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


Printed Page 2863 . . . . . Tuesday, April 27, 2004

Tuesday, April 27, 2004
(Statewide Session)

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 51:15: "O Lord, open my lips and my mouth will declare Your praise."
Let us pray. Almighty God, great in faithfulness, be present with us this day. Guide the minds and hearts of these leaders of our State. May the decisions made here be acceptable in Your sight. Watch over this body of people You have called to be Representatives for the people of this State. Give wisdom to our leaders of this State and Nation. Hold our defenders of freedom in Your arms of safety and be present for those at home. In Your name we pray. Amen.

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

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

MOTION ADOPTED

Rep. BALES moved that when the House adjourns, it adjourn in memory of Margaret Suber, which was agreed to.

R. 274, H. 4919--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 26, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4919 (Word version), R.274, a Joint Resolution:


Printed Page 2864 . . . . . Tuesday, April 27, 2004

TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003. When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation like H. 4919 is that it is unnecessary given the enactment of Act 89.

Section 1 of Act 89 (Section 59-1-430(A) of the South Carolina Code of Laws) states that, "[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of . . . [snow, extreme weather conditions, or other disruptions requiring schools to close]." As a result of this requirement, students of the Marlboro County School District made up one day out of a total of four days which they missed due to inclement weather conditions. The school district, however, requested the General Assembly to waive the remaining three days.

As a policy, we should require school districts to exhaust their make-up days prior to seeking a waiver from the General Assembly under Section 59-1-430(B), except in extremely unusual circumstances. Currently, most school districts have either proceeded with using their scheduled make-up days or intend to do so. I believe Act 89 should be applied uniformly to all school districts such that school districts should not obtain legislative relief before using its make-up days which must be scheduled under Section 59-1-430(A). This policy was applied when I recently signed H. 4937, R.226, a bill authorizing the Greenville County School Board of Trustees to forgive two additional days beyond the three scheduled make-up days already exhausted by Greenville County students. That legislation is the model in both process and policy that this administration envisioned when I signed Act 89 in 2003.


Printed Page 2865 . . . . . Tuesday, April 27, 2004

For this reason, I am returning H. 4919, R.274 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 272, H. 4912--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

April 26, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4912 (Word version), R.272, a Joint Resolution:

TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004, EXCEPT THAT THE SHAD SEASON IN THE ATLANTIC OCEAN TERRITORIAL SEA IS NOT EXTENDED.

This bill extends the shad season in Game Zone 9 to April 15, 2004. Because H. 4912, R.272 did not become law before April 15, 2004, it has no effect.

For this reason, I am returning H. 4912, R.272 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 2866 . . . . . Tuesday, April 27, 2004

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 20, 2004
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Allendale County Master-in-Equity
Term Commencing: December 31, 2002
Term Expiring: December 31, 2008
Seat: Master-in-Equity
Vice:

Initial Appointment
The Honorable Walter H. Sanders, Jr.
P.O. Box 840
Fairfax, South Carolina 29827
803-632-3347

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2906
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320


Printed Page 2867 . . . . . Tuesday, April 27, 2004

Repeal of Video Poker Regulations
Received by Speaker of the House of Representatives
April 27, 2004
Referred to Ways and Means Committee
Legislative Review Expiration August 25, 2004 (Subject to Sine Die Revision)

Document No. 2908
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110, 1-23-110, et seq., 38-43-106
Continuing Insurance Education
Received by Speaker of the House of Representatives
April 27, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 25, 2004 (Subject to Sine Die Revision)

Document No. 2907
Agency: Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 61-2-60
Drive-In/Drive-Thru Establishments Prohibited
Received by Speaker of the House of Representatives
April 27, 2004
Referred to Judiciary Committee
Legislative Review Expiration August 25, 2004 (Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

Columbia, S.C., April 27, 2004
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.


