, as and if amended, by deleting Section 44-34-20, beginning on page 1 and inserting:
/Section 44-34-20. A person who administers a vaccine or vaccines licensed by the United States Food and Drug Administration to a child under the age of nineteen shall provide for each vaccination to the department within fourteen days of administration, the data considered necessary by the department and appropriate for the purposes of the immunization registry.
Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting the data, shall be required after the registry has established linkages to vaccine providers and must follow immunization registry guidelines established by the United States Centers for Disease Control and Prevention./
Amend the bill further, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 40-47-10 of the 1976 Code is amended to read:
"Section 40-47-10. There is created the State Board of Medical Examiners to be composed of ten twelve members, one three of whom must be a lay member members, one of whom must be a doctor of osteopathy, two of whom must be physicians or surgeons from the State-at-large, and six of whom must be physicians or surgeons representing each of six congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside in the district the member represents. All physician members of the board must be licensed by the board and must be practicing their profession in South Carolina.
The members of the board shall serve for terms of four years or until their successors are appointed and qualify.
The members of the board are limited to two terms. All members of the board have full voting rights.
The One lay member and one physician or surgeon from the State-at-large must be appointed by the Governor, with the advice and consent of the Senate. The board shall conduct an election to nominate one physician or surgeon from the State-at-large. The election must provide for participation by all physicians or surgeons currently licensed and residing in South Carolina. To nominate the physicians or surgeons who will represent the six congressional districts the board shall conduct an election within each district. These elections must provide for participation by all licensed physicians residing in the particular district. The board shall conduct an election to nominate the doctor of osteopathy from the State-at-large, and this election must provide for participation by any physician currently licensed in South Carolina as a doctor of osteopathy. The board shall certify in writing to the Governor the results of each election. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner following another election. Vacancies must be filled in a like manner by appointment by the Governor, with the advice and consent of the Senate, for the unexpired portion of the term.
The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against the member. The member must be given a copy of the charges at the time they are filed.
In addition to the above members of the board, there shall be two additional lay members, one to be appointed by the President Pro Tempore of the Senate and one to be appointed by the Speaker of the House of Representatives."
SECTION __. Section 40-47-211 of the 1976 Code is amended by adding a new paragraph at the end to read:
"In addition to the above members of the commission, each congressional district must be represented by two additional lay members who must be residents of the congressional districts which they represent on the commission. Of these members first elected, one must be elected for an initial term of two years, and one must be elected for an initial term of four years; the initial terms of these members must be set by the General Assembly at the election. Thereafter, all lay members must be elected for three-year terms. These lay members of the commission are limited to three terms. Vacancies must be filled for the remainder of the unexpired term by election in the same manner of original election."/
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
Rep. MACK moved to adjourn debate on the Bill until Wednesday, May 26, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
Rep. SNOW proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2105MM04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. The General Assembly finds that:
(1) isolated wetlands serve important environmental functions such as providing habitat for wildlife, protecting water quality, and providing flood control;
(2) isolated wetlands offer important economic and recreational benefits, such as hunting, fishing, bird watching, and tourism;
(3) isolated wetlands in South Carolina are at risk of degradation, resulting in the need for an effective program to limit the degradation of isolated wetlands and to provide, where and when appropriate, for long-term restoration and enhancement of isolated wetlands in South Carolina that have degraded or have been lost in the past;
(4) changes in federal, state, and local policies have significantly decreased the rate of isolated wetland losses in recent years;
(5) recent interpretations by the court regarding the scope and reach of the federal Clean Water Act may limit the federal government's role in regulating impacts on isolated wetlands;
(6) the State of South Carolina will implement an effective, balanced, statewide program to manage activities in and around isolated wetlands that:
(a) conserves and enhances environmentally significant wetland functions;
(b) requires mitigation to compensate for isolated wetland disturbances;
(c) recognizes the need for essential public infrastructure, such as highways, utilities, ports, airports, sewer systems, and public water supply systems, and the need to preserve strong local tax bases; and
(d) provides for sustained economic growth.
(B) It is the policy of the State of South Carolina to:
(1) enact a permitting program for activities in isolated wetlands under this act that balances isolated wetland protection with economic growth;
(2) conserve isolated wetlands without significant adverse impacts on the state, regional, and local economy, including significant reductions in state and local tax receipts;
(3) encourage the conservation and restoration of wetland functions where appropriate;
(4) implement the regulatory program authorized under this act to ensure that landowners are not denied the use of their property;
(5) streamline the permitting process for minimal impact projects in isolated wetlands;
(6) waive permitting under this act for disturbances of small isolated wetlands;
(7) ensure an efficient and cost-effective isolated wetland regulatory program; and
(8) minimize regulatory gridlock by designating one state agency to implement the regulatory program for wetlands determined to be isolated by the federal government.
B. Title 48 of the 1976 Code is amended by adding:
Section 48-38-10. This chapter is known and may be cited as the 'South Carolina Isolated Wetlands Act of 2004'.
Section 48-38-20. For purposes of this chapter, the following definitions shall apply:
(1) 'Abandoned' means no construction, mining, processing, or reclamation activities have occurred during the previous ten years.
(2) 'Activities' means the discharge of dredged or fill material into waters as defined in Section 48-1-10(2).
(3) 'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands that would have the effect of significantly degrading the wetlands. 'Discharge of dredged or fill material' does not include the excavation of wetlands or any fill associated with the excavation, including but not limited to, temporary stockpiling of excavated material within the wetlands.
(4) 'Cropland' means agricultural land that is:
(a) manipulated, by drainage or other physical alteration to remove excess water from the land; or
(b) used for the production of any annual or perrenial agricultural crop including forage or hay, aquaculture product, nursery product, wetland crop, or livestock.
(5) 'Temporary' means with respect to an impact on isolated wetlands, the disturbance or alteration caused by an activity under a circumstance in which, not later than three years after the commencement of the discharge, the isolated wetlands:
(a) return to the general condition in existence prior to the commencement of the activity; or
(b) display a condition sufficient to ensure that without further human action, the isolated wetlands are likely to return to the general condition in existence prior to the commencement of the activity in five years after the disturbance or alteration.
(6) 'Department' means the South Carolina Department of Health and Environmental Control and all of its subdivisions.
(7) 'Board' means the board of the department.
(8) 'Isolated wetlands' means those areas that are inundated or saturated by water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and that are not regulated under the federal Clean Water Act.
The term 'isolated wetland' does not include:
(i) waste treatment systems, including treatment ponds or lagoons, designed to comply with water quality standards of the State;
(ii) stormwater management facilities, a drainage, or irrigation ditch located in upland;
(iii) an artificially irrigated area that would revert to upland if the irrigation ceased;
(iv) a waterfilled depression created incidental to construction activity, or to excavation activity for the purpose of obtaining fill, sand, gravel, aggregates, or minerals;
(v) cropland;
(vi) depressions in soil resulting from traffic from vehicles and human activity.
(9) 'Visible surface water connection' means a connection via:
(a) contiguous wetlands; or
(b) perennial or intermittent streams.
(10) 'Feasible' means available and capable of being accomplished after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.
(11) 'Mitigation' or 'Mitigation project' means the restoration, enhancement, or creation of wetlands to compensate for impacts to other isolated wetlands. 'Mitigation project' includes using credits from a wetlands mitigation bank.
(12) 'Mitigation bank' means a site where wetlands are restored, created, or preserved expressly for the purpose of providing compensatory mitigation credits for compliance with mitigation requirements of an approved permit in accordance with the provisions of this chapter.
(13) 'Carolina bay' means a shallow, poorly drained, elliptical depression usually found in the Coastal Plain. They typically have a general north-west to south-east orientation of the long axis and are bounded by a low sandy rim.
Section 48-38-30. The classification of an isolated wetland must be based on the determination of the appropriate federal agency. Wetlands that are not regulated under the federal Clean Water Act and that meet the definition of an isolated wetland in this chapter must be classified as an isolated wetland. Wetlands under federal jurisdiction may not be under the jurisdiction of the department for purposes of this chapter. Isolated wetlands are considered private property.
Section 48-38-40. (A) A delineation approved by a federal agency under Section 404 of the federal Clean Water Act are binding for the purposes of this chapter absent the showing of fraud, bad faith, or negligent misrepresentation by the applicant or agent procuring the delineation.
(B) A delineation approved by this section is binding absent a showing of fraud, bad faith, or negligent misrepresentation.
Section 48-38-50. (A) The department, after notice and opportunity to affected parties for comment, may issue permits for the activities in isolated wetlands regulated under this chapter. The department shall prescribe the form of the application for a permit under this chapter. For purposes of implementing this chapter, a request to modify a permit shall be deemed an application for permit.
(B) Within ten calendar days after the receipt of an application for an individual permit, the department shall notify the applicant if the application is complete. If the application is not complete, the department shall include in the notice an itemized list of the information or materials that are necessary to complete the application. If the applicant fails to provide information or materials that are necessary to complete the application within sixty days after the department's receipt of the application, the department may return the incomplete application to the applicant and take no further action on the application.
(C) Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. The department shall accept comments for thirty days concerning the application. The department shall accept requests for a public hearing from affected parties concerning the application for not more than twenty days following the publication of notice concerning the application. If twenty or more affected parties request a public hearing in writing, and if deemed necessary, the department may hold a public hearing on an application. When applicable, joint public hearings must be held with federal or other agencies.
(D) The department may coordinate and receive comments from other agencies before the department issues a permit. State agencies that provide comments or object to the issuance of a permit must defend their objection by providing testimony in defense thereof. The department may deny a permit based on an objection of a federal or state agency, but the department shall issue a permit over the objection of another agency if the department finds justification for issuing the permit.
(E) The department shall provide an explanation to an applicant for an individual permit of the basis for a proposed denial of an application.
(F) If no action has been taken by the department on an application for a permit after one hundred twenty days following submission of the completed application, the permit must be deemed to be issued unless the applicant agrees in writing to an extension.
(G) The department shall make a good faith determination of completeness of any application made. The department may not deny a permit without review and a basis for denial.
(H)(1) applicants are allowed to perform regulated activities in isolated wetlands of up to five contiguous acres. No permit or other department approval is required. However, proof of mitigation must be provided through notification to the department. Proof of mitigation includes, but is not limited to, any one of the following:
(a) documentation of on-site or off-site mitigation in the form of preservation, creation, or buffering or other best management practices that enhance water quality;
(b) proof of purchase of mitigation credits from an appropriate mitigation bank;
(2) an individual or entity that mitigates on-site or off-site through preservation, creation, or enhancement shall utilize a ratio of not less than one-to-one;
(3) an individual or entity that mitigates through the purchase of mitigation credits shall utilize a ratio of five credits per acre of regulated impact.
Section 48-38-60. (A)(1) The department shall determine whether to issue a permit for an activity in isolated wetlands larger than five contiguous acres classified under Section 48-38-30 based on a sequential analysis that seeks, to the maximum extent practical, to:
(a) avoid adverse impact on the isolated wetlands;
(b) minimize the adverse impact on isolated wetland functions that cannot be avoided; and
(c) compensate for any loss of wetland functions that may not be avoided or minimized at the rate of five credits per acre impacted by regulated activities.
(2) The department shall consider as relevant factors:
(a) the costs of mitigation requirements and the social, recreational, and economic benefits associated with the proposed activity, including local, regional, or national needs for improved or expanded infrastructure, minerals, energy, food production, housing, or recreation;
(b) the ability of the permittee to mitigate isolated wetland loss or degradation as measured by isolated wetland functions;
(c) the environmental benefit, measured by isolated wetland functions, that may occur through mitigation efforts, including restoring, preserving, enhancing, or creating isolated wetland functions; and
(d) whether the impact on the isolated wetland is temporary or permanent.
(3) Except as otherwise provided in this section, requirements for mitigation may be imposed when the department finds that an activity undertaken under this section will result in the loss or degradation of isolated wetland functions in an isolated wetland larger than five contiguous acres where the loss or degradation is not temporary or incidental to human activity. When determining mitigation requirements in a specific case, the department shall take into consideration the type of isolated wetland affected by the activity, the nature of the impact on wetland functions, whether any adverse effects on isolated wetlands are of a permanent or temporary nature, and the cost effectiveness of the mitigation, and shall seek to minimize the cost of the mitigation. The mitigation requirement must be calculated based upon the specific impact of a particular project. The department shall consider the mitigation requirement of this section to be met with respect to activities in isolated wetlands if the activities are carried out in accordance with an approved reclamation plan or permit that requires recontouring and revegetation.
(B) Any mitigation under this section must involve a clearly defined mitigation project that is subject to a formal agreement with the department and for which adequate assurance of success and timely implementation have been given, such as long-term monitoring and maintenance provisions and conservation easements. Mitigation banks approved under the Joint State and Federal Administrative Procedures for the Establishment and Operation of Wetland Mitigation Banks in South Carolina must be considered to be in compliance with the requirements of this subsection.
(C) Notwithstanding the provisions of this section, the department may waive requirements for compensatory mitigation if the department finds that there is an abundance of similar isolated wetland functions in the watershed in which the proposed activity is to occur that will continue to serve the functions lost or degraded as a result of the activity, taking into account the impacts of the proposed activity and the cumulative impacts of similar activities in the watershed.
(D) Notwithstanding any other provision of this chapter, the department shall issue a permit if the application has clearly demonstrated that the applicant's property will have virtually no economic use unless a permit is issued for the proposed activity.
(E) Compensatory mitigation must be limited as prescribed in Section 48-38-50(H). If mitigation is required and if on-site mitigation is not a feasible alternative, then off-site mitigation is from a mitigation bank with available credits in the service area. Mitigation in a mitigation bank must be supplied from an approved mitigation bank where wetland functions have already been restored. If a mitigation bank is not available, then an in-lieu bank must be accepted. Mitigation may be in an isolated wetland or in a wetland under federal jurisdiction.
Section 48-38-70. (A) The following activities are not prohibited by or otherwise subject to regulation under this chapter:
(1) normal farming, silviculture, aquaculture, prior converted crop fields, and ranching activities in existence on the effective date of this chapter including, but not limited to, plowing, seeding, cultivating, haying, grazing, normal maintenance activities, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;
(2) activities for the purpose of maintenance including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, flood control channels or other engineered flood control facilities, water control structures, water supply reservoirs, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;
(3) activities for the purpose of maintenance of farm or stock ponds, wildlife management structures, or irrigation canals or ditches, or the maintenance of drainage ditches;
(4) activities for the purpose of construction of temporary stormwater management measures on a construction site that do not include placement of fill material into the navigable waters;
(5) activities for the purpose of construction or maintenance of farm roads, forest roads, temporary roads for moving mining equipment or mined materials, or access roads for utility lines, where the roads are constructed and maintained in accordance with best management practices to assure that the reach of the wetland is not decreased;
(6) activities in isolated wetlands created as the result of normal human or vehicular activity;
(7) mining activities and associated stockpiling of mined materials in isolated wetlands conducted pursuant to a federal, state, regional, or local permit that requires the reclamation of the affected isolated wetlands if the reclamation shall be completed within a reasonable period of time after completion of activities at the site and, upon completion of the reclamation, the isolated wetlands shall support functions generally equivalent to the functions supported by the isolated wetlands at the time of commencement of such activities;
(8) activities for the placement of a structural member for a pile-supported structure, such as a pier or dock, or for a linear project such as a bridge, transmission or distribution line footing, power line structure, or elevated or other walkway. This includes special clearing activities or techniques that meet the Corps of Engineers criteria for exemption for wetlands permitting;
(9) activities related to the emergency maintenance or repair to electrical generation, transmission, or distribution systems, including their ancillary facilities, such as gas pipeline facilities, which are commenced following catastrophic events, whether natural or manmade, or under an emergency order to protect the public's health and safety;
(10) activities necessary for routine and emergency repair, maintenance, replacement of, or minor improvements to systems serving the public such as electricity, natural gas, communications, water, sewer, and railroad;
(11) construction of bulkheads or other structures for the sole purpose of preventing bank erosion or collapse provided no fill is necessary;
(12) repair or replacement of structures or fill in existence on the effective date of this chapter, so long as the original structure is not expanded so as to require additional square footage of regulated areas filled;
(13) fill required for remediation of any hazardous waste site, whether pursuant to the federal Resource Conservation and Recovery Act, or the federal Comprehensive Environmental Response, Compensation and Liability Act or the state's solid or hazardous waste provisions of law;
(14) fill required for compliance with a state or federal order related to enforcement of state or federal statutes regulating fill of waters or wetlands or navigable waters;
(15) activities in an isolated wetland of one contiguous acre or less in size;
(16) property that is wholly owned by a head of household, or by the estate thereof, and transferred in whole or in part to his or her immediate heirs;
(17) construction of transportation infrastructure projects for the state system.
Section 48-38-80. (A) The department, after notice and opportunity to affected parties for comment and a public hearing, shall issue general permits for any category of activities if the department determines that the activities in the category causes only minimal adverse environmental effects when performed separately, and shall have only minimal cumulative adverse effect on the environment. The department may prescribe best management practices for any general permit issued under this section. The department shall consider any optional mitigation proposed by an applicant in determining whether the net adverse environmental effects of a proposed activity are minimal.
(B) No general permit issued under this section may be for a period of more than five years after the date of its issuance and the general permit may be revoked or modified by the department if, after notice and opportunity to affected parties for comment and a public hearing, the department determines that the activities authorized by the general permit have an adverse impact on the environment or the activities are more appropriately authorized by individual permits.
(C) Adoption or change of a general permit under this chapter must be noticed in the South Carolina State Register.
Section 48-38-90. (A) Appeal of a federal delineation shall follow the federal appeals process.
(B) The applicant or other affected person with standing to contest the grant or denial of an application may request a contested case proceeding pursuant to the Administrative Procedures Act.
Section 48-38-100. (A) The department shall use this chapter as the sole authority for permitting of isolated wetlands. Notwithstanding any other provision of law or regulation, the department shall not use another permit or certification to enforce regulations or otherwise manage or govern activities in an isolated wetland.
(B) No regional or local government may prescribe or attempt to enforce any control or regulation with respect to any isolated wetland subject to the jurisdiction of the State under this act. Nothing in this section precludes a local government from adopting ordinances which are not inconsistent with this act.
Section 48-38-110. (A) The department, within eighteen months after the effective date of this chapter and in consultation with appropriate state agencies and stakeholders in the regulated community, shall issue regulations to implement this chapter.
(B) The department is authorized to promulgate a schedule of fees, subject to the Administrative Procedures Act, for providing services necessary to operate the permitting program and is further authorized to retain the fees for the operation of the permitting program. The amount of the fees may not exceed the cost of operating the isolated wetlands permitting program."
Section 48-38-130. Notwithstanding the provisions of this chapter, activities resulting in an impact to a Carolina Bay are prohibited. These activities include, but are not limited to:
(1) discharge of dredge or fill material;
(2) construction of ditches and other drainage structures.
D. Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-945. Property that is mapped or delineated as isolated wetlands must be considered undeveloped property for assessment purposes until such time as the landowner obtains a permit in the manner provided by law that allows the property to be developed."
E. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-95. Any nationwide permit shall be deemed to comply with the applicable water quality criteria and coastal zone management criteria of the State without any further terms or conditions imposed by the department. The department may not impose any additional conditions, terms, or limitations on any nationwide permit. For the purposes of this section, a 'nationwide permit' shall be a permit promulgated pursuant to 33 C.F.R. Part 330, as amended, adopted, or approved by the Charleston District of the United States Army Corps of Engineers."
F. Section 48-39-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by department, and the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:
'The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not'.
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three- year time limit and where manmade alterations change the critical area line. Notwithstanding any other provision of this chapter, a critical area delineation incorporated or otherwise referenced in any provision of a permit issued by the department shall be valid for the term of the permit."
G. This section takes effect January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. KEEGAN moved to table the amendment, which was rejected by a division vote of 35 to 38.
Rep. LOURIE raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4767 (Word version) -- Reps. J. E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4475 (Word version) -- Reps. Harrell, W. D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E. H. Pitts, Quinn, Rice, Richardson, Simrill, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J. M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
Reps. HARRELL, WILKINS and W. D. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\22735HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 11-11-180(B) as contained in SECTION 2, page 2, and inserting:
/ (B) Notwithstanding any other provision of law, upon a determination by the Comptroller General that, at the close of a fiscal year, funds will be if the Comptroller General reports an operating deficit for the preceding fiscal year and it is determined funds are needed to balance the Budgetary General Fund after the use of the General Reserve Fund as provided in Section 11-11-310(B) of the 1976 Code, the State Budget and Control Board is authorized to borrow the amount needed to balance the Budgetary General Fund by borrowing from any department of state government any surplus to the credit of the state department which may be on hand in the office Office of the State Treasurer to the credit of any such department. Upon approval by the State Budget and Control Board of a repayment schedule, the State Treasurer is authorized to transfer to the State Budget and Control Board from the general fund the amount necessary to repay the loan with interest no later than June 30th of the following fiscal year. This provision takes effect upon signature of the Governor. /
Amend further, beginning on page 2, by striking SECTIONS 3 AND 4 and inserting:
/ SECTION 3. (A) At the close of the state's 2003-2004 fiscal year, the State Treasurer is directed to transfer an amount up to fifty million dollars from the General Reserve Fund to partially offset the fiscal year 2001-2002 accumulated general fund operating deficit.
(B) To the extent balances in the Capital Reserve Fund for fiscal years 2004-2005 and 2005-2006 are available for appropriation by the General Assembly, as provided in Article III, Section 36(B)(2) of the Constitution of this State and Section 11-11-320, it is the intent of the General Assembly to offset any remaining fiscal year 2001-2002 accumulated operating deficit in an amount not to exceed fifty million dollars in fiscal year 2004-2005 and fifty-five million dollars in fiscal year 2005-2006, if so much is necessary, as the first order of priority in the appropriation of the Capital Reserve Fund for the respective fiscal years.
(C) The General Assembly declares that the term 'other nonrecurring purposes' pursuant to Article III, Section 36(B)(2) of the Constitution of this State includes operating deficits from previous fiscal years.
SECTION 4. (A) In addition to all other applicable limitations on general fund appropriations and notwithstanding any other provisions of law, for fiscal years 2004-2005 through 2008-2009, except as provided in subsection (C), total general fund appropriations for the fiscal year may not exceed appropriations for the preceding fiscal year by more than three percent. The Office of State Budget shall certify to the Governor and the chairmen respectively of the House Ways and Means Committee and Senate Finance Committee the total general fund appropriations allowed for a fiscal year pursuant to this section. In calculating the limitation, there must be removed from general fund appropriations for the preceding year any amounts determined by the Office of State Budget to be nonrecurring. Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposedd budget conforms to the limitation imposed by this section. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.
(B) Notwithstanding any other provisions of law providing for the uses of surplus general fund revenues, for any fiscal year 2004-2005 through 2008-2009 for which the Comptroller General reports a surplus pursuant to Section 11-11-180(A) of the 1976 Code, to the extent any fiscal year 2001-2002 accumulated general fund operating deficit remains:
(1) the State Treasurer shall transfer to the appropriate depository accounts the amount of any surplus necessary to address any remaining fiscal year 2001-2002 accumulated general fund operating deficit;
(2) should any surplus remain after item (1) is accomplished, the remaining surplus must be applied to restore the General Reserve Fund to the amount required pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code; and
(3) should any surplus remain after items (1) and (2) are accomplished, the balance is deemed Capital Reserve Fund revenues and must be appropriated in the manner and used for the purposes provided by law for the Capital Reserve Fund.
(C) When the fiscal year 2001-2002 accumulated general fund operating deficit is repaid and the General Reserve Fund is fully restored pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code, the provisions of this section no longer apply. /
Amend further, in SECTION 5, page 4, line 11, by striking / 34A / and inserting / 36 /.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3987 (Word version) -- Reps. White, Altman and Toole: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
Rep. TRIPP made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up:
H. 5331 (Word version) -- Reps. Harvin, G. M. Smith and Kennedy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 108 ALONG INTERSTATE HIGHWAY 95 IN CLARENDON COUNTY THE "BRIGGS, DELAINE, PEARSON INTERCHANGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "BRIGGS, DELAINE, PEARSON INTERCHANGE".
Whereas, African American families that resided in this State in the 1940's and 1950's were subjected to the harsh conditions imposed upon them by a segregated society; and
Whereas, a group of courageous Clarendon County community leaders, parents, children, and families dedicated themselves toward building better lives for themselves as well as future generations by being part of the first legal challenges that attacked racial segregation in the public schools in our State and nation. Their efforts led to the filing of Pearson vs. County Board of Education, Briggs vs. Elliott, and ultimately Brown vs. Board of Education of Topeka, Kansas, which struck down the doctrine of "separate but equal" in public education and paved the way for the integration of public schools throughout this nation; and
Whereas, led by Reverend Joseph Armstrong DeLaine, the following brave Clarendon County parents of children who were forced to receive their education in a segregated school system which was clearly separate and unequal placed their names and the names of their children on legal petitions that demanded that a quality education be afforded all students of Clarendon County: Levi Pearson, Harry Briggs, Annie Gibson, Mose Oliver, Bennie Parson, Edward Ragin, William Ragin, Lucrisha Richardson, Lee Richardson, James H. Bennett, Mary Oliver, William M. "Bo" Stukes, G.H. Henry, Robert Georgia, Rebecca Richburg, Gabriel Tindal, Susan Lawson, Frederick Oliver, Onetha Bennett, Hazel Ragin, and Henry Scott; and
Whereas, it is fitting and proper for the members of the General Assembly to permanently recognize the unselfish acts of this courageous group of individuals by naming an interchange along Interstate Highway 95 in Clarendon County in honor of Reverend Joseph Armstrong DeLaine, Levi Pearson, and Harry Briggs, three of the most prominent individuals among this group that led the battle to desegregate the public schools in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the interchange located at Exit 108 along Interstate Highway 95 in Clarendon County the "Briggs, DeLaine, Pearson Interchange", and erect appropriate signs or markers at this interchange containing the words "Briggs, DeLaine, Pearson Interchange".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1242 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 703 CAUSEWAY IN CHARLESTON COUNTY, FROM SULLIVAN'S ISLAND TO THE BEN SAWYER BRIDGE, IN HONOR OF LOUIS STITH, SR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH ENDS OF THE CAUSEWAY CONTAINING THE WORDS "LOUIS STITH SR. MEMORIAL CAUSEWAY".
Whereas, the late Louis Stith, Sr. spent a lifetime serving the Town of Sullivan's Island and surrounding communities, the State of South Carolina, and this nation; and
Whereas, the members of the General Assembly consider it both appropriate and a privilege to recognize those vital contributions and his lifetime of service by naming the Highway 703 Causeway in Charleston County, between the point at which it leaves Sullivan's Island and the beginning of the Ben Sawyer Bridge, the "Louis Stith Sr. Memorial Causeway". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request the South Carolina Department of Transportation to name the Highway 703 Causeway in Charleston County from Sullivan's Island to the Ben Sawyer Bridge in honor of Louis Stith, Sr. and to erect appropriate markers or signs at both ends of the causeway containing the words "Louis Stith Sr. Memorial Causeway".
Be it further resolved that a copy of this resolution be forwarded to Mayor J. Marshall Stith of Sullivan's Island and the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. ALTMAN moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 25, 2004
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 6th Congressional District
Vice: Mary T. Williams
Initial Appointment
Ms. Priscilla L. Tanner
P.O. Box 85
Johnsonville, South Carolina 29555
843-386-2152
Very respectfully,
President of the Senate
Received as information.
On motion of Rep. PINSON, with unanimous consent, the following was taken up for immediate consideration:
H. 5362 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS OF THE CAMBRIDGE ACADEMY TENNIS TEAM AND THEIR COACHING STAFF AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON WINNING THE SCISA CLASS A CHAMPIONSHIP TENNIS COMPETITION.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members of the Cambridge Academy Tennis Team and their coaching staff at a date and time to be determined by the Speaker, to congratulate them on winning the SCISA Class A Championship Tennis Competition.
The Resolution was adopted.
The following was introduced:
H. 5363 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF CAMBRIDGE ACADEMY TENNIS TEAM AND THEIR COACHING STAFF, ON CAPTURING THE SCISA CLASS A CHAMPIONSHIP TITLE.
The Resolution was adopted.
On motion of Rep. PINSON, with unanimous consent, the following was taken up for immediate consideration:
H. 5364 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MEMBERS OF THE GREENWOOD CHRISTIAN SCHOOL VARSITY GIRLS SOCCER TEAM AND THEIR COACHING STAFF ON THURSDAY, MAY 27, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON WINNING THE SCISA REGION AA STATE CHAMPIONSHIP SOCCER COMPETITION.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the members of the Greenwood Christian School varsity girls soccer team and their coaching staff on Thursday, May 27, 2004, at a time to be determined by the Speaker, to congratulate them on winning the SCISA Region AA Championship Soccer Competition.
The Resolution was adopted.
The following was introduced:
H. 5365 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF GREENWOOD'S EMERALD HIGH SCHOOL BOYS SOCCER TEAM AND THEIR COACHING STAFF ON CAPTURING THE 2004 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO COMMEND THEM ON THEIR DEDICATION TO BEING A CHAMPIONSHIP TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5366 (Word version) -- Rep. Pinson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE GREENWOOD CHRISTIAN SCHOOL VARSITY GIRLS SOCCER TEAM AND THEIR COACHING STAFF FOR WINNING THE SCISA REGION AA STATE CHAMPIONSHIP AND TO COMMEND THEM ON THEIR HARD WORK AND DETERMINATION TO BECOME A CHAMPIONSHIP TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5367 (Word version) -- Reps. Huggins, McLeod and Quinn: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THOMAS HAMILL, GRAND MARSHAL OF THE CHAPIN LABOR DAY PARADE, FOR HIS HEROIC ESCAPE FROM CAPTIVITY IN IRAQ AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5368 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, SEPTEMBER 23, 2004, AT TIMES TO BE DETERMINED BY THE SPEAKER.
The Resolution was adopted.
The following was introduced:
H. 5369 (Word version) -- Reps. Sandifer, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEMORATE DUKE POWER, ITS EMPLOYEES AND RETIREES, ON ITS 100TH ANNIVERSARY, AND EXTEND BEST WISHES FOR CONTINUED SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5370 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER OF A PERSON'S SPOUSE WHILE THE PERSON IS SUBJECT TO A VALID ORDER OF PROTECTION, THE PERSON IS VIOLATING A CONDITION OF BOND, OR THE PERSON IS VIOLATING A RESTRAINING ORDER AND THE MURDER OF A PERSON'S SPOUSE IF THE PERSON HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE.
Referred to Committee on Judiciary
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1146 (Word version) -- Senator Peeler: A BILL TO AMEND ARTICLE 1, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICE, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS, CHANGE THE PROCEDURE FOR SUSPENSION OR REVOCATION OF A LICENSE OR A PERMIT, PROVIDE CERTAIN ACTS FOR WHICH A SERVICE MAY BE FINED, PROVIDE CERTAIN CRIMES THAT IF COMMITTED REQUIRE THE DENIAL OF CERTIFICATION, PROVIDE INSTANCES OF MISCONDUCT AND THE SUSPENSION OF A CERTIFICATE PENDING INVESTIGATION OF A COMPLAINT OF MISCONDUCT, PROVIDE FOR AN ADDITIONAL EXEMPTION, CHANGE REFERENCES TO REGULATIONS, PROVIDE FOR CONFIDENTIALITY OF PATIENT CARE RECORDS, CLARIFY LANGUAGE, AND REVISE REFERENCES.
Rep. MACK explained the Bill.
Rep. OTT moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.
The following Bill was taken up:
S. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
Reps. HAYES, E. H. PITTS, KENNEDY, WALKER, ANTHONY, MILLER, MOODY-LAWRENCE, GOVAN, J. HINES, J. H. NEAL, WEEKS, PHILLIPS and HOSEY objected to the Bill.
The following Bill was taken up:
S. 821 (Word version) -- Senators Short and Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE 'BREAST CANCER AWARENESS' MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6081CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7800. (A) The department may issue 'Breast Cancer Awareness' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol associated with breast cancer. The South Carolina Chapter of the American Cancer Society shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The South Carolina Chapter of the American Cancer Society may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty-five dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. Of the remaining funds collected from the special motor vehicle license fee, twenty-five percent must be deposited with the State Treasurer in a separate fund for the Department of Health and Environmental Control to use solely to expand the services of the Best Chance Network, and seventy-five percent must be distributed to the South Carolina Chapter of the American Cancer Society to support the following programs:
(1) Tell-A-Friend;
(2) Reach to Recovery; and
(3) Look Good...Feel Better.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:
"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION 3. Section 56-3-2350 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 56-3-2350. A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c) if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."
SECTION 4. SECTIONS 1 and 3 of this act takes effect upon approval by the Governor. SECTION 2 takes effect on July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1103 (Word version) -- Senators Peeler, Hayes and Gregory: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6080CM04), which was adopted:
Amend the bill, as and if amended, Section 56-3-8600(B), as contained in SECTION 1, page 2, by striking Section 56-3-8600(B) and inserting:
/ (B) Notwithstanding any other provision of law, from the fees collected, pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing this license plate and administering the plates. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina, administered by the South Carolina Ducks Unlimited State Committee, and deposited in an appropriate non-profit account designated by the South Carolina Ducks Unlimited State Committee. /
Amend the bill further, by striking SECTION 2 on page 3 and inserting:
/ SECTION 2. Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:
"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION 3. Section 56-3-2350 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 56-3-2350. A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c) if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."
SECTION 4. SECTIONS 1 and 3 of this act take effect upon approval by the Governor. SECTION 2 takes effect on July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22232CM03):
Amend the bill, as and if amended, Section 57-23-50(A)(9), as contained in SECTION 1, by striking line 41 and inserting:
/ (9) a representative of Palmetto /
When amended, Section 57-23-50(A)(9) shall read:
/ (9) a representative of Palmetto Pride; /
Amend the bill further, Section 57-23-50(B), as contained in SECTION 1, page 2, by striking / items / on line 11, and inserting / subitem (A) /. When amended, Section 57-23-50(B) shall read:
/ (B) All members of the committee shall serve for a term of two years and, with the exception of the appointments made pursuant to items subitems (A)(1) and (2), all appointments must be made by the Governor with the advice and consent of the Senate. Members of the committee shall serve without compensation or reimbursement. /
Amend the bill further, by striking SECTION 2, page 2, and inserting:
/ SECTION 2. Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:
"Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:.
(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.
(2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.
(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.
(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.
(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.
(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."
SECTION 3. This act shall take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved to adjourn debate on the Bill until Wednesday, May 26, which was agreed to.
The following Bill was taken up:
S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3956DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2265. When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prohibit licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited for licensing, placement, service as a volunteer, or employment."
SECTION 2. Article 1, Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-35. The Department of Probation, Parole and Pardon Services Board shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime."
SECTION 3. Section 20-7-1642 of the 1976 Code is further amended by adding at the end:
"(C) This section does not prevent foster care placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services."
SECTION 4. Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:
"This section does not prohibit employment or provision of caregiver services when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment or to provide caregiver services."
SECTION 5. Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prohibit licensing when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."
SECTION 6. Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator."
SECTION 7. Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prohibit approval when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 8. Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prohibit renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 9. Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not operate to prohibit registration or renewal when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."
SECTION 10. Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:
"This section does not prohibit licensing, registration, or the renewal of a license or registration when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or otherwise unsuited to be an operator, caregiver, or employee."
SECTION 11. Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prohibit employment when a conviction or plea of guilty or nolo contendere for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for employment."
SECTION 12. Section 24-3-550(A)(2) of the 1976 Code, as last amended by Act 124 of 1997, is further amended to read:
"(2) the solicitor, or an assistant solicitor or former solicitor designated by the solicitor, for the county where the offense occurred;"
SECTION 13. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding at the end:
"(C) The board shall conduct all parole hearings in cases that relate to a single victim on the same day.
(D) Upon the request of a victim, the board may allow the victim and an offender to appear simultaneously before the board for the purpose of providing testimony."
SECTION 14. Section 24-21-710(E) of the 1976 Code, as added by Act 57 of 1995, is amended to read:
"(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may shall install, maintain, and operate a closed circuit television system systems at a location locations determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board during a parole hearing."