Printed Page 2868 . . . . . Tuesday, April 27, 2004

HOUSE RESOLUTION

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

H. 5173 (Word version) -- Rep. Snow: A HOUSE RESOLUTION RECOGNIZING ROBERT RAY "CHICK" HEDRICK OF HORRY COUNTY AS THE STATE OF SOUTH CAROLINA CELEBRATES "BEACH MUSIC DAY", FOR HIS UNFLAGGING PROMOTION OF AND COUNTLESS CONTRIBUTIONS TO THE SHAG, SOUTH CAROLINA'S OFFICIAL STATE DANCE.

Whereas, the official State Dance of South Carolina, The Shag, evolved on the coast of this State and is best performed to the unique beat and sound of beach music; and

Whereas, it is appropriate to recognize the importance of The Shag to the State of South Carolina during this annual celebration of "Beach Music Day" on the Statehouse grounds; and

Whereas, no one person has been more influential in the promotion of The Shag and in his contributions to ensuring that The Shag be awarded its proper place in the cultural history of the Palmetto State than Robert Ray "Chick" Hedrick; and

Whereas, "Chick's" Shaggers Hall of Fame, located in Ocean Drive Beach, the North Myrtle Beach area of South Carolina, serves to highlight The Shag by inducting into its membership those folks who have excelled at the dance itself and in the promotion of the dance; and

Whereas, the Shaggers Hall of Fame's mission has evolved over the years, not only recognizing the accomplished dancers, but also becoming a charitable organization helping the less fortunate within the shagging community; and

Whereas, in 1998, "Chick" noticed an insurgence of young and talented shaggers. It was not long before he started the "Keepers of the Dance" Award. Each year one male and one female are recognized as "Keepers of the Dance", and through this award Chick and others hope to keep The Shag alive; and


Printed Page 2869 . . . . . Tuesday, April 27, 2004

Whereas, because of his efforts to gain recognition for The Shag and South Carolina's Shaggers, and with the constant encouragement and support of his wife, Carolyn, "Chick" Hedrick has assured the continuing vitality of the State Dance for many years and thousands of shaggers to come. 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, recognize Robert Ray "Chick" Hedrick of Horry County as the State of South Carolina celebrates "Beach Music Day", for his unflagging promotion of and countless contributions to The Shag, South Carolina's Official State Dance.

Be it further resolved that a copy of this resolution be presented to Robert Ray "Chick" Hedrick.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5174 (Word version) -- Reps. J. Brown, Branham, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, 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, 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 SHOW APPRECIATION TO DOC MCKENZIE FROM LAKE CITY,


Printed Page 2870 . . . . . Tuesday, April 27, 2004

SOUTH CAROLINA, FOR ALL OF HIS SERVICES AND FOR BEING A POSITIVE INFLUENCE IN THE LIVES OF THE MANY PEOPLE WITH WHOM HE HAS COME IN CONTACT IN THIS STATE AND NATION.

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

INTRODUCTION OF BILLS

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

H. 5175 (Word version) -- Reps. Viers, Edge, Merrill, Barfield, Clemmons, Harrison, Altman, Bailey, Bingham, Branham, J. Brown, Cato, Ceips, Chellis, Emory, Hamilton, Harrell, Harvin, Hayes, Herbkersman, Howard, Huggins, Keegan, Leach, Lucas, Martin, McGee, Miller, Ott, Pinson, E. H. Pitts, M. A. Pitts, Sandifer, Scarborough, Simrill, G. M. Smith, G. R. Smith, W. D. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Vaughn, Whitmire, Wilkins and Young: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW A PROPERTY TAXPAYER TO PAY PROPERTY TAXES ON REAL PROPERTY IN QUARTERLY INSTALLMENTS, SO AS TO DELETE THE REFERENCE TO "QUARTERLY" AND ALLOW THE ORDINANCE TO PROVIDE FOR THAT SCHEDULE OF INSTALLMENTS THE GOVERNING BODY OF THE COUNTY CONSIDERS APPROPRIATE.
Referred to Committee on Ways and Means

H. 5176 (Word version) -- Reps. Altman and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-17 SO AS TO REQUIRE A CANDIDATE FILING FOR OFFICE TO RESIDE IN THE ELECTION DISTRICT FROM WHICH HE IS TO BE ELECTED AT THE TIME OF FILING FOR THAT OFFICE.
Referred to Committee on Judiciary