SECTION 15. This act takes effect by approval by the Governor. /
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2265 SO AS TO PROVIDE THAT WHEN A PROVISION OF LAW OR REGULATION PROVIDES FOR A CRIMINAL HISTORY BACKGROUND CHECK IN CONNECTION WITH LICENSING, PLACEMENT, SERVICE AS A VOLUNTEER, OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, THE PROVISION OF LAW OR REGULATION MAY NOT OPERATE TO PROHIBIT THESE ACTIONS WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; BY ADDING SECTION 24-21-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BOARD SHALL MAKE ITS ADMINISTRATIVE RECOMMENDATIONS AVAILABLE TO A VICTIM OF A CRIME BEFORE IT CONDUCTS A PAROLE HEARING FOR THE PERPETRATOR OF THE CRIME; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO THE PROHIBITION OF FOSTER CARE PLACEMENT OF A CHILD WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT THE PLACEMENT IS AUTHORIZED WHEN THE CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES IS PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2725, AS AMENDED, RELATING TO THE PROHIBITION OF EMPLOYING CERTAIN PERSONS AT A CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT OR PROVISION CAREGIVER SERVICES WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE OF CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2730, AS AMENDED, RELATING TO LICENSING OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSING A CHILDCARE CENTER OR GROUP CHILDCARE CENTER, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2800, AS AMENDED, RELATING TO THE APPLICATION FOR A STATEMENT OF STANDARD CONFORMITY OR APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT APPROVAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2810, AS AMENDED, RELATING TO THE RENEWAL OF THE APPROVAL FOR THE OPERATION OF A PUBLIC CHILDCARE CENTER OR GROUP CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2850, AS AMENDED, RELATING TO THE REGISTRATION OF AN OPERATOR OF A FAMILY CHILDCARE HOME, SO AS TO PROVIDE THAT THIS SECTION DOES NOT OPERATE TO PROHIBIT REGISTRATION OR RENEWAL WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO THE REGISTRATION AND INSPECTION OF A CHILDCARE CENTER OR GROUP CHILDCARE HOME OPERATED BY A CHURCH OR RELIGIOUS COLLEGE OR UNIVERSITY, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT LICENSING, REGISTRATION, OR RENEWAL OF A LICENSE OR REGISTRATION WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 20-7-3097, AS AMENDED, RELATING TO THE REQUIREMENT THAT BEFORE THE DEPARTMENT OF SOCIAL SERVICES EMPLOYS A PERSON IN ITS CHILDCARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISIONS THE PERSON SHALL UNDERGO A STATE FINGERPRINT REVIEW TO BE CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT EMPLOYMENT WHEN A CONVICTION OR PLEA OF GUILTY OR NOLO CONTENDERE FOR CERTAIN CRIMES HAS BEEN PARDONED AND TO PROVIDE ADDITIONAL CONDITIONS; TO AMEND SECTION 24-3-550, AS AMENDED, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO AUTHORIZE A FORMER SOLICITOR TO BE PRESENT AT THE EXECUTION; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE BOARD MEETINGS, SO AS TO PROVIDE THAT THE BOARD SHALL CONDUCT ALL PAROLE HEARINGS IN CASES THAT RELATE TO A SINGLE VICTIM ON THE SAME DAY AND TO PROVIDE THAT UPON THE REQUEST OF A VICTIM, THE BOARD MAY ALLOW THE VICTIM AND AN OFFENDER TO APPEAR SIMULTANEOUSLY BEFORE THE BOARD FOR THE PURPOSE OF PROVIDING TESTIMONY; AND TO AMEND SECTION 24-21-710, AS AMENDED, RELATING TO FILM, VIDEOTAPE, OR OTHER ELECTRONIC INFORMATION THAT MAY BE CONSIDERED BY THE PAROLE BOARD WHEN IT MAKES A PAROLE DETERMINATION, SO AS TO PROVIDE THAT THE BOARD SHALL MAINTAIN AND ALLOW CRIME VICTIMS TO APPEAR BEFORE THE BOARD DURING PAROLE HEARINGS VIA A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM. /
Renumber sections to conform.
Rep. LUCAS explained the amendment.
The SPEAKER granted Rep. SINCLAIR a leave of absence for the remainder of the day.
Rep. LUCAS continued speaking.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12598AC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 44-6-30 of the 1976 Code is amended to read:
"Section 44-6-30. The department shall:
(1) Administer Title XIX of the Social Security Act (Medicaid), including the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System.
(2) Be designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act.
(3) Administer the Social Services Block Grant Program.
(4) Be prohibited from engaging in the delivery of services."
B. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-135. The State Department shall administer the Social Services Block Grant Program."/
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. LUCAS proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3966DW04):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 23-3-430 of the 1976 Code is amended by adding at the end:
"(F) If an offender is required to register as provided by law, and receives a pardon for that offense, the offender may not be removed from the registry except as provided:
(1) by the provisions of Section 23-3-430(E);
(2) if the pardon or equivalent procedure is based on a finding of innocence or not guilty. A finding of innocence or not guilty must be stated in the pardon; or
(3) if after the time post conviction relief has expired, a person offers discovered evidence to the circuit court in the county of conviction, after service of notice on the solicitor, and the court finds beyond a reasonable doubt that the conviction must be overturned." /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. LUCAS moved to adjourn debate on the amendment, which was agreed to.
Rep. LUCAS proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3966DW04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 23-3-430 of the 1976 Code is amended by adding at the end:
"(F) If an offender is required to register as provided by law, and receives a pardon for that offense, the offender may not be removed from the registry except as provided:
(1) by the provisions of Section 23-3-430(E);
(2) if the pardon or equivalent procedure is based on a finding of innocence or not guilty. A finding of innocence or not guilty must be stated in the pardon; or
(3) if after the time post conviction relief has expired, a person offers discovered evidence to the circuit court in the county of conviction, after service of notice on the solicitor, and the court finds beyond a reasonable doubt that the conviction must be overturned." /
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
Reps. TRIPP, CATO, PERRY, WALKER, MOODY-LAWRENCE, WITHERSPOON, LOFTIS, DAVENPORT, J. R. SMITH, OTT, LITTLEJOHN, SCOTT, ANTHONY, JENNINGS, HAYES, GOVAN, LEACH, HOSEY, WEEKS, MAHAFFEY and DUNCAN requested debate on the Bill.
The following Bill was taken up:
S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
Rep. HERBKERSMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10364SJ04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 23, Title 59 of the 1976 Code is amended by adding:
Section 59-23-510. (A) The General Assembly finds that:
(1) there is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of education facilities and other public infrastructure and government facilities within the State that serve a public need and purpose;
(2) the public need may not be wholly satisfied by existing methods of procurement in which qualifying projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, or operated;
(3) there are inadequate resources to develop new education facilities and other public infrastructure and government facilities for the benefit of citizens of the State, and there is demonstrated evidence that public-private partnerships can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public;
(4) financial incentives exist under state and federal tax provisions that promote public entities to enter into partnerships with private entities to develop qualifying projects; and
(5) authorizing private entities to acquire, design, construct, improve, renovate, expand, equip, maintain, or operate qualifying projects may result in the availability of these projects to the public in a more timely or less costly fashion, serving the public safety, benefit, and welfare.
(B) An action pursuant to Section 59-23-540 serves the public purpose of this article if the action facilitates the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of qualifying projects.
(C) It is the intent of this article, among other things, to facilitate the bond financing provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 or other similar financing mechanisms, private capital, and other funding sources that support the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of qualifying projects, so that financing for qualifying projects may be expanded and accelerated to improve and add to the convenience of the public and so that public and private entities may have the greatest possible flexibility in contracting with each other for the provision of the public services pursuant to this article.
(D) This article must be liberally construed in conformity with the purposes set forth.
Section 59-23-520. As used in this article, unless the context requires a different meaning:
(1) 'Affected local jurisdiction' means a county, city, or town in which all or a portion of a qualifying project is located.
(2) 'Commission' means the Public Service Commission.
(3) 'Comprehensive agreement' means the comprehensive agreement between the operator and the responsible public entity required by Section 59-23-590.
(4) 'Lease payment' means a form a payment, including a land lease, by a public entity to the operator for the use of a qualifying project.
(5) 'Material default' means a default by the operator in the performance of its duties pursuant to Section 59-23-580(E) that jeopardizes adequate service to the public from a qualifying project.
(6) 'Operator' means the private or other nongovernmental entity that is responsible for stages of a qualifying project, or a portion of it, including:
(a) acquisition,
(b) design,
(c) construction,
(d) improvement,
(e) renovation,
(f) expansion,
(g) equipping,
(h) maintenance, and
(i) operation.
(7) 'Private entity' means a natural person, corporation, limited liability company, partnership, joint venture, or another private business entity.
(8) 'Public entity' means the State or an agency of the State; a county, city, town, or another political subdivision of the State; or a regional entity that serves a public purpose.
(9) 'Qualifying project' means:
(a) an education facility, including, but not limited to:
(i) a school building;
(ii) a functionally related and subordinate facility or land to a school building, including a stadium or another facility primarily used for school events; and
(iii) a depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education;
(b) a building or facility for principal use by a public entity;
(c) improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity;
(d) utility, telecommunications, and other communications infrastructure; or
(e) a recreational facility.
(10) 'Responsible public entity' means a public entity that may acquire, design, construct, improve, renovate, expand, equip, maintain, or operate the applicable qualifying project.
(11) 'Revenues' means user fees, lease payments, or other service payments generated by a qualifying project.
(12) 'Service contract' means a contract entered into between a public entity and the operator pursuant to Section 59-23-550.
(13) 'Service payments' means payments to the operator of a qualifying project pursuant to a service contract.
(14) 'State' means the State of South Carolina.
(15) 'User fees' means the rates, fees, or other charges imposed by the operator of a qualifying project for use of all or a portion of the qualifying project pursuant to the comprehensive agreement pursuant to Section 59-23-590.
Section 59-23-530. A private entity seeking authorization pursuant to this article to acquire, design, construct, improve, renovate, expand, equip, maintain, or operate a qualifying project first shall obtain approval of the responsible public entity pursuant to Section 59-23-540. The private entity may initiate the approval process by requesting approval pursuant to Section 59-23-540(A) or the responsible public entity may request proposals or invite bids pursuant to Section 59-23-540(B).
Section 59-23-540. (A) A private entity may request approval of a qualifying project by the responsible public entity. The request must be accompanied by the following material and information unless waived by the responsible public entity:
(1) a topographic map, 1:2,000 or other appropriate scale, indicating the location of the qualifying project;
(2) a description of the qualifying project, including the conceptual design of the facility or a conceptual plan for the provision of services, and a schedule for the initiation of and completion of the qualifying project to include the proposed major responsibilities and timeline for activities to be performed by both the public and private entities;
(3) a statement setting forth the method by which the operator proposes to secure necessary property interests required for the qualifying project. The statement shall include:
(a) the names and addresses, if known, of the current owners of the property needed for the qualifying project;
(b) the nature of the property interests to be acquired; and
(c) property that the responsible public entity expects it will be requested to condemn;
(4) information relating to the current plans for development of facilities to be used by a public entity that are similar to the qualifying project being proposed by the private entity, if any, of each affected local jurisdiction;
(5) a list of permits and approvals required for the qualifying project from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
(6) a list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the operator to accommodate the crossings;
(7) a statement setting forth the operator's general plans for financing the qualifying project including the sources of the operator's funds;
(8) the names and addresses of the persons who may be contacted for further information concerning the request;
(9) user fees, lease payments, and other service payments over the term of the comprehensive agreement pursuant to Section 59-23-590 and the methodology and circumstances for changes to the user fees, lease payments, and other service payments over time; and
(10) additional material and information as the responsible public entity may reasonably request.
(B) The responsible public entity may request proposals or invite bids from private entities for the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of qualifying projects.
(C)(1) The responsible public entity may grant approval of the acquisition, construction, improvement, renovation, expansion, maintenance, or operation of the education facility or other public infrastructure or government facility needed by a public entity as a qualifying project, or the design or equipping of a qualifying project acquired, constructed, improved, renovated, expanded, maintained, or operated, if the responsible public entity determines that the project serves the public purpose of this article. The responsible public entity may determine that the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project as a qualifying project serves the public purpose if:
(a) there is a public need for or benefit derived from the qualifying project of the type the private entity proposed as a qualifying project;
(b) the estimated cost of the qualifying project is reasonable in relation to similar facilities; and
(c) the private entity's plans will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project.
(2) In evaluating a request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.
(D) The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request, including without limitation, reasonable attorney's fees and fees for financial and other necessary advisors or consultants.
(E) The approval of the responsible public entity is subject to the private entity's entering into a comprehensive agreement pursuant to Section 59-23-590 with the responsible public entity.
(F) In connection with its approval of the qualifying project, the responsible public entity shall establish a date for the commencement of activities related to the qualifying project. The responsible public entity may extend the date from time to time.
(G) The responsible public entity shall take appropriate action to protect confidential and proprietary information provided by the operator.
(H) Nothing in this article or in a comprehensive agreement entered into pursuant to this article enlarges, diminishes, or affects the authority otherwise possessed by the responsible public entity to take action that would impact the debt capacity of the State.
Section 59-23-545. Nothing contained in this article permits a local jurisdiction or public entity to exceed the constitutional debt limitations applicable to it. Any debt or obligation incurred by the private entity or operator pursuant to a comprehensive agreement in conjunction with the acquisition, design, construction, improvement, renovation, expansion, or equipping of a qualifying project permitted under this article shall be considered general obligation debt of the local jurisdiction or public entity regardless of how described for the purpose of determining the applicable constitutional debt limitation of that jurisdiction or entity if the local jurisdiction or public entity uses its ad valorem property taxing authority or pledges its full faith and credit to generate funding in order to meet all or any portion of its payment obligations under the comprehensive agreement.
Section 59-23-550. In addition to authority otherwise conferred by law, a public entity may contract with an operator for the delivery of services to be provided as part of a qualifying project in exchange for service payments and other consideration as the public entity considers appropriate.
Section 59-23-560. (A) A private entity requesting approval from, or submitting a proposal to, a responsible public entity pursuant to Section 59-23-540 shall notify each affected local jurisdiction by furnishing a copy of its request or proposal to each affected local jurisdiction.
(B) Each affected local jurisdiction that is not a responsible public entity for the respective qualifying project shall, within sixty days after receiving the notice, submit comments in writing on the proposed qualifying project to the responsible public entity and indicate whether the facility is compatible with the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or other government spending plan. The comments must be considered by the responsible public entity before entering a comprehensive agreement with a private entity pursuant to Section 59-23-590.
Section 59-23-570. A public entity may dedicate a property interest, including land, improvements, and tangible personal property, that it has for public use in a qualifying project if it finds that so doing will serve the public purpose of this article by minimizing the cost of a qualifying project to the public entity or reducing the delivery time of a qualifying project. In connection with the dedication of a property interest, a public entity may convey a property interest, subject to the conditions imposed by general law, to the operator subject to the provisions of this article, for consideration that the public entity may determine. The public entity's consideration may include, without limitation, the agreement of the operator to operate the qualifying project.
Section 59-23-580. (A) The operator has the power allowed by law generally to a private entity having the same form of organization as the operator and may acquire, design, construct, improve, renovate, maintain, expand, equip, or operate the qualifying project and collect lease payments, impose user fees, or enter into service contracts in connection with the use of the qualifying project.
(B) The operator may own, lease, or acquire another right to use or operate the qualifying project.
(C) Financing of the qualifying project may be in amounts and upon the terms and conditions as determined by the operator. The operator may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions and secure financing with a pledge of, security interest in, or lien on its property, including its property interests in the qualifying project.
(D) In operating the qualifying project, the operator may:
(1) make classifications according to reasonable categories for assessment of user fees; and
(2) with the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to similar facilities.
(E) The operator shall:
(1) acquire, design, construct, improve, renovate, expand, equip, maintain, or operate the qualifying project in a manner that is acceptable to the responsible public entity, according to the provisions of the comprehensive agreement pursuant to Section 59-23-590;
(2) keep the qualifying project open for use by the members of the public as appropriate based upon the use of the facility after its initial opening upon payment of the applicable user fees, lease payments, or service payments; provided that the qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures;
(3) maintain or provide by contract for the maintenance of the qualifying project if required by the comprehensive agreement;
(4) cooperate with the responsible public entity in making best efforts to establish an interconnection with the qualifying project requested by the responsible public entity; and
(5) comply with the provisions of the comprehensive agreement and a service contract.
(F) Nothing prohibits an operator of a qualifying project from providing additional services for the qualifying project to public or private entities other than the responsible public entity as long as the provision of additional service does not impair the operator's ability to meet its commitments to the responsible public entity pursuant to the comprehensive agreement as provided for in Section 59-23-590.
Section 59-23-590. (A) Before acquiring, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating the qualifying project, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for:
(1) delivery of maintenance, performance, and payment bonds or letters of credit in connection with the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project in the forms and amounts satisfactory to the responsible public entity;
(2) review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to standards acceptable to the responsible public entity. This must not be construed to require the private entity to complete design of a qualifying project before the execution of a comprehensive agreement;
(3) inspection of the qualifying project by the responsible public entity to ensure that the operator's activities are acceptable to the responsible public entity according to the provisions of the comprehensive agreement;
(4) maintenance of a policy of public liability insurance, copies of which must be filed with the responsible public entity accompanied by proof of coverage, and self-insurance, in form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project;
(5) monitoring of the practices of the operator by the responsible public entity to ensure that the qualifying project is properly maintained;
(6) reimbursement to be paid to the responsible public entity for services provided by the responsible public entity;
(7) filing of appropriate financial statements on a periodic basis; and
(8) policies and procedures governing the rights and responsibilities of the responsible public entity and the operator in the event the comprehensive agreement is terminated or there is a material default by the operator. The policies and procedures must include conditions governing assumption of the duties and responsibilities of the operator by the responsible public entity and the transfer or purchase of property or other interests of the operator by the responsible public entity.
(B) The comprehensive agreement must provide for user fees, lease payments, or service payments that may be established by agreement of the parties. A copy of a service contract must be filed with the responsible public entity. In negotiating user fees pursuant to this section, the parties shall establish payments or fees that are the same for persons using the facility under like conditions and that will not materially discourage use of the qualifying project. The execution of the comprehensive agreement or an amendment to it constitutes conclusive evidence that the user fees, lease payments, or service payments provided for comply with this article. User fees or lease payments established in the comprehensive agreement as a source of revenues may be in addition to, or instead of, service payments.
(C) In the comprehensive agreement, the responsible public entity may agree to make grants or loans to the operator from amounts received from the federal, state, or local government or its agency or instrumentality.
(D) The comprehensive agreement must incorporate the duties of the operator pursuant to this article and may contain other terms and conditions that the responsible public entity determines serve the public purpose of this article. Without limitation, the comprehensive agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the operator and the persons specified in the comprehensive agreement as providing financing for the qualifying project. The comprehensive agreement may contain other lawful terms and conditions to which the operator and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays or provisions providing for a loan of public funds to the operator to acquire, design, construct, improve, renovate, expand, equip, maintain, or operate one or more qualifying projects. The comprehensive agreement also may contain provisions where the authority and duties of the operator pursuant to this article must cease, and the qualifying project is dedicated to the responsible public entity or, if the qualifying project was initially dedicated by an affected local jurisdiction, to the affected local jurisdiction for public use.
(E) Changes in the terms of the comprehensive agreement that may be agreed upon by the parties from time to time must be added to the comprehensive agreement by written amendment.
(F) When a responsible public entity that is not an agency or authority of the State enters into a comprehensive agreement pursuant to this article, it shall submit a copy of the comprehensive agreement to the Auditor of Public Accounts within thirty days.