H. 5177 (Word version) -- Rep. Clyburn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT ARE ELECTED AND


Printed Page 2871 . . . . . Tuesday, April 27, 2004

DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. MCLEOD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5179 (Word version) -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-125 SO AS TO PROHIBIT THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR AN IMPROVEMENT TO REAL ESTATE AGAINST WHICH A VALID, RECORDED MECHANIC'S LIEN EXISTS, AND TO PROVIDE THAT THE OWNER OF THE REAL ESTATE MUST ALSO FILE WITH THE OFFICE ISSUING THE CERTIFICATE OF OCCUPANCY AN AFFIDAVIT STATING THAT ALL SUBCONTRACTORS WHO PERFORMED WORK ON THE IMPROVEMENTS HAVE BEEN PAID IN FULL, AND THIS AFFIDAVIT IS REQUIRED BEFORE THE CERTIFICATE OF OCCUPANCY MAY BE ISSUED.
Referred to Committee on Labor, Commerce and Industry

S. 798 (Word version) -- Senators Thomas and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT BE ALLOWED TO REGISTER A MOTOR VEHICLE IN HIS NAME UNDER CERTAIN CIRCUMSTANCES, AND MUST PAY A MOTOR VEHICLE REINSTATEMENT FEE BEFORE HE MAY REGISTER A MOTOR VEHICLE IN HIS NAME.
Referred to Committee on Judiciary


Printed Page 2872 . . . . . Tuesday, April 27, 2004

S. 1013 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.
Referred to Committee on Ways and Means

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.
On motion of Rep. TALLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5180 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, 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, 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,


Printed Page 2873 . . . . . Tuesday, April 27, 2004

Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JOHN WILLIAMS, JR. FOR HIS EIGHT YEARS OF EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES AND HIS LIFETIME COMMITMENT TO THE EDUCATION OF OUR STATE'S SONS AND DAUGHTERS, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

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

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough

Printed Page 2874 . . . . . Tuesday, April 27, 2004

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            Stewart
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 27.

McLain R. "Mac" Toole             Chip Huggins
John J. "Bubber" Snow             Joseph Neal
Grady Brown                       William Clyburn
Glenn Hamilton                    Todd Rutherford
Bill Cotty                        Alex Harvin
Teddy Trotter                     H.B. "Chip" Limehouse
Phillip D. Owens                  Richard Quinn
Seth Whipper                      Marty Coates

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. SANDIFER presented to the House Jessica Diane Eddins, Miss South Carolina of 2003, and the 2004 Miss South Carolina contestants.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,


Printed Page 2875 . . . . . Tuesday, April 27, 2004

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

CO-SPONSOR ADDED

Bill Number:   H. 4653 (Word version)
Date:   ADD:
04/27/04   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4906 (Word version)
Date:   ADD:
04/27/04   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 4440 (Word version)
Date:   ADD:
04/27/04   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4907 (Word version)
Date:   ADD:
04/27/04   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4907 (Word version)
Date:   ADD:
04/27/04   NEILSON


Printed Page 2876 . . . . . Tuesday, April 27, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4907 (Word version)
Date:   ADD:
04/27/04   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 4907 (Word version)
Date:   ADD:
04/27/04   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4481 (Word version)
Date:   ADD:
04/27/04   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 4921 (Word version)
Date:   ADD:
04/27/04   EMORY

CO-SPONSOR ADDED

Bill Number:   H. 4747 (Word version)
Date:   ADD:
04/27/04   EMORY

CO-SPONSOR REMOVED

Bill Number:   H. 5111 (Word version)
Date:   REMOVE:
04/27/04   LOURIE

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 5130 (Word version) -- Reps. E. H. Pitts, Huggins and McLeod: A BILL TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM


Printed Page 2877 . . . . . Tuesday, April 27, 2004

OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.

H. 4785--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4785 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT A BONDSMAN OR RUNNER MAY NOT PERFORM, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT RETRIEVE A BONDS LIST FROM A JAIL OR RETRIEVE ANY NAMES AND FAMILY RECORDS FROM ANY JAIL RECORDS; TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE ACTIVITIES OF BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS HAS COMMITTED A CRIME OF MORAL TURPITUDE, TO RECLASSIFY A VIOLATION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12447CM04):
Amend the bill, as and if amended, by striking Section 3, page 3 and inserting:
/SECTION   3.   Section 38-53-80 of the 1976 Code is amended to read:

"Section 38-53-80.   (A)   No A person may not act in the capacity of a professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or powers prescribed for professional or surety bondsmen or runners under the provisions of this chapter unless that person is qualified, except for an accommodation bondsman, licensed in accordance with the provisions of this chapter. No A license may not be issued to a professional bondsman, surety bondsman, or runner except as provided in this chapter.

(B)   The applicant shall apply for a license or renewal of a license on forms prepared and supplied by the director or his designee. The director or his designee may ask the applicant any questions, written or otherwise, relating to his qualifications, residence, prospective place of business, and any other inquiries which, in the opinion of the director


Printed Page 2878 . . . . . Tuesday, April 27, 2004

or his designee, are necessary in order to protect the public and ascertain the qualifications of the applicant. The director or his designee shall request that the State Law Enforcement Division conduct any reasonable investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed.

(C)   The failure of the applicant to secure approval of the director or his designee does not preclude him from applying as many times as he desires, but no application may be considered by the director or his designee within one year subsequent to the date upon which the director or his designee denied the applicant's last application.

(D)   The department must issue to every licensed surety bondsman and runner an identification card which they must possess when they perform their duties.

(E)   The department may set and charge a fee for the cost of production and issuance of the required identification cards as prescribed by bulletin."
SECTION   4.   Sections 1 and 2 of this act take effect upon approval by the Governor. Section 4 of this act takes effect on July 1, 2005./
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.

Reps. MOODY-LAWRENCE, HAYES, SCOTT, J. E. SMITH, GOVAN, HOSEY and LLOYD requested debate on the Bill.

H. 5078--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR


Printed Page 2879 . . . . . Tuesday, April 27, 2004

RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 21192SD04):
Amend the bill, as and if amended, by striking Section 58-9-295 of the 1976 Code, as contained in SECTION 1, and inserting:
/   SECTION   1.   Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section   58-9-295.   (A)   No telecommunications service provider or any parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with any person or entity that does any of the following:

(1)   requires such person or entity to restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State or otherwise deny or restrict access to the real property by any other telecommunications service provider; or

(2)   offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon the provision of telecommunications service on the premises by a single telecommunications service provider.

(B)   Nothing in this section prohibits a user or prospective user of telecommunications service from entering into a lawful agreement with a telecommunications service provider with respect to the user or prospective user's own telecommunications service.

(C)   Nothing in this section shall prohibit an entity described in subsection (A) of this section from entering into any contract, agreement, or arrangement, oral or written, by which an owner of real property or the owner's agent agrees to encourage users or prospective users of telecommunications service to select a particular telecommunications service provider. However, the contract, agreement, or arrangement may not restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State and also may not require the owner or the owner's agent to refuse or restrict access to the


Printed Page 2880 . . . . . Tuesday, April 27, 2004

real property by any other telecommunications service provider. All contracts, agreements, or arrangements made on or after the effective date of this section are void and unenforceable.

If the owner of real property or the owner's agent refuses access to another telecommunications service provider, then the telecommunications service provider that owns the telecommunications facility on such real property shall be required to offer the requesting telecommunications carrier consistent with state and federal law:

(1)   interconnection;

(2)   unbundled network elements; and

(3)   resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers.

(D)   Any telecommunications service provider who violates the provisions of this section shall be subject to penalties as set forth in Article 13, Chapter 9 of Title 58.

(E)   Contracts, agreements, and arrangements subject to this section may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55.