Section 59-23-600. The responsible public entity may take action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into contracts required to receive assistance. If the responsible public entity is a state agency, funds received from the state or federal government or its agency or instrumentality must be subject to appropriation by the General Assembly. The responsible public entity may determine that it serves the public purpose of this article for costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state, or federal government or its agency or instrumentality.
Section 59-23-610. (A) In the event of a material default by the operator, the responsible public entity may elect to assume the responsibilities and duties of the operator of the qualifying project, and shall succeed to the right, title, and interest in the qualifying project, subject to a lien on revenues previously granted by the operator to a person providing financing.
(B) A responsible public entity having the power of condemnation pursuant to state law may exercise the power of condemnation to acquire the qualifying project in the event of a material default by the operator. A person who has provided financing for the qualifying project and the operator, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner.
(C) The responsible public entity may terminate, with cause, the comprehensive agreement and exercise other rights and remedies that may be available to it at law or in equity.
(D) The responsible public entity may make or cause to be made appropriate claims under the maintenance, performance, or payment bonds, or under the lines of credit required by Section 59-23-590(A)(1).
(E) If the responsible public entity elects to take over a qualifying project pursuant to subsection (A), the responsible public entity may acquire, design, construct, improve, renovate, operate, expand, equip, or maintain the qualifying project, impose user fees, impose and collect lease payments for the use of the qualifying project, and comply with service contracts as if it were the operator. Revenues that are subject to a lien must be collected for the benefit of and paid to secured parties, as their interests may appear, to the extent necessary to satisfy the operator's obligations to secured parties, including the maintenance of reserves. The liens must be correspondingly reduced and, when paid off, released. Before payments to, or for the benefit of, secured parties, the responsible public entity may use revenues to pay current operation and maintenance costs of the qualifying project, including compensation to the responsible public entity for its services in operating and maintaining the qualifying project. The right to receive payment, if any, must be considered just compensation for the qualifying project. The full faith and credit of the responsible public entity must not be pledged to secure financing of the operator by the election to take over the qualifying project. Assumption of operation of the qualifying project may not obligate the responsible public entity to pay an obligation of the operator from sources other than revenues.
Section 59-23-620. At the request of the operator, the responsible public entity may exercise any power of condemnation that it has under law for the purpose of acquiring lands or estates or interests to the extent that the responsible public entity finds that the acquisition serves the public purpose of this article. An amount to be paid in this condemnation proceeding must be paid by the operator.
Section 59-23-630. The operator and each public service company, public utility, railroad, or cable television provider, whose facilities are to be crossed or affected shall cooperate fully with the other entity in planning and arranging the manner of the crossing or relocation of the facilities. An entity possessing the power of condemnation is expressly granted powers in connection with the moving or relocation of facilities to be crossed by the qualifying project or that must be relocated to the extent that the moving or relocation is made necessary or desirable by construction of, renovation to, or improvements to the qualifying project, including construction of, renovation to, or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement. An amount to be paid for such crossing, construction, moving, or relocating of facilities must be paid for by the operator. If the operator and the public service company, public utility, railroad, or cable television provider not be able to agree upon a plan for the crossing or relocation, the commission may determine the manner in which the crossing or relocation is to be accomplished and damages due arising out of the crossing or relocation. The commission may employ expert engineers who shall examine the location and plans for the crossing or relocation, hear objections and consider modifications, and make a recommendation to the commission. The cost of the experts is to be borne by the operator. The determination must be made by the commission within ninety days of notification by the private entity that the qualifying project will cross utilities subject to the commission's jurisdiction.
Section 59-23-640. Police officers of the State and of each affected local jurisdiction have the same powers and jurisdiction within the limits of the qualifying project as they have in their respective areas of jurisdiction and police officers have access to the qualifying project at any time for the purpose of exercising these powers and jurisdiction.
Section 59-23-650. Nothing in this article may be construed as a waiver of the sovereign immunity of the State, a responsible public entity or an affected local jurisdiction or its officer or employee with respect to the participation in or approval of any part of the qualifying project or its operation including, but not limited to, interconnection of the qualifying project with another infrastructure or project. Counties, cities, and towns in which a qualifying project is located shall possess sovereign immunity with respect to its design, construction, and operation.
Section 59-23-660. The South Carolina Consolidated Procurement Code, Chapter 35, Title 11 and interpretations, regulations, or guidelines developed pursuant to the South Carolina Consolidated Procurement Code and building codes, except those developed in accordance with this article when the State is the responsible public entity, do not apply to this article. However, a responsible public entity may enter into a comprehensive agreement only in accordance with procedures adopted by it as follows:
(1) A responsible public entity may enter into a comprehensive agreement in accordance with procedures adopted by it that are consistent with procurement through competitive sealed bidding.
(2) A responsible public entity may enter into a comprehensive agreement in accordance with procedures adopted by it that are consistent with the procurement of services other than professional services through competitive negotiation. The responsible public entity must not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. A responsible public entity shall proceed in accordance with the procedures adopted by it pursuant to item (1) unless it determines that proceeding in accordance with the procedures adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity and the public, based on (a) the probable scope, complexity or urgency of the project, or (b) risk sharing, added value, an increase in funding or economic benefit from the project that would not otherwise be available. When the responsible public entity determines to proceed according to the procedures adopted by it pursuant to this item, it shall state the reasons for its determination in writing. If a state agency is the responsible public entity, the approval of the Governor is required before the responsible public entity may enter into a comprehensive agreement pursuant to this item.
(3) Nothing in this article authorizes or requires that a responsible public entity obtain professional services through a process except in accordance with procedures adopted by it that are consistent with the procurement of professional services through competitive negotiation.
(4) A responsible public entity may not proceed to consider a request by a private entity for approval of a qualifying project pursuant to Section 59-23-540(A) until the responsible public entity has adopted and made publicly available procedures that are sufficient to enable the responsible public entity to comply with this article. These procedures must include provision for the posting and publishing of public notice of a private entity's request for approval of a qualifying project pursuant to Section 59-23-540(A) and a reasonable time period, to be no less than forty-five days, during which the responsible public entity will receive competing proposals pursuant to that subsection.
(5) A responsible public entity that is a school board or a county, city, or town may enter into a comprehensive agreement pursuant to this article only with the approval of the local governing body.
Section 59-23-670. All buildings built pursuant to this chapter must be built to current state and county building codes." /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. HERBKERSMAN argued that the amendment was germane under Rule 9.3.
SPEAKER WILKINS stated that the Bill dealt with teacher certification and the amendment dealt with public school construction. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. WALKER explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. WALKER having the floor.
Rep. WALKER moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.
Ordered for consideration tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WALKER having the floor:
S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
Rep. WALKER continued speaking.
Reps. TRIPP and MOODY-LAWRENCE requested debate on the Bill.
Rep. WALKER continued speaking.
Reps. LOFTIS, R. BROWN, HAYES, MACK, ANTHONY, FREEMAN, SKELTON, TOWNSEND, LLOYD, BREELAND, KENNEDY, COBB-HUNTER, MARTIN, CLYBURN, J. BROWN and WALKER requested debate on the Bill.
The following Bill was taken up:
S. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10351SJ04):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:
"Section 56-1-176. (A) School attendance is a condition for the issuance or reinstatement of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and a regular driver's license for a person who is less than seventeen years of age. By applying for a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license, a person less than seventeen years of age consents to the release of his high school attendance records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue or reinstate a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than seventeen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:
(1) has a high school diploma or a certificate of attendance, or a General Education Development Diploma; or
(2) is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, or is enrolled in and is making progress toward completion of a program leading to a General Educational Development Diploma and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form developed in consultation with the State Department of Education, the Department of Motor Vehicles, and individuals to represent the private and home school entities and approved by the department Department of Motor Vehicles. The documentation must indicate whether the student is in compliance with the requirements as provided in subsection (A). The appropriate public or private school official or home school association shall provide the form to the applicant upon request.
(C) The board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association shall notify a student and the parent or guardian of the student who is at least fifteen but less than seventeen years of age when the student has accumulated seven unexcused absences. This notification must include information regarding the requirements of this section.
(D) Whenever a student who is at least fifteen but less than seventeen years of age is chronically truant from school, the appropriate school official shall notify the student's parent or guardian not later than five school days from the date in which the person is considered truant. For the purposes of this section, 'chronically truant' means having more than ten days' unexcused absences during one semester or more than fifteen total days' unexcused absences during a school year. The parent or guardian shall have ten days from the date the notice was sent to petition the appropriate school official for a waiver pursuant to subsection (E). For any student not granted a waiver pursuant to subsection (E), the appropriate school official shall notify the Department of Motor Vehicles, electronically whenever possible, of the truancy. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee's parent or guardian that the beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license will be suspended under the provisions of this section on the twentieth day following the date the notice was sent.
(E) A student's parent or guardian may petition for a waiver of the requirements of this section if the student has a personal or family hardship that requires that the student have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver's license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver's license to support himself or his immediate family. The student's parent or guardian has the burden of demonstrating the need for a waiver. In considering any such petition, the appropriate official shall take into account the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors prior to granting a waiver to the requirements of this section.
(F) A person whose permit or license has been suspended pursuant to this section may not have his permit or license reinstated until that person successfully has complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the person's permit or license was suspended. If a person has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the person is in compliance with this subsection, the board or governing body or association shall notify the Department of Motor Vehicles, electronically whenever possible, and the Department of Motor Vehicles shall reinstate the person's permit or license.
(G) Pursuant to State Board of Education Regulation, 24 South Carolina Code Annotated Regulation 43-274, a student between the ages of sixteen and seventeen years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to family court and placed on an order to attend school, and continues to accumulate unlawful absences will be deemed a 'chronic' truant. A family court judge having jurisdiction over his case may issue a court order suspending a student's license in accordance with this section.
(H) At the beginning of each school year, the board of trustees of the school district or its designee, the governing body of a private school, and an official of a home school association must notify students and parents or guardians of the requirements of this section.
(I) If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect on August 1, 2004. /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. TRIPP requested debate on the Bill.
Rep. WALKER continued speaking.
Reps. RUTHERFORD, GOVAN, ANTHONY, MOODY-LAWRENCE, KIRSH, MACK, PINSON, DAVENPORT, MILLER, RIVERS, WALKER, FREEMAN, HASKINS, HAYES, J. HINES, BREELAND, HOSEY, J. BROWN, OTT, LITTLEJOHN, TOWNSEND, KENNEDY, EMORY, J. M. NEAL, TOOLE, FRYE and WEEKS requested debate on the Bill.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5341 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MILLER explained the Joint Resolution.
S. 1043 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MILITARY FACILITIES REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT AN ADOPTED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCE OBLIGATIONS ADOPTED PURSUANT TO THE PLAN REMAIN IN PLACE UPON THE DISSOLUTION OF THE AUTHORITY UNTIL ADOPTION OF A MUNICIPAL ORDINANCE FINALLY DISSOLVING THE TAX ALLOCATION FUND AND TERMINATING THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO THE ISSUANCE OF OBLIGATIONS FOR A MILITARY FACILITIES REDEVELOPMENT PROJECT BY A MUNICIPALITY, SO AS TO PROVIDE THAT THE OBLIGATIONS MAY BE ISSUED WITHIN FIFTEEN YEARS OF THE MUNICIPALITY'S CONCURRENCE IN THE REDEVELOPMENT PLAN; TO AMEND SECTION 31-12-270, AS AMENDED, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY CONCURRING IN THE MILITARY FACILITIES REDEVELOPMENT PLAN, SO AS TO PROVIDE FOR THE TIME PERIOD BY WHICH AN ORDINANCE MUST BE ADOPTED IN WHICH THE TAX ALLOCATION FUND IS DISSOLVED AND THE REDEVELOPMENT PROJECT AREA'S DESIGNATION IS TERMINATED; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO THE TAX ALLOCATION FUND AND THE CARRY FORWARD OF UNEXPENDED FUNDS, SO AS TO PROVIDE THAT FUNDS CARRIED FORWARD MAY BE USED ON MILITARY FACILITIES REDEVELOPMENT PROJECT COSTS; AND TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO THE CERTIFICATION OF THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF TAXABLE PROPERTY WITHIN A MILITARY FACILITIES REDEVELOPMENT PROJECT AREA, SO AS TO PROVIDE FOR TIME PERIODS BY WHICH THE VALUE MUST BE DETERMINED AND TO REQUIRE COOPERATION AMONG OFFICIALS IN MAKING THAT DETERMINATION.
Rep. HARRELL explained the Bill.
Reps. J. BROWN, COBB-HUNTER, HAYES, ANTHONY, LLOYD, MACK, MARTIN, TOWNSEND, SKELTON, WALKER, MOODY-LAWRENCE and LOFTIS withdrew their requests for debate on S. 1133 (Word version); however, other requests for debate remained on the Bill.
The motion period was dispensed with on motion of Rep. WALKER.
Rep. W. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
H. 4653 (Word version) -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 26, which was adopted:
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 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 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".
The following Bill was taken up:
H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up:
S. 687 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12553AC04), which was adopted:
Amend the bill, as and if amended, by deleting beginning on page 22, line 42 through page 53, line 21, and inserting:
/ Section 40-2-5. It is the policy of this State, and the purpose of this chapter, to promote the reliability of information used for guidance in financial transactions or for accounting or for assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance of the reliability or fairness of presentation of such information shall have demonstrated their qualifications, and that persons who have not demonstrated and maintained such qualifications not be permitted to represent themselves as having special competency or offering such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles with a capacity or tendency to deceive the public of the status or competence of the persons using such titles be prohibited.
Section 40-2-10. (A) There is created the South Carolina Board of Accountancy, which is responsible for the administration and enforcement of this chapter. The board shall consist of nine members, appointed by the Governor, all of whom must be residents of this State; six of whom must be licensed certified public accountants or public accountants; and three of whom must be members of the public who are not engaged in the practice of public accounting, have no financial interest in the profession of public accounting, and have no immediate family member in the profession of public accounting. As used in this section, 'immediate family member' is defined in Section 8-13-100(18). Members are appointed for terms of four years and serve until their successors are appointed and qualify. Vacancies must be filled by the Governor for the unexpired portions of the term. The Governor shall remove a member of the board in accordance with Section 1-3-240. A person who has served two consecutive terms is not eligible for reappointment; however, filling an unexpired term must not be considered a term for this purpose.
(B) The board shall elect annually from among its members a chairman, a vice chairman, and a secretary. The board shall meet at least two times a year at places fixed by the chairman. Meetings of the board must be open to the public except those concerned with investigations under Sections 40-2-80 and 40-2-90 and except as necessary to protect confidential information in accordance with board regulations or state law. A majority of the board members in office constitutes a quorum at any meeting of the board. A board member shall attend meetings or provide proper notice and justification of inability to attend. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240.
(C) The board shall have a seal which must be judicially noticed. In any court proceeding, civil or criminal, arising out of or founded upon any provision of this chapter, copies of any records certified as true copies under the seal of the board are admissible in evidence as proving the contents of these records.
(D) All monies collected by the Department of Labor, Licensing and Regulation from fees authorized to be charged by this chapter must be received and accounted for by the Department of Labor, Licensing and Regulation and must be deposited in the State Treasury to the credit of the board. The budget of the board must include adequate funds for the expenses of administering the provisions of this chapter, which may include, but is not limited to, the costs of conducting investigations, of taking testimony, and of procuring the attendance of witnesses before the board or its committees; all legal proceedings undertaken for the enforcement of this chapter; participation in national efforts to regulate the accounting profession, and educational and licensing programs for the benefit of the public, the licensees and their employees. Initial fees must be established by the board and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D).
(E) The board may appoint committees or persons, to advise or assist it in the administration and enforcement of this chapter, as it sees fit.
Section 40-2-20. As used in this chapter:
(1) 'AICPA' means the American Institute of Certified Public Accountants or successor organizations.
(2) 'Attest' means providing the following financial statement services:
(a) an audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); or
(b) a review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); or
(c) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).
(3) 'Board' means the South Carolina Board of Accountancy.
(4) 'Client' means a person or entity that agrees with a licensee or licensee's employer to receive any professional service.
(5) 'Compilation' means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that presents in the form of financial statements, information representative of management (owners) without undertaking expression of any assurance on the statements. With regard to accounting practitioners, 'compilation' means providing a service that presents in the form of financial statements, information representative of management (owners) without undertaking expression of any assurance on the statements.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) 'Direct' means the person supervised in the usual line of authority or is in a staff position reporting to the supervisor. Direct supervision means a clear-cut personal connection to the employee being supervised, marked by a firsthand knowledge and association.
(8) 'Experience' means providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills whether gained through employment in government, industry, academia or public practice.
(9) 'Firm' means a sole proprietorship, a corporation, a partnership or any other form of organization registered under this chapter. 'Firm' includes a person or persons practicing public accounting in the form of a proprietorship, partnership, limited liability partnership, limited liability company, or professional corporation or association.
(10) 'License' means authorization to practice as issued under this chapter.
(11) 'Licensee' means the holder of a license.
(12) 'Manager' means a licensee in responsible charge of an office.
(13) 'NASBA' means the National Association of State Boards of Accountancy.
(14) 'Peer Review' means a study, appraisal, or review of one or more aspects of the professional work of a licensee of the board or a firm registered with the board that performs attest or compilation services by a person or persons who hold certificates and who are not affiliated with the certificate holder or certified public accountant firm being reviewed.
(15) 'Practice of Accounting' means:
(a) Issuing a report on financial statements of a person, firm, organization, or governmental unit or offering to render or rendering any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by a nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on the financial statement; or
(b) Using or assuming the title 'Certified Public Accountant' or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a Certified Public Accountant.
(16) 'Professional' means arising out of or related to the specialized knowledge or skills associated with licensees.
(17) 'Report', when used with reference to financial statements, means an opinion, report, or other form of language that states or implies assurance as to the reliability of a financial statement and that also includes or is accompanied by a statement or implication that the person or firm issuing it has special knowledge or competency in accounting or auditing. This statement or implication of special knowledge or competency may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor. The term 'report' includes any form of language which disclaims an opinion when the form of language is conventionally understood to imply positive assurance as to the reliability of the financial statements referred to or special competency on the part of the person or firm issuing such language, or both; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competency, or both.
(18) 'Resident Manager' means a responsible party for a firm.
(19) 'Registration' means an authorization to practice as a firm issued under this chapter.
(20) 'State' means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam; except that 'this State' means the State of South Carolina.
(21) 'Substantial Equivalency' is a determination by the board of Accountancy or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements contained in this chapter, or that an individual licensee's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in this chapter.
(22) 'Supervision' means having jurisdiction, oversight, or authority over the practice of accounting and over the people who practice accounting.