(F)   For purposes of this section, 'telecommunications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned telecommunications provider as defined in Section 58-9-2610(1), and a telephone cooperative as defined in Section 33-46-20(4)." /
Renumber sections to conform.
Amend title to conform.

Rep. SANDIFER explained the amendment.

Reps. G. M. SMITH, SCOTT, WEEKS, J. E. SMITH, RIVERS, MOODY-LAWRENCE, CATO, GOURDINE, J. BROWN, SANDIFER, TRIPP, G. R. SMITH, CHELLIS, DAVENPORT and WITHERSPOON requested debate on the Bill.

MOTION ADOPTED

Rep. SNOW moved that upon the completion of the Ratification of Acts, the House recede until 2:15 p.m., which was agreed to.

RATIFICATION OF ACTS

At 12:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:


Printed Page 2881 . . . . . Tuesday, April 27, 2004

(R284, S. 949 (Word version)) -- Senators Leatherman and Ford: AN ACT TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO REQUIRE A LICENSEE TO REVEAL HIS LICENSE STATUS IN A PERSONAL TRANSACTION INVOLVING THE PURCHASE, SALE, EXCHANGE, RENTAL, LEASE, OR AUCTION OF REAL ESTATE AND PROVIDE THE CONDITIONS UNDER WHICH THE LICENSEE IS CONSIDERED TO HAVE MET THIS REQUIREMENT; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO


Printed Page 2882 . . . . . Tuesday, April 27, 2004

ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT

Printed Page 2883 . . . . . Tuesday, April 27, 2004

WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION; TO AMEND SECTION 40-57-70, RELATING TO LICENSE FEES, NONRENEWAL PENALTIES AND APPLICATION FEES FOR REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS, SO AS TO REQUIRE THAT THOSE FEES MUST BE ESTABLISHED THROUGH A REGULATION PRIOR TO ITS IMPLEMENTATION AND TO REQUIRE THE REAL ESTATE COMMISSION SUBMIT TO THE CHAIRMAN OF THE HOUSE AND SENATE LABOR, COMMERCE AND INDUSTRY COMMITTEES BY AUGUST FIRST OF EACH YEAR A REPORT ON HOW THE FUNDS WERE EXPENDED FOR THE PRECEDING FISCAL YEAR AND TO AMEND SECTION 40-57-60, RELATING TO THE POWERS AND DUTIES OF THE REAL ESTATE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO ESTABLISH A FEE SCHEDULE THROUGH REGULATION.

(R285, S. 970 (Word version)) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.

(R286, S. 1085 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.

(R287, S. 1114 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.


Printed Page 2884 . . . . . Tuesday, April 27, 2004

(R288, S. 1123 (Word version)) -- Senator Malloy: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R289, S. 1141 (Word version)) -- Senators Malloy and Leatherman: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R290, S. 1142 (Word version)) -- Senators Malloy, Glover, Elliott and Leatherman: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MARLBORO COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R291, S. 1159 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.

(R292, H. 4627 (Word version)) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: AN ACT TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.


Printed Page 2885 . . . . . Tuesday, April 27, 2004

(R293, H. 4650 (Word version)) -- Reps. Harrison, McLeod and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908, 33-44-909, 33-44-910, 33-44-911, 33-44-912, 33-44-913, AND 33-44-914, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, CONVERSIONS OF A LIMITED LIABILITY COMPANY TO A CORPORATION, A LIMITED PARTNERSHIP, OR A PARTNERSHIP, RESPECTIVELY; BY ADDING SECTION 33-44-1208, SO AS TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A FOREIGN CORPORATION IS NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN THIS STATE; BY ADDING SECTION 36-8-307, SO AS TO REQUIRE THE TRANSFEROR OF A SECURITY FOR VALUE TO PROVIDE DOCUMENTATION NECESSARY FOR REGISTRATION OF THE SECURITY; AND BY ADDING SECTION 33-10-110 SO AS TO PROVIDE FOR CONVERSION TO A PUBLIC OR MUTUAL BENEFIT NONPROFIT CORPORATION; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES PAYABLE TO THE SECRETARY OF STATE, SO AS TO INCLUDE FEES FOR FILING OF ARTICLES OF DOMESTICATION AND ARTICLES OF CONVERSION; TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH


Printed Page 2886 . . . . . Tuesday, April 27, 2004

CAROLINA BUSINESS CORPORATION ACT, SO AS TO INCLUDE DEFINITIONS FOR "LIMITED PARTNERSHIP" AND "PARTNERSHIP"; TO AMEND SECTION 33-1-410, RELATING TO WRITTEN NOTICE TO A SHAREHOLDER, SO AS TO PROVIDE FOR NOTICE INCLUDED IN A PROXY STATEMENT; TO AMEND SECTION 33-2-102, AS AMENDED, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT OF AN INITIAL ANNUAL REPORT; TO AMEND SECTION 33-4-104, AS AMENDED, RELATING TO THE FILING OF A NAME CHANGE BY A CORPORATION OWNING REAL PROPERTY, SO AS TO PROVIDE FOR FILING UPON THE CONVERSION OR DOMESTICATION OF A CORPORATION; TO AMEND SECTION 33-6-260, AS AMENDED, RELATING TO THE ISSUANCE OF CORPORATE SHARES WITHOUT A CERTIFICATE, SO AS TO REQUIRE A WRITTEN STATEMENT CONTAINING THE CERTIFICATION INFORMATION UPON THE ISSUE OR TRANSFER; TO AMEND SECTION 33-11-101, AS AMENDED, RELATING TO ENTITIES WITH WHICH A CORPORATION MAY MERGE, SO AS TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTIONS 33-11-105 AND 33-11-106, BOTH RELATING TO THE MERGER OF A SUBSIDIARY OF A CORPORATION AND THE EFFECT OF THE MERGER OR EXCHANGE OF STOCK, SO AS TO SUBSTITUTE "ENTITY" FOR "CORPORATION"; TO AMEND SECTION 33-13-102, AS AMENDED, RELATING TO A SHAREHOLDER'S RIGHT OF DISSENT AND PAYMENT UPON CERTAIN CORPORATE ACTIONS, SO AS TO DELETE A REFERENCE TO A NONPUBLIC CORPORATION AND TO PROVIDE FOR CONVERSION OF A CORPORATION INTO ANOTHER ENTITY; TO AMEND SECTION 33-14-107, RELATING TO UNKNOWN CLAIMS AGAINST A CORPORATION, SO AS TO INCREASE THE TIME FOR ENFORCING THE CLAIM TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO AMEND SECTION 33-14-200, AS AMENDED, AND SECTION 33-14-210, BOTH RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO THE STATE INCOME TAX PROVISIONS; TO AMEND SECTION 33-15-101, AS AMENDED,

Printed Page 2887 . . . . . Tuesday, April 27, 2004

RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS BY A CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO APPLICATION FOR A CERTIFICATE OF AUTHORITY FOR A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTIONS 33-15-300 AND 33-15-310, BOTH AS AMENDED, BOTH RELATING TO REVOCATION OF A CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO A STATE INCOME TAX PROVISION; TO AMEND SECTION 33-31-401 RELATING TO CORPORATE NAME, SO AS TO PROVIDE FOR USE OF NAME AFTER CONVERSION; TO AMEND SECTION 33-31-1101, RELATING TO THE MERGER OF A NONPROFIT CORPORATION AND THE MERGER OF A BUSINESS CORPORATION, SO AS TO PROVIDE FOR MERGERS WITH A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTION 33-42-1690, RELATING TO ACTIVITIES NOT CONSIDERED THE TRANSACTION OF BUSINESS BY A LIMITED PARTNERSHIP, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-208, RELATING TO CERTIFICATES OF EXISTENCE OR AUTHORITY OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE REFERENCES TO ITS MOST RECENT ANNUAL REPORT; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT ISSUES OF A LIMITED LIABILITY COMPANY REQUIRING CONSENT BY ALL MEMBERS, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 33-44-410, RELATING TO ACTIONS BY A MEMBER OF A LIMITED LIABILITY COMPANY SO AS TO PROVIDE FOR ACTIONS BY A MANAGER OF THE COMPANY; TO AMEND SECTION 33-44-801, AS AMENDED, RELATING TO EVENTS GIVING RISE TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE EFFECT OF AN AGREEMENT CHANGING THE STATUTORY PROVISIONS FOR THE PURCHASE OF A DISTRIBUTIONAL INTEREST; TO AMEND SECTION 33-44-806, RELATING TO