Section 40-2-30. (A) It is unlawful for a person to engage in the practice of accountancy as regulated by this board without holding a valid license or registration.
(B) Only licensed Certified Public Accountants or Public Accountants may issue a report on financial statements of a person, firm, organization, or governmental unit or offer to render or render any attest or compilation service as defined, except as provided in Section 40-2-340. This restriction does not prohibit an act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on the financial statements.
(C) Persons, other than certified public accountants or public accountants, may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Transmittals using the following language must not be considered the unlicensed practice of accountancy:
'I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).
I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.'
(D) Only a person holding a valid license as a Certified Public Accountant shall use or assume the title 'Certified Public Accountant', or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a Certified Public Accountant.
(E) A firm may not provide attest services or assume or use the title 'Certified Public Accountants', 'Public Accountants' or the abbreviation 'CPAs', and 'PAs' or any other title, designation, words, letters, abbreviation, sign, card, or device indicating the firm is a CPA firm unless:
(1) the firm holds a valid registration issued under this chapter;
(2) ownership of the firm is in accordance with this chapter and regulations promulgated by the board; and
(3) owners who are not Certified Public Accountants must be permitted to use the titles 'principal', 'partner', 'owner', 'officer', 'member' or 'shareholder' but must not hold themselves out to be Certified Public Accountants.
(F) A person must not assume or use the title 'Public Accountant', or the abbreviation 'PA', or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a Public Accountant unless that person holds a valid registration issued under this chapter.
(G) Only a person or firm holding a valid license or registration issued under this chapter shall assume or use any title or designation likely to be confused with the titles 'Certified Public Accountant' or 'Public Accountant' or use a similar abbreviation likely to be confused with the abbreviations 'CPA' or 'PA'. The title 'Enrolled Agent' or 'EA' may only be used by individuals designated by the Internal Revenue Service.
Persons or firms that are not licensed or registered may use designations granted by national accrediting organizations so long as those designations do not imply qualification to render any attest or compilation service.
(H) This section does not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country; whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement; who performs no attest or compilation services and who issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this State; and who does not use in this State any title or designation other than the one under which the person practices in their country, followed by a translation of the title or designation into the English language if it is in a different language, and by the name of the country.
Section 40-2-35. (A) The board shall grant a license to practice as a Certified Public Accountant to persons who make application and demonstrate:
(1) at least one hundred fifty semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board, with the total educational program including an accounting concentration or equivalent; and
(2) a passing score on a standardized test of accounting knowledge, skills, and abilities approved by the board and comparable to the Uniform Certified Public Accountant Examination prepared by the American Institute of Certified Public Accountants; and
(3) a passing score on an examination in professional ethics as approved by the board and an affidavit by the candidate acknowledging that he or she has read the statute and regulations governing the practice of accountancy in South Carolina and subscribes both to the spirit and letter of the statute and regulations and agrees to observe them faithfully in the performance of his or her professional work.
(4) appropriate experience, which may include:
(a) at least two years of accounting experience satisfactory to the board in public, governmental, or private employment under the direct supervision and review of a Certified Public Accountant or Public Accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia; or
(b) at least five years' experience teaching accounting in a college or university recognized by the board; or
(c) any combination of experience determined by the board to be substantially equivalent to the foregoing; and
(5) evidence of good moral character, which means lack of a history of dishonest or felonious acts.
(B) To meet the educational requirement as part of the one hundred fifty semester hours of education, the applicant must demonstrate successful completion of:
(1) at least thirty-six semester hours of accounting in courses that are applicable to a baccalaureate, masters, or doctoral degree and which cover financial accounting, managerial accounting, taxation, and auditing, of which at least twenty-four semester hours must be taught at the junior level or above; and
(2) at least thirty-six semester hours of business courses that are applicable to a baccalaureate, masters, or doctoral degree and which may include macro and micro economics, finance, business law, management, computer science, marketing, and accounting hours not counted in item (1).
(C) The board shall accept a transcript from a college or university accredited by the Southern Association of Colleges and Schools or another regional accrediting association having the equivalent standards or an independent senior college in South Carolina certified by the State Department of Education for teacher training, and accounting and business programs accredited by the American Assembly of Collegiate Schools of Business (AACSB) or any other accrediting agency having equivalent standards. Official transcripts signed by the college or university registrar and bearing the college or university seal must be submitted to demonstrate education and degree requirements. Photocopies of transcripts must not be accepted.
(D) An applicant may apply for examination by submitting forms approved by the board. In order for an application to be considered a completed application, all blanks and questions on the application form must be completed and answered and all applicable documentation must be attached and:
(1) the application must be accompanied by the submission of photo identification, fingerprints, or other identification information as considered necessary to ensure the integrity of the exam administration;
(2) application fees must accompany the application. Fees for the administration of the examination must recover all costs for examination administration. The fees required for each examination must be published to applicants on the application form. If a check in payment of examination fees fails to clear the bank, the application is considered incomplete and the application must be returned to the candidate.
(3) the applicant must have on record with the board official transcripts from a college or university approved by the board demonstrating successful completion of 120 semester hours credit, including:
(a) at least twenty-four semester hours of accounting in courses that are applicable to a baccalaureate, masters, or doctoral degree and which cover financial accounting, managerial accounting, taxation, and auditing; and
(b) at least twenty-four semester hours of business courses that are applicable to a baccalaureate, masters, or doctorate degree and which may include macro and micro economics, finance, business law, management, computer science, marketing and accounting hours not counted in item (a).
(E) A candidate must pass all sections of the examination provided for in Section 40-2-35(A) in order to qualify for a certificate.
(1) Upon the implementation of a computer-based examination, a candidate may take the required test sections individually and in any order. Credit for any test section passed is valid for eighteen months from the actual date the candidate took that test section, without having to attain a minimum score on any failed test section and without regard to whether the candidate has taken other test sections.
(a) A candidate must pass all four test sections of the Uniform CPA Examination within a rolling eighteen-month period, which begins on the date that the first test section is passed. The board by regulation may provide additional time to an applicant on active military service. The board also may accommodate any hardship which results from the conditions of administration of the examination.
(b) A candidate cannot retake a failed test section in the same examination window. An examination window refers to a three-month period in which candidates have an opportunity to take the CPA examination. If all four test sections of the Uniform CPA Examination are not passed within the rolling eighteen-month period, credit for any test section passed outside the eighteen-month period expires and that test section must be retaken.
(2) A candidate may arrange to have credits for passing sections of the examination under the jurisdiction of another state or territory of the United States transferred to this State. Credits transferred for less than all sections of the examination are subject to the same conditional credit rules as if the examination had been taken in South Carolina.
(F) An applicant may demonstrate experience as follows:
(1) Experience may be gained in either full-time or part-time employment. Two thousand hours of part-time accounting experience is equivalent to one year. Experience may not accrue more rapidly than forty hours per week.
(2) The five years of teaching experience provided for in Section 40-2-35(A)(4)(b) consists of five years of full-time teaching of accounting courses at a college or university accredited by the Southern Association of Colleges and Schools or another regional accrediting association having equivalent standards or an independent senior college in South Carolina certified by the State Department of Education for teacher training.
(a) In order for teaching experience to qualify as full-time teaching, the applicant must have been employed on a full-time basis as defined by the educational institution where the experience was obtained; however, teaching less than twelve semester hours per year, or the equivalent in quarter hours, must not be considered as full-time teaching experience.
(b) Experience credit for teaching on a part-time basis qualifies on a pro rata basis based upon the number of semester hours required for full-time teaching at the educational institution where the teaching experience was obtained.
(c) Teaching experience may not accrue more rapidly than elapsed chronological time.
(d) An applicant must not be granted credit for full-time teaching completed in less than one academic year.
(e) An applicant must not be granted more than one full-time teaching year credit for teaching completed within one calendar year.
(f) Teaching experience must not be granted for teaching subjects outside the field of accounting. Subjects considered to be outside the field of accounting include, but are not limited to, business law, finance, computer applications, personnel management, economics, and statistics.
(g) Of the five years of full-time teaching experience, credit for teaching accounting principles courses or fundamental accounting (below intermediate accounting) may not exceed two full-time teaching years and the remaining three full-time teaching years' experience must be obtained in teaching courses above accounting principles.
(h) Accounting courses considered to be above accounting principles include, but are not limited to, intermediate accounting, advanced accounting, auditing, income tax, financial accounting, management accounting, and cost accounting.
(i) Experience other than public accounting experience counts only in proportion to duties which, in the opinion of the board, contribute to competence in public accounting.
(j) The board may require other information as it considers necessary to determine the acceptability of experience including, but not limited to, review of work papers and other work products, review of time records, and interviews with applicants and supervisors.
Section 40-2-40. (A) The board shall grant or renew registration to practice as a firm to entities that make application and demonstrate the required qualifications. A firm must hold a registration issued pursuant this section in order to engage in the practice of accounting or to use the title 'Certified Public Accountant' or 'Accounting Firm'.
(B) Qualifications for registration as a certified public accountant firm are as follows:
(1) a super majority sixty-six and two thirds percent of the ownership of the firm in terms of financial interests and voting rights must belong to certified public accountants currently licensed in some state. The noncertified public accountant owner must be actively engaged as a firm member in providing services to the firm's clients as his or her principal occupation. Ownership by investors or commercial enterprises is prohibited.
(2) Partners, officers, shareholders, members, or managers whose principal place of business is in this State, and who perform professional services in this State must hold a valid license issued pursuant to this section.
(3) There must be a designated resident manager in charge of each office in this State who must be a certified public accountant licensed in this State.
(4) Noncertified public accountant owners must not assume ultimate responsibility for any financial statement, attest, or compilation engagement.
(5) Noncertified public accountant owners shall abide by the code of professional ethics adopted pursuant to this chapter.
(6) Owners shall at all times maintain ownership equity in their own right and must be the beneficial owners of the equity capital ascribed to them. Provision must be made for the ownership to be transferred to the firm or to other qualified owners if the noncertified public accountant ceases to be actively engaged in the firm.
(C) Registration must be initially issued and renewed periodically. Applications for registration must be made in such form, and in the case of applications for renewal, between such dates as the board by regulation may specify, and the board shall grant or deny any such application after filing in proper form.
(D) An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall register each office of the firm within this State with the board and shall demonstrate that all attest and compilation services rendered in this State are under the charge of a person holding a valid license issued pursuant to this section or the corresponding provision of prior law or of some other state.
(E) The board shall charge a fee for each application for initial issuance or renewal of a registration issued pursuant to this section.
(F) An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall list on the application all states in which the firm has applied for or holds registration and shall list any past denial, revocation, or suspension of a registration by any other state.
(G) Each holder of or applicant for a registration issued pursuant to this section shall notify the board in writing, within thirty days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the licensee in charge of these offices, and any issuance, denial, revocation, or suspension of a registration by any other state.
(H) A firms that falls out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take this corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board shall result in the suspension or revocation of the firm permit.
Section 40-2-70. In addition to the powers and duties provided in Section 40-1-70, the board may:
(1) determine the eligibility of applicants for examination and licensure;
(2) examine applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or assisting in the selection of a contractor to prepare, administer, or grade the examination;
(c) charging, or authorizing a third party administering the examination to charge, each applicant a fee in an adequate amount to cover examination costs;
(3) establish criteria for issuing, renewing, and reactivating authorizations for qualified applicants to practice, including issuing active or permanent, temporary, limited, and inactive licenses or other categories as may be created;
(4) adopt a code of professional ethics appropriate to the profession;
(5) evaluate and approve continuing education course hours and programs;
(6) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(7) participate in national efforts to regulate the accounting profession;
(8) discipline licensees or registrants in a manner provided for in this chapter;
(9) project future activity of the program based on historical trends and program requirements, including the cost of licensure and renewal, conducting investigations and proceedings, participating in national efforts to regulate the accounting profession, and providing educational programs for the benefit of the public and licensees and their employees;
(10) issue safe harbor language non-licensees may use in connection with financial statements, transmittals or financial information which does not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS);
(11) promulgate regulations that have been submitted to the director at least thirty days in advance of filing with the legislative council as required by Section 1-23-30;
(12) set standards for peer review.
Section 40-2-80. (A) The department, upon receipt of a complaint or other information suggesting violation of this chapter or of regulations promulgated pursuant to this chapter, shall conduct an appropriate investigation to determine whether there is probable cause to institute proceedings. An investigation under this section is not a prerequisite to conducting proceedings if a determination of probable cause can be made without investigation. In aid of investigations, the administrator of the board may issue subpoenas to compel witnesses to testify or to produce evidence, or both.
(B) The board may designate persons of appropriate competency to assist in an investigation.
(C) The results of an investigation must be presented to the board.
(D) For the purpose of an investigation under this section, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to the Administrative Law Court for an order requiring compliance with the subpoena.
(E) The testimony and documents submitted in support of the complaint or gathered in the investigation must be treated as confidential information and must not be disclosed to any person except law enforcement authorities and, to the extent necessary in order to conduct the investigation, the subject of the investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation.
(F) The board may review the publicly available professional work of licensees, and all professional work submitted to the State, on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety. If as a result of a review the board discovers reasonable grounds for a more specific investigation, the board may proceed under subsections (A) through (E).
(G) If the department receives information indicating a possible violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.
Section 40-2-90. (A) If the Department of Labor, Licensing and Regulation or the board has reason to believe that a licensee or registrant has violated a provision of this chapter or a regulation promulgated pursuant to this chapter or that a licensee has become unfit to practice as a Certified Public Accountant, a Public Accountant, or an accounting practitioner the department shall present its evidence to the board and the board may, in accordance with the Administrative Procedures Act, take action as authorized by law. The board may designate a hearing officer or panel to conduct hearings or take other action as may be necessary.
(B) The board shall notify the accused licensee or registrant in writing not less than thirty days before the hearing with a copy of the formal charges attached to the notice. The notice must be served personally or sent to the charged licensee or registrant by certified mail, return receipt requested, directed to his or her last mailing address furnished to the board. The post office registration receipt signed by the licensee or registrant, his or her agent, or a responsible member of his or her household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
(C) The licensee or registrant has the right to be present and present evidence and argument on all issues involved, to present and to cross examine witnesses, and to be represented by counsel, at the licensee's or registrant's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused licensee. All investigations, inquiries, and proceedings undertaken pursuant to this chapter are confidential, except as otherwise provided for.
(D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member pursuant to this chapter, whether by way of complaint or testimony, is privileged against liability. No action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that the communication was made with malice.
(E) Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.
Section 40-2-100. (A) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If the person is practicing accountancy without being licensed pursuant to this chapter, is violating an order of the board, a provision of this chapter, or a regulation promulgated pursuant to this chapter, the board also may apply, in accordance with the rules of the Administrative Law Court for a temporary restraining order. A board member or the Director of the Department of Labor, Licensing and Regulation or another employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order.
(B) The board may seek from the Administrative Law Court other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter.
Section 40-2-110. (A) After notice and hearing pursuant to the Administrative Procedures Act, the board may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a licensee and impose an administrative fine not exceeding ten thousand dollars per violation. The board also may place a licensee on probation, require a peer review as the board may specify, or require satisfactory completion of a continuing professional education program as the board may specify, all with or without terms, conditions, and limitations, for any one or more of the following reasons:
(1) conviction of a felony, or of any crime with an element of dishonesty or fraud, under the laws of the United States, of this State, or of any other state if the acts involved constitute a crime under state laws;
(2) conduct reflecting adversely upon the licensee's fitness to perform services as a licensee;
(3) use of a false, fraudulent or forged statement or document or committal of a fraudulent, deceitful, or dishonest act or omission of a material fact in obtaining licensure pursuant to this chapter;
(4) intentional use of a false or fraudulent statement in a document connected with the practice of the individual's profession or occupation;
(5) obtaining fees or assistance in obtaining fees under fraudulent circumstances;
(6) failure to comply with established professional standards, including standards set by federal or state law or regulation;
(7) violation of the code of professional ethics adopted by the board or of the AICPA Professional Standards: Code of Professional Conduct;
(8) failure to respond to requests for information or to cooperate in investigations on behalf of the board;
(9) engagement or aid of another, intentionally or knowingly, directly or indirectly, in unlicensed practice of accounting;
(10) failure to disclose or disclaim the appropriate license status of a person or entity not holding a license but associated with financial statements;
(11) engagement in advertising or other forms of solicitation or use of a firm name in a manner that is false, misleading, deceptive, or tending to promote unsupported claims;
(12) the revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee.
(B) After notice and hearing, as provided in Section 40-2-90, the board shall revoke the registration of a firm if at any time it does not meet the requirements prescribed by Section 40-2-40 and also may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a registrant and impose an administrative fine not to exceed ten thousand dollars per violation for any of the causes enumerated in subsection (A) or for:
(1) the revocation or suspension or refusal to renew the license to practice of a member of a firm;
(2) the revocation, suspension, reprimand, or other discipline of the right to practice by the firm in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee;
(3) the failure to notify the board in writing, within thirty days after its occurrence, of any revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency.
(C) A final order of the board disciplining a licensee under this section is public information.
(D) Upon a determination by the board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution.
(E) The board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record.
(F) Licensees of this State offering or rendering services or using their 'Certified Public Accountant' title in another state are subject to disciplinary action in this State for an act committed in another state for which the licensee would be subject to discipline.
Section 40-2-130. The board may deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The board must deny authorization to practice to an applicant who has failed to demonstrate the qualifications or standards for licensure required by this chapter. The applicant shall demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license.
Section 40-2-140. A person may not be refused an authorization to practice, pursue, or engage in accounting solely because of a prior criminal conviction unless the criminal conviction directly relates to accounting for which the authorization to practice is sought. However, the board may refuse an authorization to practice if, based upon all information available, including the applicant's record of prior convictions, the board finds that the applicant is unfit or unsuited to engage in accounting.
Section 40-2-150. A licensee who is under investigation for a violation provided for in this chapter or Section 40-1-110 may voluntarily surrender his or her authorization to practice to the board. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no person whose authorization to practice is surrendered voluntarily may practice accountancy unless the board, by a majority vote, reinstates the license. A person practicing accountancy during the period of voluntary surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of an authorization to practice must not be considered an admission of guilt in a proceeding under this chapter and does not preclude the board from taking disciplinary action against the licensee as provided for in this chapter including, but not limited to, imposing prerequisite conditions for board reinstatement of the license.
Section 40-2-160. A person aggrieved by a final action of the board may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the board's decision pending completion of the appellate process.
Section 40-2-170. (A) In an order issued in resolution of a disciplinary proceeding before the board, a licensee found in violation of the applicable licensing act may be directed to pay a sum not to exceed the reasonable costs of the investigation and prosecution of the case in addition to other sanctions.
(B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the director, or the director's designee, is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-1-180.
(D) The board may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the board within that time period for the unpaid costs.
Section 40-2-180. (A) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days of the date they are due, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180 and subject to the collection and enforcement provisions of the Setoff Debt Collection Act.
(B) All fines and costs collected under this chapter must be remitted by the Department to the State Treasurer and deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings under this chapter.
Section 40-2-190. (A) Except by permission of the client for whom a licensee performs services or the heirs, successors, or personal representatives of a client, a licensee under this chapter must not voluntarily disclose information communicated by the client relating to and in connection with services rendered. This information is confidential. However, nothing in this chapter may be construed to prohibit the disclosure of information requiring disclosure by the standards of the public accounting profession in reporting on the examination of financial statements or to prohibit disclosures in court proceedings, investigations or proceedings under this chapter, in ethical investigations conducted by private professional organizations, in the course of peer reviews, in performing services for that client on a need to know basis by other active persons of the organization, or in the business of persons in the entity needing this information for the sole purpose of assuring quality control.
(B) Subject to the provisions of this section, all statements, records, schedules, working papers, and memoranda created by a licensee or on behalf of a registrant, incident to, or in the course of, rendering services to a client except the reports submitted by the licensee to the client and except for records that are part of the client's records, are and remain the property of the licensee in the absence of an expressed agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners, stockholders, members or new partners, new stockholders, or new members of the registrant, or any combined or merged firm or successor in interest to the licensee. Nothing in this section may be construed to prohibit temporary transfer of work papers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to this section.
(C) A licensee shall furnish to a client or former client, upon request and reasonable notice:
(1) a copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(2) accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account; the licensee may make and retain copies of these documents of the client when based on work completed by the licensee.
(D) Nothing in this section requires a licensee to keep paper work beyond the period prescribed in any other applicable law.
Section 40-2-200. A person or firm who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year, or both.
Section 40-2-210. If the board believes that a person or firm has engaged, or is about to engage, in an act or practice which constitutes or will constitute a violation of Section 40-2-30, the board may issue a cease and desist order. The board may also apply to the Administrative Law Court pursuant to Section 40-1-210 for an order enjoining these acts or practices, and upon a showing by the board that the person or firm has engaged or is about to engage in these acts or practices, the division shall grant an injunction, restraining order, or other order as may be appropriate. For each violation, the Administrative Law Court may impose a fine of no more than ten thousand dollars.
Section 40-2-240. (A) The board may issue a license to a holder of a certificate, license, or permit issued under the laws of any state or territory of the United States or the District of Columbia or any authority outside the United States upon a showing of substantially equivalent education, examination, and experience upon the condition that the applicant:
(1) received the designation, based on educational and examination standards substantially equivalent to those in effect in this State, at the time the designation was granted;
(2) completed an experience requirement, substantially equivalent to the requirement provided for in Section 40-2-35(F), in the jurisdiction which granted the designation or has engaged in four years of professional practice, outside of this State, as a certified public accountant within the ten years immediately preceding the application;
(3) passed a uniform qualifying examination in national standards and an examination on the laws, regulations, and code of ethical conduct in effect in this State acceptable to the board;
(4) listed all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy or in which any applications have been denied;
(5) demonstrated completion of eighty hours of qualified CPE within the last two years; and
(6) filed an application and pays an annual fee sufficient to cover the cost of administering this section.
(B) Each holder of a certificate issued under this section shall notify the board in writing within thirty days after its occurrence of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.
Section 40-2-245. The board may grant an individual whose principal place of business is outside this State the privilege to perform or offer to perform services in this State as a certified public accountant if the individual meets all of the following conditions:
(1) holds a valid and unrevoked license or permit to practice as a certified public accountant issued by another state, a territory of the United States, or the District of Columbia and that jurisdiction's requirements for licensure are substantially equivalent to the requirements of this chapter;
(2) notifies the board that the person intends to perform or offers to perform services in this State as a certified public accountant;
(3) agrees to comply with the provisions of this section and the regulations promulgated regarding notification and practice;
(4) lists all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this section shall notify the board in writing within thirty days after its occurrence of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction;
(5) consents to have an administrative notice of hearing served on the board in the individual's principal state of business;
(6) files an application and pays an annual fee sufficient to cover the cost of administering this section.
Section 40-2-250. (A) A licensee shall file an application for renewal on or before January first of each calendar year.
(B) The application for renewal of a license must include:
(1) current information concerning practice status;
(2) a verified continuing education report;
(3) renewal fee.
(C) The verified report of continuing education must document forty hours of acceptable continuing education each calendar year. Not more than twenty percent of the required hours may be in personal development subjects. A licensee is not required to report continuing education for the year in which the initial license was obtained. The board by regulation may provide for the carryover of excess hours of continuing education not to exceed twenty hours a year. No carryover is allowed from a year in which continuing education was not required.
(D) A license not renewed on or before January first is considered revoked. Continued practice after January fifteenth must be sanctioned as unlicensed practice of accounting.
(E) Renewal applications filed or completed after January fifteenth are subject to a reinstatement fee in the amount of five hundred dollars. A person may not practice on a revoked license.
(F) A Certified Public Accountant or Public Accountant whose license has lapsed or has been inactive for:
(1) fewer than three years, the license may be reinstated by applying to the board, submitting proof of completing forty continuing education units for each year the license has lapsed or has been inactive, and paying the reinstatement fee;
(2) three or more years, the license may be reinstated upon completion of six months of additional experience, and one hundred and twenty hours of continuing education;
(3) an indefinite period and has active status outside of this State may reinstate the license by submitting an application under Section 40-2-240.
Section 40-2-255. (A) A registrant shall file an application for renewal on or before January first of each calendar year.
(B) The application for renewal of a registration shall include:
(1) current information concerning ownership;
(2) current information concerning the identity of the licensee in charge of the office;
(3) renewal fee.
(C) As a condition of renewal of registration an applicant who engages in attest or compilation services, or both, must provide evidence of satisfactory completion of peer review no more frequently than once every three years. Peer review must be conducted in a manner as the board specifies by regulation. This review must include a verification that individuals in the firm, who are responsible for supervising attest or compilation services, or both, and who sign or authorize someone to sign the accountant's report on the financial statements on behalf of the firm, meet the competency requirements set out in the professional standards for these services and these regulations must:
(1) include reasonable provision for compliance by an applicant that can show that it has, within the preceding three years, undergone a peer review that is a satisfactory equivalent to peer review as generally required pursuant to this subsection;
(2) require, with respect to peer reviews, that they be subject to oversight by a body established or sanctioned by the board, which shall periodically report to the board on program review effectiveness under its charge and provide to the board a listing of firms that have participated in a peer review program;
(3) require, with respect to peer review, that the peer review processes be operated and that work and documents be maintained in a manner designed to preserve confidentiality of documents furnished or generated in the course of the review.
(D) A registration not renewed on or before January first is considered revoked. Continued practice after January fifteenth must be sanctioned as unlicensed practice of accounting.
Section 40-2-270. (A) A licensee who is retired and does not perform or offer to perform for compensation one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, or consulting services or the preparation of tax returns or the furnishing of advice on tax matters, may apply to the board for permission to place the word 'Emeritus' adjacent to the licensee's 'Certified Public Accountant' title or 'Public Accountant' title on any document or device on which the 'Certified Public Accountant' or 'Public Accountant' title appears.
(B) A license in 'emeritus' status must be renewed annually with no fee required. A license in 'emeritus' status may not be reinstated as an active license.
(C) A licensee holding a license in 'emeritus' status may apply for licensure under Section 40-2-35 as if the licensee was a new applicant and never sat for the exam.
Section 40-2-330. If a provision of this chapter or the application of a provision of this chapter to a person or entity or in any circumstances is held invalid, the remainder of the chapter and the application of the provision to others or in other circumstances must not be affected thereby.
Section 40-2-335. (A) Licensed Certified Public Accountants/Public Accountants performing or supervising the performance of attest or compilation services must provide those services in accordance with professional standards.
(B) A person holding a license or firm holding a registration under this chapter must not use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers or shareholders of the firm or about any other matter; however, names of one or more former owners, partners, members, managers, or shareholders may be included in the name of a firm or its successor.
Section 40-2-340. An Accounting Practitioner or firm of Accounting Practitioners is permitted to associate his or the firms' name with compiled financial statements if the following disclaimer is used:
'I (we) have compiled the accompanying balance sheet of XYZ Company as of December 31, XXXX, and the related statements of income, retained earning and cash flows for the year then ended. A compilation is limited to presenting, in the form of financial statements, information that is the representation of management (owners). I (we) have not audited or reviewed the accompanying financial statements and I am (we are) prohibited by law from expressing an opinion on them.'
Section 40-2-510. A person, firm, or professional association not exempt under Section 40-2-530 is considered to be engaged in the practice of offering to render and rendering to the public the services which are regulated by this article if the person, firm, or professional association:
(1) offers to prospective clients in South Carolina to perform for compensation one or more of these services:
(a) the development, recording, analysis, or presentation of financial information including, but not limited to, the preparation of financial statements; or
(b) advice or assistance in regard to accounting controls, systems, and procedures; and
(2) in any manner holds himself or itself out to the public in South Carolina as skilled in one or more of the types of services described in item (1).
Section 40-2-520. (A) No professional association, person, or partnership, other than a person or partnership holding a permit to practice issued pursuant to this article, may engage in the practice defined in Section 40-2-510 unless he or it plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article.
(B) No professional association, person, or partnership, other than a person or partnership holding a permit to practice issued pursuant to this article, may assume or use the title or designation "Accounting Practitioner" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is an accounting practitioner or that the partnership is composed of accounting practitioners or that the person, partnership, or professional association is authorized under this article to engage in the practice defined under Section 40-2-510.
Section 40-2-530. Nothing contained in this article:
(1) applies to a certified public accountant or public accountant who holds a license to practice issued under the law of South Carolina and no provision of this article applies to a partnership of certified public accountants or public accountants which holds a permit to practice issued under South Carolina authority;
(2) applies to a person, firm, or professional association which plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article;
(3) prohibits a person from serving as an employee of a person, partnership, or professional association if the employee does not engage in the practice defined in Section 40-2-510 on his own account;
(4) prohibits a person, partnership, or professional association from offering to prepare or from preparing a tax return with respect to taxes imposed by a governmental authority, whether federal, state, or local, and this article does not prevent a person from advising clients in connection with tax matters;
(5) prohibits a person, partnership, or professional association holding a license or permit issued by another state, territory, or the District of Columbia, which authorizes the person, partnership, or professional association to engage in the other jurisdiction in the type of practice described in Section 40-2-510, from temporarily practicing in this State as an incident to his or its regular practice outside of this State if the temporary practice is conducted in conformity with the rules of ethical conduct promulgated by the board;
(6) applies to the affixing of the signature or name of an officer, employee, partner, or organization with wording designating the position, title, or office which he holds in the organization, and the provisions of this article do not apply to an act of a public official or public employee in the performance of his duties;
(7) applies to the offering or rendering of data processing services by mechanical or electronic means or to the offering or rendering of services in connection with the operation, sale, lease, rental, or installation of mechanical or electronic bookkeeping or data processing equipment or to the sale, lease, rental, or installation of this equipment.
Section 40-2-540. The South Carolina Board of Accountancy shall examine, license, and discipline accounting practitioners. The board may charge a reasonable fee for examinations, not exceeding the fee charged for certified public accountants' examinations.
Section 40-2-550. In order to be eligible for licensing under this article as an accounting practitioner, an applicant may not hold another license granted under this chapter and must:
(1) not have any history of dishonest or felonious acts;
(2) be a resident of this State or have a place of business in this State, or, as an employee, be regularly employed in this State;
(3) be at least eighteen years of age;
(4) meet these requirements:
(a) pass an examination approved by the board, which is designed to test the applicant's basic knowledge of the subjects described in Section 40-2-510(1) and which may consist of parts of the examination administered to certified public accountant applicants or another examination as the board may prescribe; and
(b) have a bachelor's degree with a major in accounting as determined by the board from a four-year college or university accredited by the Southern Association of Colleges and Schools or from a college or university having equivalent standards as determined by the board; and
(5) surrender, if licensed and holds a current annual permit to practice in this State as a certified public accountant or public accountant, his license and permit to practice as a certified public accountant or public accountant upon being licensed as an accounting practitioner.
Section 40-2-560. (A) Licenses must be issued by the board to persons satisfying the requirements of Section 40-2-550 upon the payment of a license fee in an amount to be determined by the board.
(B) A licensee must file an application for renewal in accordance with Section 40-2-250.
(C) A partnership, firm, or registrant must file an application in accordance with Section 40-2-255.
(D) Partnerships, without payment of a permit fee, which meet the following standards:
(1) at least one general partner must me an accounting practitioner of this State in good standing;
(2) each partner must be lawfully engaged in the practice, as defined in Section 40-2-520, in a state of the United States;
(3) each resident manager in charge of an office must be an accounting practitioner of this State in good standing.
Section 40-2-570. (A) After notice and hearing pursuant to Section 40-2-310 the board may revoke a license or permit as accounting practitioner issued under this article; suspend a license or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of a license or permit holder; impose an administrative fine not exceeding ten thousand dollars; or place a license or permit holder on probation, all with or without terms, conditions, and limitation, for any one or more of these reasons:
(1) fraud or deceit in obtaining a license or permit;
(2) cancellation, revocation, or suspension of, or refusal to renew authority to engage in the practice of public accountancy in another state, territory of the United States, or the District of Columbia for any cause;
(3) revocation or suspension of the right to practice before a state or federal agency;
(4) dishonesty, fraud, or gross negligence in the practice of public accounting or in filing or failure to file the license or permit holder's own income tax return;
(5) violation of a provision of this article or Article 1 or a regulation promulgated by the board under the authority granted by this chapter;
(6) violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(7) conviction of a felony, or any crime an element of which is dishonesty or fraud, under the laws of the United States, of this State, or another state if the acts involved would have constituted a crime under the laws of this State. The record of conviction or a copy of the record, certified by the clerk of court or the judge in whose court the conviction is had, is conclusive evidence of the conviction and 'conviction' shall include a plea of guilty or a plea of nolo contendere;
(8) performance of a fraudulent act while holding a license or permit under this article; or
(9) conduct reflecting adversely upon the license or permit holder's fitness to engage in the practice of public accountancy.
(B) In lieu of or in addition to a remedy specifically provided in subsection (A), the board may require one or more of these requirements of a license or permit holder:
(1) a quality review conducted in a fashion as the board may require; or
(2) satisfactory completion of continuing professional education programs as the board may specify.
A 'quality review' means a study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy by a person or persons who hold certificates or licenses and who are not affiliated with the person or firm being reviewed.
(C) In a proceeding in which a remedy imposed by subsections (A) and (B) is imposed, the board also may require the respondent license or permit holder to pay the costs of the proceeding.
Section 40-2-580. The board may initiate proceedings under this article on its own motion or on the complaint of a person, and the procedures provided in Article 1 for these proceedings are applicable and binding in procedures under this article.
Section 40-2-590. A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars or more than two hundred dollars or imprisoned not less than twenty days or more than sixty days. Each violation constitutes a separate offense and each day's violation constitutes a separate offense.
Section 40-2-600. Nothing contained in this article may be construed to prohibit the formation of partnerships by and between public accountants and accounting practitioners if all members of the partnerships and all resident managers of offices of the partnerships are licensed under this chapter as public accountants or accounting practitioners and if the partnerships apply for an annual permit in the manner prescribed in this article for other partnerships."
SECTION 2. A. A person holding a current license as a Certified Public Accountant or Public Accountant or Accounting Practitioner on the effective date of this act shall continue to hold this license, subject to license renewal requirements of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
B. A firm currently registered as a Certified Public Accountant, Public Accountant or Accounting Practitioner firm on the effective date of this act shall continue to hold this registration, subject to the regulation renewal requirements of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
C. A Certified Public Accountant or a Public Accountant, who is currently on waiver, or holding an inactive or retired inactive license, has one hundred eighty days from this act's effective date to apply to the Board of Accountancy for permanent emeritus status, as provided for in Section 40-2-270 of the 1976 Code, as amended by Section 1 of this act, or to reactivate the license with no penalty.
D. A Certified Public Accountant applicant with an application pending on the effective date of this act, with or without partial credit for examination, may continue under that application and the requirements under which the individual applied for licensure for twenty-four months after this act's effective date. After twenty-four months from the effective date of this act, an applicant must comply with the requirements for licensure of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
E. An Accounting Practitioner who is currently on waiver, or holding an inactive license, has one hundred eighty days from this act's effective date to apply to the Board of Accountancy for permanent emeritus status, as provided for in Section 40-2-270 of the 1976 Code, as amended by Section 1 of this act or to reactivate the license with no penalty. After that date, a lapsed accounting practitioner license may not be reinstated or reactivated.
SECTION 3. Section 40-59-220(C) of the 1976 Code is amended to read:
"(C) The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars or a reviewed financial statement demonstrating a net worth of not less than seventy-five thousand dollars of which at least fifteen thousand dollars must be in cash and cash equivalents proof of financial responsibility acceptable to the commission."/
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
Rep. SCOTT spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Barfield Battle Bingham G. Brown Cato Ceips Chellis Clark Clemmons Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Hagood Hamilton Harrell Harrison Harvin Hayes J. Hines Hinson Jennings Keegan Kirsh Koon Leach Limehouse Littlejohn Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Ott Owens Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Taylor Thompson Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Witherspoon Young
Those who voted in the negative are:
J. Brown R. Brown Cobb-Hunter Dantzler Gilham Herbkersman Hosey Lloyd Loftis Mack Moody-Lawrence J. H. Neal Parks Perry Rivers Rutherford Scott G. R. Smith Stewart Toole
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.
Rep. TRIPP explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Barfield Battle Bingham Branham G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Hagood Hamilton Harrell Harrison Harvin Hayes J. Hines Hinson Hosey Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lourie Lucas Mack Mahaffey Martin McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rutherford Sandifer Scarborough Scott Skelton D. C. 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 Viers Walker Weeks White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21298SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-59-10. As used in this chapter:
(1) 'River basins' means that land area designated as the Catawba/Wateree, Yadkin/Pee Dee River Basins by the North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control.
(2) 'Commission' means the River Basins Advisory Commissions. The commissions shall be constituted as described below and there shall be a separate commission for each river basin.
Section 44-59-20. (A) There is established the River Basins Advisory Commissions. The commissions shall be permanent bodies composed of members from the State of North Carolina and the State of South Carolina.
(B) The purpose of each commission shall be to:
(1) provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it considers necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the river basins;
(2) provide a forum for discussion of issues affecting the basin's water quantity and water quality, and issues affecting other natural resources;
(3) promote communication, coordination, and education among stakeholders within the river basins;
(4) identify problems and recommend appropriate solutions;
(5) undertake studies related to water quantity, water quality, and other natural resources in the basin;
(6) develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this item must be effective upon an affirmative vote by a majority of the commission members;
(7) establish standing and ad hoc committees, which must be constituted in a manner to ensure a balance between recognized interests and states. The commission shall determine the purpose of each standing or ad hoc committee;
(8) determine the optimum approach to comprehensively and collaboratively provide recommendations for integrated river management including, but not limited to, the total assimilative capacity of the basin;
(9) seek, apply for, accept, and expend gifts, grants, donations, services, and other aid from public or private sources. The commissions may accept or expend funds only after an affirmative vote by a majority of the members of the commissions;
(10) exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same;
(11) enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the commission;
(12) designate a fiscal agent;
(13) perform any lawful acts necessary or appropriate to achieve the purposes of the commission.
(C) All of the authority granted to the the River Basins Advisory Commissions shall be advisory in nature and in no way shall the commissions be construed to have any regulatory authority.
(D) The commissions shall have no authority to obligate or otherwise bind the State of North Carolina, the State of South Carolina, or any agency or subdivision of either state.
Section 44-59-30. (A) The North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies.
(B) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental and Natural Resources and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.
Section 44-59-40. Members of each commission shall elect a chairman, vice chairman, and those other officers as they consider necessary with the chairmanship to be rotated between the States of North Carolina and South Carolina.
Section 44-59-50.(A) Each commission shall be composed of twelve members as follows:
(1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives;
(2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate;
(3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives;
(4) two members of the South Carolina Senate, to be appointed by the President Pro Tempore of the South Carolina Senate;
(5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission;
(6) one member from North Carolina representing a water or sewer municipal utility to be appointed by the North Carolina legislative members of the commission;
(7) one member from South Carolina representing the agricultural community to be appointed by the South Carolina legislative members of the commission;
(8) one member from North Carolina representing the agricultural community to be appointed by the North Carolina legislative members of the commission.
(B) In addition to those members provided for in subection (A) above, members of the Catawba/Wateree River Basin Commission shall include:
(1) the President of Duke Power, or his designee;
(2) the Chairman of the Bi-State Catawba River task force, or his designee;
(3) the Chief Executive Officer of the Carolina's Partnership, Inc. or his designee.
(C) In addition to those members prpovided for in subsection (A) above, members of the Yadkin/Pee Dee River Basin Commission shall include:
(1) the President of Progress Energy or his designee;
(2) a representative of the land development industry, whose organization does business within the Yadkin/Pee Dee River basin and who shall be appointed by the chairman of the commission.
(D) The legislative members of the commission may appoint as they consider necessary additional members to the commission to serve as advisory members.
(E) State legislative members appointed to the commission shall serve terms coterminous with their terms of office and shall serve in an ex officio capacity. All other members shall serve for a period of two years. Appointments to fill vacancies must be made for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
Section 44-59-60. The members of the commissions shall serve without compensation.
Section 44-59-70. The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the States of North Carolina and South Carolina while in discharge of their duties."
SECTION 2. A. The General Assembly finds that:
(1) isolated wetlands serve important environmental functions such as providing habitat for wildlife, protecting water quality, and providing flood control;
(2) isolated wetlands offer important economic and recreational benefits, such as hunting, fishing, bird watching, and tourism;
(3) isolated wetlands in South Carolina are at risk of degradation, resulting in the need for an effective program to limit the degradation of isolated wetlands and to provide, where and when appropriate, for long-term restoration and enhancement of isolated wetlands in South Carolina that have degraded or have been lost in the past;
(4) changes in federal, state, and local policies have significantly decreased the rate of isolated wetland losses in recent years;
(5) recent interpretations by the court regarding the scope and reach of the federal Clean Water Act may limit the federal government's role in regulating impacts on isolated wetlands.
(6) the State of South Carolina will implement an effective, balanced, statewide program to manage activities in and around isolated wetlands that:
(a) conserves and enhances environmentally significant wetland functions;
(b) requires mitigation to compensate for isolated wetland disturbances;
(c) recognizes the need for essential public infrastructure, such as highways, utilities, ports, airports, sewer systems, and public water supply systems, and the need to preserve strong local tax bases; and
(d) provides for sustained economic growth.
(B) It is the policy of the State of South Carolina to:
(1) enact a permitting program for activities in isolated wetlands under this act that balances isolated wetland protection with economic growth;
(2) conserve isolated wetlands without significant adverse impacts on the state, regional, and local economy, including significant reductions in state and local tax receipts;
(3) encourage the conservation and restoration of wetland functions where appropriate;
(4) implement the regulatory program authorized under this act to ensure that landowners are not denied the use of their property;
(5) streamline the permitting process for minimal impact projects in isolated wetlands;
(6) waive permitting under this act for disturbances of small isolated wetlands;
(7) ensure an efficient and cost-effective isolated wetland regulatory program; and
(8) minimize regulatory gridlock by designating one state agency to implement the regulatory program for wetlands determined to be isolated by the federal government.
B. Title 48 of the 1976 Code is amended by adding:
Section 48-38-10. This chapter is known and may be cited as the 'South Carolina Isolated Wetlands Act of 2004'.
Section 48-38-20. For purposes of this chapter, the following definitions shall apply:
(1) 'Abandoned' means no construction, mining, processing, or reclamation activities have occurred during the previous ten years.
(2) 'Activities' means the discharge of dredged or fill material into waters as defined in Section 48-1-10(2).
(3) 'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands that would have the effect of significantly degrading the wetlands. 'Discharge of dredged or fill material' does not include the excavation of wetlands or any fill associated with the excavation, including but not limited to, temporary stockpiling of excavated material within the wetlands.
(4) 'Cropland' means agricultural land that is:
(a) manipulated, by drainage or other physical alteration to remove excess water from the land; or
(b) used for the production of any annual or perrenial agricultural crop including forage or hay, aquaculture product, nursery product, wetland crop, or livestock.
(5) 'Temporary' means with respect to an impact on isolated wetlands, the disturbance or alteration caused by an activity under a circumstance in which, not later than three years after the commencement of the discharge, the isolated wetlands:
(a) return to the general condition in existence prior to the commencement of the activity; or
(b) display a condition sufficient to ensure that without further human action, the isolated wetlands are likely to return to the general condition in existence prior to the commencement of the activity in five years after the disturbance or alteration.
(6) 'Department' means the South Carolina Department of Health and Environmental Control and all of its subdivisions.
(7) 'Board' means the board of the department.
(8) 'Isolated wetlands' means those areas that are inundated or saturated by water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions and that are not regulated under the federal Clean Water Act.
The term 'isolated wetland' does not include:
(i) waste treatment systems, including treatment ponds or lagoons, designed to comply with water quality standards of the State;
(ii) stormwater management facilities, a drainage, or irrigation ditch located in upland;
(iii) an artificially irrigated area that would revert to upland if the irrigation ceased;
(iv) a waterfilled depression created incidental to construction activity, or to excavation activity for the purpose of obtaining fill, sand, gravel, aggregates, or minerals;
(v) cropland;
(vi) depressions in soil resulting from traffic from vehicles and human activity.
(9) 'Visible surface water connection' means a connection via:
(a) contiguous wetlands; or
(b) perennial or intermittent streams.
(10) 'Feasible' means available and capable of being accomplished after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.
(11) 'Mitigation' or 'Mitigation project' means the restoration, enhancement, or creation of wetlands to compensate for impacts to other isolated wetlands. 'Mitigation project' includes using credits from a wetlands mitigation bank.
(12) 'Mitigation bank' means a site where wetlands are restored, created, or preserved expressly for the purpose of providing compensatory mitigation credits for compliance with mitigation requirements of an approved permit in accordance with the provisions of this chapter.
(13) 'Carolina bay' means a shallow, poorly drained, elliptical depression usually found in the Coastal Plain. They typically have a general north-west to south-east orientation of the long axis and are bounded by a low sandy rim.
Section 48-38-30. The classification of an isolated wetland must be based on the determination of the appropriate federal agency. Wetlands that are not regulated under the federal Clean Water Act and that meet the definition of an isolated wetland in this chapter must be classified as an isolated wetland. Wetlands under federal jurisdiction may not be under the jurisdiction of the department for purposes of this chapter. Isolated wetlands are considered private property.
Section 48-38-40. (A) A delineation approved by a federal agency under Section 404 of the federal Clean Water Act are binding for the purposes of this chapter absent the showing of fraud, bad faith, or negligent misrepresentation by the applicant or agent procuring the delineation.
(B) A delineation approved by this section is binding absent a showing of fraud, bad faith, or negligent misrepresentation.
Section 48-38-50. (A) The department, after notice and opportunity to affected parties for comment, may issue permits for the activities in isolated wetlands regulated under this chapter. The department shall prescribe the form of the application for a permit under this chapter. For purposes of implementing this chapter, a request to modify a permit shall be deemed an application for permit.
(B) Within ten calendar days after the receipt of an application for an individual permit, the department shall notify the applicant if the application is complete. If the application is not complete, the department shall include in the notice an itemized list of the information or materials that are necessary to complete the application. If the applicant fails to provide information or materials that are necessary to complete the application within sixty days after the department's receipt of the application, the department may return the incomplete application to the applicant and take no further action on the application.
(C) Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. The department shall accept comments for thirty days concerning the application. The department shall accept requests for a public hearing from affected parties concerning the application for not more than twenty days following the publication of notice concerning the application. If twenty or more affected parties request a public hearing in writing, and if deemed necessary, the department may hold a public hearing on an application. When applicable, joint public hearings must be held with federal or other agencies.
(D) The department may coordinate and receive comments from other agencies before the department issues a permit. State agencies that provide comments or object to the issuance of a permit must defend their objection by providing testimony in defense thereof. The department may deny a permit based on an objection of a federal or state agency, but the department shall issue a permit over the objection of another agency if the department finds justification for issuing the permit.
(E) The department shall provide an explanation to an applicant for an individual permit of the basis for a proposed denial of an application.
(F) If no action has been taken by the department on an application for a permit after one hundred twenty days following submission of the completed application, the permit must be deemed to be issued unless the applicant agrees in writing to an extension.
(G) The department shall make a good faith determination of completeness of any application made. The department may not deny a permit without review and a basis for denial.
(H)(1) Applicants are allowed to perform regulated activities in isolated wetlands of up to five contiguous acres. No permit or other department approval is required. However, proof of mitigation must be provided through notification to the department. Proof of mitigation includes, but is not limited to, any one of the following:
(a) documentation of on-site or off-site mitigation in the form of preservation, creation, or buffering or other best management practices that enhance water quality;
(b) proof of purchase of mitigation credits from an appropriate mitigation bank.
(2) An individual or entity that mitigates on-site or off-site through preservation, creation, or enhancement shall utilize a ratio of not less than one-to-one;
(3) An individual or entity that mitigates through the purchase of mitigation credits shall utilize a ratio of five credits per acre of regulated impact.
Section 48-38-60. (A)(1) The department shall determine whether to issue a permit for an activity in isolated wetlands larger than five contiguous acres classified under Section 48-38-30 based on a sequential analysis that seeks, to the maximum extent practical, to:
(a) avoid adverse impact on the isolated wetlands;
(b) minimize the adverse impact on isolated wetland functions that cannot be avoided; and
(c) compensate for any loss of wetland functions that may not be avoided or minimized at the rate of five credits per acre impacted by regulated activities.
(2) The department shall consider as relevant factors:
(a) the costs of mitigation requirements and the social, recreational, and economic benefits associated with the proposed activity, including local, regional, or national needs for improved or expanded infrastructure, minerals, energy, food production, housing, or recreation;
(b) the ability of the permittee to mitigate isolated wetland loss or degradation as measured by isolated wetland functions;
(c) the environmental benefit, measured by isolated wetland functions, that may occur through mitigation efforts, including restoring, preserving, enhancing, or creating isolated wetland functions; and
(d) whether the impact on the isolated wetland is temporary or permanent.
(3) Except as otherwise provided in this section, requirements for mitigation may be imposed when the department finds that an activity undertaken under this section will result in the loss or degradation of isolated wetland functions in an isolated wetland larger than five contiguous acres where the loss or degradation is not temporary or incidental to human activity. When determining mitigation requirements in a specific case, the department shall take into consideration the type of isolated wetland affected by the activity, the nature of the impact on wetland functions, whether any adverse effects on isolated wetlands are of a permanent or temporary nature, and the cost effectiveness of the mitigation, and shall seek to minimize the cost of the mitigation. The mitigation requirement must be calculated based upon the specific impact of a particular project. The department shall consider the mitigation requirement of this section to be met with respect to activities in isolated wetlands if the activities are carried out in accordance with an approved reclamation plan or permit that requires recontouring and revegetation.
(B) Any mitigation under this section must involve a clearly defined mitigation project that is subject to a formal agreement with the department and for which adequate assurance of success and timely implementation have been given, such as long-term monitoring and maintenance provisions and conservation easements. Mitigation banks approved under the Joint State and Federal Administrative Procedures for the Establishment and Operation of Wetland Mitigation Banks in South Carolina must be considered to be in compliance with the requirements of this subsection.
(C) Notwithstanding the provisions of this section, the department may waive requirements for compensatory mitigation if the department finds that there is an abundance of similar isolated wetland functions in the watershed in which the proposed activity is to occur that will continue to serve the functions lost or degraded as a result of the activity, taking into account the impacts of the proposed activity and the cumulative impacts of similar activities in the watershed.
(D) Notwithstanding any other provision of this chapter, the department shall issue a permit if the application has clearly demonstrated that the applicant's property will have virtually no economic use unless a permit is issued for the proposed activity.
(E) Compensatory mitigation must be limited as prescribed in Section 48-38-50(H). If mitigation is required and if on-site mitigation is not a feasible alternative, then off-site mitigation is from a mitigation bank with available credits in the service area. Mitigation in a mitigation bank must be supplied from an approved mitigation bank where wetland functions have already been restored. If a mitigation bank is not available, then an in-lieu bank must be accepted. Mitigation may be in an isolated wetland or in a wetland under federal jurisdiction.
Section 48-38-70. (A) The following activities are not prohibited by or otherwise subject to regulation under this chapter:
(1) normal farming, silviculture, aquaculture, prior converted crop fields, and ranching activities in existence on the effective date of this chapter including, but not limited to, plowing, seeding, cultivating, haying, grazing, normal maintenance activities, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;
(2) activities for the purpose of maintenance including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, flood control channels or other engineered flood control facilities, water control structures, water supply reservoirs, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;
(3) activities for the purpose of maintenance of farm or stock ponds, wildlife management structures, or irrigation canals or ditches, or the maintenance of drainage ditches;
(4) activities for the purpose of construction of temporary stormwater management measures on a construction site that do not include placement of fill material into the navigable waters;
(5) activities for the purpose of construction or maintenance of farm roads, forest roads, temporary roads for moving mining equipment or mined materials, or access roads for utility lines, where the roads are constructed and maintained in accordance with best management practices to assure that the reach of the wetland is not decreased;
(6) activities in isolated wetlands created as the result of normal human or vehicular activity;
(7) mining activities and associated stockpiling of mined materials in isolated wetlands conducted pursuant to a federal, state, regional, or local permit that requires the reclamation of the affected isolated wetlands if the reclamation shall be completed within a reasonable period of time after completion of activities at the site and, upon completion of the reclamation, the isolated wetlands shall support functions generally equivalent to the functions supported by the isolated wetlands at the time of commencement of such activities;
(8) activities for the placement of a structural member for a pile-supported structure, such as a pier or dock, or for a linear project such as a bridge, transmission or distribution line footing, power line structure, or elevated or other walkway. This includes special clearing activities or techniques that meet the Corps of Engineers criteria for exemption for wetlands permitting;
(9) activities related to the emergency maintenance or repair to electrical generation, transmission, or distribution systems, including their ancillary facilities, such as gas pipeline facilities, which are commenced following catastrophic events, whether natural or manmade, or under an emergency order to protect the public's health and safety;
(10) activities necessary for routine and emergency repair, maintenance, replacement of, or minor improvements to systems serving the public such as electricity, natural gas, communications, water, sewer, and railroad;
(11) construction of bulkheads or other structures for the sole purpose of preventing bank erosion or collapse provided no fill is necessary;
(12) repair or replacement of structures or fill in existence on the effective date of this chapter, so long as the original structure is not expanded so as to require additional square footage of regulated areas filled;
(13) fill required for remediation of any hazardous waste site, whether pursuant to the federal Resource Conservation and Recovery Act, or the federal Comprehensive Environmental Response, Compensation and Liability Act or the state's solid or hazardous waste provisions of law;
(14) fill required for compliance with a state or federal order related to enforcement of state or federal statutes regulating fill of waters or wetlands or navigable waters;
(15) activities in an isolated wetland of one contiguous acre or less in size;
(16) property that is wholly owned by a head of household, or by the estate thereof, and transferred in whole or in part to his or her immediate heirs;
(17) construction of transportation infrastructure projects for the state system.
Section 48-38-80. (A) The department, after notice and opportunity to affected parties for comment and a public hearing, shall issue general permits for any category of activities if the department determines that the activities in the category causes only minimal adverse environmental effects when performed separately, and shall have only minimal cumulative adverse effect on the environment. The department may prescribe best management practices for any general permit issued under this section. The department shall consider any optional mitigation proposed by an applicant in determining whether the net adverse environmental effects of a proposed activity are minimal.
(B) No general permit issued under this section may be for a period of more than five years after the date of its issuance and the general permit may be revoked or modified by the department if, after notice and opportunity to affected parties for comment and a public hearing, the department determines that the activities authorized by the general permit have an adverse impact on the environment or the activities are more appropriately authorized by individual permits.
(C) Adoption or change of a general permit under this chapter must be noticed in the South Carolina State Register.
Section 48-38-90. (A) Appeal of a federal delineation shall follow the federal appeals process.
(B) The applicant or other affected person with standing to contest the grant or denial of an application may request a contested case proceeding pursuant to the Administrative Procedures Act.
Section 48-38-100. (A) The department shall use this chapter as the sole authority for permitting of isolated wetlands. Notwithstanding any other provision of law or regulation, the department shall not use another permit or certification to enforce regulations or otherwise manage or govern activities in an isolated wetland.
(B) No regional or local government may prescribe or attempt to enforce any control or regulation with respect to any isolated wetland subject to the jurisdiction of the State under this act. Nothing in this section precludes a local government from adopting ordinances which are not inconsistent with this act.
Section 48-38-110. (A) The department, within eighteen months after the effective date of this chapter and in consultation with appropriate state agencies and stakeholders in the regulated community, shall issue regulations to implement this chapter.
(B) The department is authorized to promulgate a schedule of fees, subject to the Administrative Procedures Act, for providing services necessary to operate the permitting program and is further authorized to retain the fees for the operation of the permitting program. The amount of the fees may not exceed the cost of operating the isolated wetlands permitting program."
Section 48-38-130. Notwithstanding the provisions of this chapter, activities resulting in an impact to a Carolina Bay are prohibited. These activities include, but are not limited to:
(1) discharge of dredge or fill material;
(2) construction of ditches and other drainage structures.
C. Chapter 37 of Title 12 of the 1976 Code is amended by adding:
"Section 12-37-945. Property that is mapped or delineated as isolated wetlands must be considered undeveloped property for assessment purposes until such time as the landowner obtains a permit in the manner provided by law that allows the property to be developed."
D. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-95. Any nationwide permit shall be deemed to comply with the applicable water quality criteria and coastal zone management criteria of the State without any further terms or conditions imposed by the department. The Department may not impose any additional conditions, terms, or limitations on any nationwide permit. For the purposes of this section, a 'nationwide permit' shall be a permit promulgated pursuant to 33 C.F.R. Part 330, as amended, adopted, or approved by the Charleston District of the United States Army Corps of Engineers."
E. Section 48-39-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by department, and the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:
'The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not'.
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three- year time limit and where manmade alterations change the critical area line. Notwithstanding any other provision of this chapter, a critical area delineation incorporated or otherwise referenced in any provision of a permit issued by the department shall be valid for the term of the permit."
F. This section takes effect January 1, 2005.
SECTION 3. A. This section may be cited as the "Aquatic Life Protection Act".
B. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-87. (A) In order to provide for the survival and propagation of a balanced indigenous community of flora and fauna as set forth in Regulation 61-68 in a manner consistent with Section 48-1-20, the department may only impose NPDES permit limitations for whole effluent toxicity ('WET') expressed in terms of survival endpoints where, based on the mixing zone authorized in subsection (D), the department determines that a discharge has the reasonable potential to cause or contribute to an excursion of a water quality criterion in Regulation 61-68, other than numeric criteria for specific pollutants, that apply to the protection of indigenous aquatic organisms.
(B) The department shall promulgate regulations to implement WET tests that incorporate the findings of the study required by this subsection. The study must:
(1) develop a valid scientific correlation between sublethal WET test results and the biological integrity of representative lakes, streams, and estuaries in this State, wherein biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms;
(2) calibrate EPA's standard toxicity testing species and methods to the natural water chemistry representative of the lakes, streams, groundwater, and natural storm water runoff of this State; and
(3) as necessary, develop sublethal WET testing protocols in accordance with applicable EPA regulations and guidance using fish and invertebrate species native to this State, including sensitivity analyses to validate these native species for use in further sublethal WET tests, and to provide the correlations and calibrations set forth in items (1) and (2).
(C) Until such time as the department complies with subsection (B), the department may use sublethal WET test failures associated with a specific discharge only for the following purposes:
(1) to require additional WET testing;
(2) to require a Toxicity Identification Evaluation;
(3) to require an instream bioassessment;
(4) to impose a permit limit expressed in terms of lethality where the department can show reasonable potential pursuant to subsection (A); or
(5) to impose WET permit limits expressed in terms of sublethal endpoints where the department can show reasonable potential, in conformity with subsection (D), with respect to the specific discharge.
(D) For purposes of performing WET reasonable potential determinations for a specific discharge and, where justified, setting WET permit limitations for that discharge, the department shall:
(1) adjust for actual frequency, duration, and magnitude of exposure to potentially toxic discharges;
(2) evaluate acute and chronic instream exposure based on the complete mixing of the effluent with 100% of that stream flow statistically calculated to represent the lowest average flow conditions that occur continuously for a seven-day period once every ten years (7Q10) or, for water bodies other than streams including, but not limited to, lakes and ponds, other reasonably equivalent conditions based on complete mixing with the 7Q10 flow of source waters feeding the water body;
(3) use stream flow conditions other than those described in item (2) where justified by hydrological controls that are capable of ensuring minimum flow conditions higher than the respective ten year flows identified in item (2), to evaluate acute and chronic exposure, using the actual frequency, duration, and magnitude of that exposure;
(4) use, for stormwater discharges, stream flows higher than 7Q10 that are proportional to the rainfall event responsible for the stormwater discharge, with any resulting WET permit limitations comprising only those expressed in terms of acute survival endpoints;
(5) consider such mixing calculations as described in items (1), (2), (3), and (4) to be consistent with its policy set forth in Regulation 61-68 for minimizing mixing zones;
(6) provide for, at the request of an individual discharger, setting WET permit limitations based on actual flow conditions that may be present above the minimum flows defined in items (2), (3), and (4);
(7) show, based on scientifically established and statistically sound procedures and with results validated by independent peer review, that a statistically significant correlation exists between sublethal WET test results for the specific discharge and the extent of adverse impact on the indigenous biological community downstream of the discharge prior to imposing WET permit limits expressed in terms of sublethal endpoints;
(8) utilize a weight of evidence approach that gives primary consideration to compliance with numeric criteria and actual instream biological conditions;
(9) show that WET test results are at levels above which there is adequate confidence that test organism survival or reproductive rate in the effluent is statistically significantly different from test organism survival or reproductive rate in the control;
(10) allow, at the request of the permittee, the use of ambient receiving waters as control and diluent waters in WET tests used for compliance purposes; and
(11) exempt once-through, noncontact cooling water, to which no biocides have been added, from toxicity requirements.
(E) The department shall establish formal data quality objectives that define the level of accuracy and precision necessary to correctly evaluate WET test results and shall establish an enhanced laboratory certification program to implement those objectives.
(F) The department shall disclose, in the rationale for any NPDES permit in which a WET limit is imposed, the number of WET limit excursions that are statistically expected to arise during the permit term due to statistical error, analytical variability, or other factors unrelated to actual effluent quality.
(G) No later than one year after the effective date of this section, the department shall promulgate regulations, consistent with the use reclassification provisions of Regulation 61-68(E)(6) and conforming with applicable EPA regulations and guidance, to allow temporary variances from WET-based requirements or permit limits for a period of three years, subject to review and, as appropriate, subsequent renewals.
(H) Any provision in this section must not be construed to limit the department's authority to adopt water quality criteria or to impose permit limits for specific chemical pollutants, and any provision in this section must not be construed to obligate the department to revalidate existing water quality criteria or establish additional water quality criteria for specific chemical pollutants.
(I) For the purpose of implementing Section 48-1-20 and Regulation No. 61-68:
(1) 'Propagation' means self-sustaining presence and dissemination of aquatic organisms native to this State within their natural environment.
(2) 'Biological integrity' means a measure of the health of an aquatic or marine ecosystem using the richness and abundance of species as the primary indicator, and 'biological integrity' is a key component of an 'instream bioassessment'.
(3) 'Valid scientific correlation' means a statistically valid relationship allowing the prediction, to within a pre-determined statistical confidence level of at least ninety-five percent, of the value of a second variable or parameter from the value of a first variable or parameter.
(4) 'Sublethal toxicity tests' means laboratory experiments that measure the nonlethal biological effects, including, but not limited to, growth or reproduction, of effluents or receiving waters on aquatic organisms.
(5) 'Calibrate' means a process to establish the baseline control condition based on the normal range of biological responses likely to occur when standard test organisms are exposed to various nontoxic waters sampled from streams and lakes throughout the State.
(6) 'Frequency, duration and magnitude of exposure' means a measure of the potential for toxic effects to occur based on the amount of time that an organism is likely to be in contact with a given concentration of a potentially toxic substance and the probability that similar contact conditions will reoccur in waters of this State."
SECTION 4. Chapter 59 of Title 44 of the 1976 Code, as contained in SECTION 1 takes effect upon approval by the Governor and upon enactment of a comparable act by the State of North Carolina establishing the River Basins Advisory Commissions. All other provisions of this act, unless otherwise stated, take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. MCLEOD moved to divide the question.
Rep. WITHERSPOON moved to table the motion.
Rep. WITHERSPOON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bingham R. Brown Cato Chellis Clark Clemmons Cooper Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Hamilton Harrell Harrison Haskins Hayes Hinson Jennings Koon Leach Littlejohn Loftis Mahaffey Martin Merrill Ott Owens Perry Pinson M. A. Pitts Quinn Rhoad Rice Sandifer Skelton G. R. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Townsend Tripp Trotter Umphlett Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Branham G. Brown J. Brown Clyburn Cobb-Hunter Cotty Gilham Govan Hagood Harvin Herbkersman J. Hines Hosey Keegan Kennedy Kirsh Lee Limehouse Lloyd Lourie Lucas Mack McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks E. H. Pitts Richardson Rivers Rutherford Scarborough D. C. Smith G. M. Smith J. E. Smith Stille Thompson Toole Weeks
So, the motion to divide the question was tabled.
Rep. WITHERSPOON continued speaking.
Rep. J. E. SMITH raised the Point of Order that the Bill was out of order in that a fiscal impact statement was not attached to the Bill.
Rep. WITHERSPOON argued contra.
SPEAKER WILKINS stated that the Bill did not have an effect on expenditures of money by the State as defined in Rule 5.13 and he therefore overruled the Point of Order.
Rep. J. E. SMITH moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Branham J. Brown R. Brown Ceips Cotty Emory Gilham Hagood Harrell Harvin Herbkersman Hosey Keegan Limehouse Lloyd Lourie Mack McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal Parks Richardson Rivers Rutherford Scarborough D. C. Smith J. E. Smith Toole Weeks
Those who voted in the negative are:
Anthony Bailey Bales Barfield Battle Bingham G. Brown Cato Chellis Clark Clemmons Clyburn Cooper Dantzler Davenport Delleney Duncan Edge Freeman Frye Govan Hamilton Harrison Haskins Hayes J. Hines Hinson Jennings Kennedy Kirsh Leach Lee Loftis Lucas Mahaffey Martin McCraw Neilson Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Scott Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Wilkins Witherspoon Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21329SD04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-59-10. As used in this chapter:
(1) 'River basins' means that land area designated as the Catawba/Wateree, Yadkin/Pee Dee River Basins by the North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control.
(2) 'Commission' means the River Basins Advisory Commissions. The commissions shall be constituted as described below and there shall be a separate commission for each river basin.
Section 44-59-20. (A) There is established the River Basins Advisory Commissions. The commissions shall be permanent bodies composed of members from the State of North Carolina and the State of South Carolina.
(B) The purpose of each commission shall be to:
(1) provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it considers necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the river basins;
(2) provide a forum for discussion of issues affecting the basin's water quantity and water quality, and issues affecting other natural resources;
(3) promote communication, coordination, and education among stakeholders within the river basins;
(4) identify problems and recommend appropriate solutions;
(5) undertake studies related to water quantity, water quality, and other natural resources in the basin based on existing data available from agencies located in either state;
(6) develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this item must be effective upon an affirmative vote by a majority of the commission members;
(7) establish standing and ad hoc committees, which must be constituted in a manner to ensure a balance between recognized interests and states. The commissions shall determine the purpose of each standing or ad hoc committee;
(8) determine the optimum approach to comprehensively and collaboratively provide recommendations for integrated river management including, but not limited to, the total assimilative capacity of the basin;
(9) seek, apply for, accept, and expend gifts, grants, donations, services, and other aid from public or private sources. The commissions may accept or expend funds only after an affirmative vote by a majority of the members of the commissions;
(10) exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same;
(11) enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the commissions;
(12) designate a fiscal agent;
(13) perform any lawful acts necessary or appropriate to achieve the purposes of the commission.
(C) All of the authority granted to the River Basins Advisory Commissions shall be advisory in nature and in no way shall the commissions be construed to have any regulatory authority.
(D) The commissions shall have no authority to obligate or otherwise bind the State of North Carolina, the State of South Carolina, or any agency or subdivision of either state.
Section 44-59-30. (A) The North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies.
(B) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental and Natural Resources and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.
Section 44-59-40. Members of each commission shall elect a chairman, vice chairman, and those other officers as they consider necessary with the chairmanship to be rotated between the States of North Carolina and South Carolina.
Section 44-59-50. (A) The Catawba/Wateree Commission shall be composed of fourteen members who reside in counties which abut the Catawba/Wateree River Basin as follows:
(1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives;
(2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate;
(3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives;
(4) two members of the South Carolina Senate, to be appointed by the President Pro Tempore of the South Carolina Senate;
(5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission;
(6) one person from a nonprofit land conservation trust operating within the North Carolina portion of the basin, appointed by the Governor of North Carolina;
(7) the President of Duke Power or his designee;
(8) the Chairman of the Bi-State Catawba River Task Force, or his designee;
(9) the Chief Executive Officer of the Carolina's Partnership, Inc. or his designee;
(10) one person to represent the commissions referenced below, appointed jointly by the three chief executive officers of the commissions: the Lake Wylie Marine Commission established pursuant to Article 4 of Chapter 77 of the North Carolina General Statutes, the Mountain Island Lake Marine Commission established pursuant to Article 6 of Chapter 77 of the North Carolina General Statutes, and the Lake Norman Marine Commission established pursuant to Chapter 1089 of the 1969 North Carolina Session Laws.
(B) The Yadkin/Pee Dee Commission shall be composed of fifteen members who reside in counties which abut the Yadkin/Pee Dee River Basin as follows:
(1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives;
(2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate;
(3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives;
(4) two members of the South Carolina Senate, to be appointed by the President Pro Tempore of the South Carolina Senate;
(5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission;
(6) one member from South Carolina representing the agricultural community to be appointed by the South Carolina legislative members of the commission;
(7) one person from a water or sewer municipal authority, appointed by the Governor of North Carolina;
(8) the President of Progress Energy or his designee; (9) the President of Alcoa Power Generating, Incorporated (APGI) or his designee;
(10) the President of Weyerhaeuser or his designee;
(11) a representative of the land development industry, whose organization does business within the Yadkin/Pee Dee River Basin and who shall be appointed by the Chairman of the Commission.
(C) The legislative members of the commission may appoint as they consider necessary additional members to the commission to serve as advisory members.
(D) State legislative members appointed to the commission shall serve ex officio and shall have terms coterminous with their terms of office. All other members shall serve for a period of two years. Appointments to fill vacancies must be made for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointment.
Section 44-59-60. The members of the commissions shall serve without compensation.
Section 44-59-70. The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the States of North Carolina and South Carolina while in discharge of their duties." /
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. BAILEY moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".
H. 5250 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
H. 5251 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
H. 5252 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, "WORLD WAR II VETERANS RECOGNITION DAY".
H. 5261 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE ENNIS BRYANT, SCHOOL DISTRICT ADMINISTRATOR FOR LEE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-FIVE YEARS AS A TEACHER, COACH, AND ADMINISTRATOR FOR SOUTH CAROLINA PUBLIC SCHOOLS AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
H. 5265 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS VARSITY SOCCER TEAM AND HEAD COACH PHIL SAVITZ ON WINNING THEIR FIFTEENTH CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM CONTINUED SUCCESS IN ALL THEIR FUTURE ENDEAVORS.
H. 5272 (Word version) -- Reps. Wilkins, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL SAT TEAM OF GREENVILLE FOR THEIR DEDICATED AND DILIGENT WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED 2004 CLASS A STATE CHAMPIONS.
H. 5276 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE 2004 CHAPIN HIGH SCHOOL "FIGHTING EAGLES" GOLF TEAM ON THE SCHOOL'S HISTORIC FIRST CLASS AA SOUTH CAROLINA TEAM GOLF TITLE AND WISHING THE GOLFERS WELL AS THEY MOVE ON TO CLASS AAA COMPETITION NEXT YEAR.
H. 5277 (Word version) -- Reps. Coleman, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ELECTRIC & GAS COMPANY AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ON THE OCCASION OF THE TWENTY-YEAR ANNIVERSARY OF THE COMMERCIAL OPERATION OF THE V. C. SUMMER NUCLEAR PLANT, A JOINT PARTNERSHIP BETWEEN THESE TWO OUTSTANDING ORGANIZATIONS, WHICH WILL BE CELEBRATED ON MAY 27, 2004.
H. 5278 (Word version) -- Reps. Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO OFFER WARMEST AND HEARTFELT CONGRATULATIONS TO MR. AND MRS. JASPER SALMOND OF RICHLAND COUNTY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
H. 5279 (Word version) -- Reps. Neilson, 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, 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, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. RAYMOND P. BYNOE OF COLUMBIA AND HIS MULTI-DISCIPLINARY TEAM, INCLUDING DR. BRADLEY PRESNAL, DR. DAVID B. FULTON, DR. CHARLOTTE THOMPSON, DR. LENWOOD SMITH, AND DR. ED HUDSON, FOR THEIR HEROIC EFFORTS THAT SAVED REPRESENTATIVE DENNY NEILSON'S LIFE AFTER HER ACCIDENT IN FEBRUARY 2001.
H. 5319 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO CONGRATULATE ROBERT BRENTON DANA ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE IN AUGUST OF 2003, TO COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 5320 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE RICHARD PAYSON DANA ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE IN AUGUST OF 2003, TO COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 5321 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES RADISSON DANA ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE IN AUGUST OF 2003, TO COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND TO WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 5325 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LINDA WINBURN, AN EIGHTH GRADE TEACHER AT SUMMIT PARKWAY MIDDLE SCHOOL IN COLUMBIA, UPON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 2004-2005 BY THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.
H. 5326 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE MR. ROBERT SCARBOROUGH OF NORTH, FOR HIS DEDICATION TO THE FIELD OF EDUCATION, UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
H. 5327 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND COACHING STAFF OF THE CHERAW HIGH SCHOOL "BRAVES" BASEBALL TEAM ON WINNING THE 2004 CLASS AA STATE BASEBALL CHAMPIONSHIP.
H. 5328 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE W. WYMAN KING ACADEMY "LADY KNIGHTS" SOFTBALL TEAM AND HEAD COACH DENISE ROWE ON WINNING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE OUTSCORING THEIR COMPETITORS WITH A TOTAL SCORE OF 65-9 IN FIVE CONSECUTIVE GAMES.
H. 5345 (Word version) -- Reps. G. M. Smith, G. Brown, Weeks, J. H. Neal, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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. 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. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE CANDI AND CHRISTY CARNES ON BEING NAMED 2004-2005 TEACHERS OF THE YEAR FOR SUMTER SCHOOL DISTRICT TWO AND TO EXPRESS SINCERE APPRECIATION TO THESE TWO OUTSTANDING TEACHERS FOR THEIR HARD WORK AND DEDICATION TO THE YOUNG PEOPLE OF SUMTER.
At 4:55 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Irene Anderson Norman, to meet at 10:00 a.m. tomorrow.
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