Printed Page 2888 . . . . . Tuesday, April 27, 2004

DISTRIBUTING OF ASSETS IN THE WINDING UP OF THE BUSINESS OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT THE DISTRIBUTION TO MEMBERS ACCORD WITH THEIR POSITIVE CAPITAL ACCOUNT BALANCES; TO AMEND SECTION 33-44-809, RELATING TO GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE REQUIREMENT FOR AN ANNUAL REPORT FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-903, RELATING TO THE EFFECT OF CONVERSION OF AN ENTITY TO A LIMITED LIABILITY COMPANY, SO AS TO REQUIRE A FILING GIVING NOTICE OF THE NAME CHANGE IF THE ENTITY OWNS REAL PROPERTY IN THIS STATE; TO AMEND SECTION 33-44-905, RELATING TO ARTICLES OF MERGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR A FOREIGN ENTITY AS A MERGING OR SURVIVING ENTITY OF THE MERGER; TO AMEND SECTION 33-44-1003, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS IN THIS STATE BY A FOREIGN CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-1006, RELATING TO REVOCATION OF THE AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT OF FILING AN ANNUAL REPORT WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-1204, RELATING TO FEES COLLECTIBLE BY THE SECRETARY OF STATE FROM A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE FEE FOR FILING AN ANNUAL REPORT; TO AMEND SECTION 38-90-20, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE LICENSING FOR OPERATION WITHIN THE STATE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE ACTS IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 12-20-40, RELATING TO INITIAL FILINGS WITH THE SECRETARY OF STATE BY A CORPORATION, SO AS TO INCLUDE A DOMESTICATING CORPORATION; AND TO

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REPEAL SECTION 33-14-410, RELATING TO ACTIONS AND JUDGMENTS AGAINST SHAREHOLDERS OF DISSOLVED CORPORATIONS, SECTION 33-44-211, RELATING TO FILING OF AN ANNUAL REPORT BY A FOREIGN OR DOMESTIC LIMITED LIABILITY COMPANY, AND SECTIONS 39-13-10 THROUGH 39-13-40, RELATING TO NAMES OF BUSINESS ESTABLISHMENTS.

(R294, H. 4572 (Word version)) -- Reps. Battle, M. Hines, Richardson and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.

(R295, H. 5112 (Word version)) -- Reps. Miller and Snow: AN ACT TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN GEORGETOWN COUNTY AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. VIERS a leave of absence for the remainder of the day due to going to a Myrtle Beach City Council meeting on behalf of a constituent.

ACTING SPEAKER CLYBURN IN CHAIR

POINT OF QUORUM

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


Printed Page 2890 . . . . . Tuesday, April 27, 2004

SPEAKER IN CHAIR

ORDERED TO THIRD READING

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

S. 898 (Word version) -- Senators J. V. Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: A BILL TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, 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 INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE NURSING PROFESSION.

Rep. PARKS explained the Bill.

H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G. R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING


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FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.

Rep. COTTY explained the Bill.

H. 3989 (Word version) -- Reps. Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING FOR SHAD FOR COMMERCIAL PURPOSES IN THE ATLANTIC OCEAN, SO AS TO CLOSE THE SEASON, AND TO PROVIDE THAT THERE BE NO LAWFUL TIMES, METHODS, AND EQUIPMENT, OR SIZE AND TAKE LIMITS FOR SHAD IN THE ATLANTIC OCEAN BEGINNING JULY 1, 2004.

Rep. RHOAD explained the Bill.

H. 4821--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.


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The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12440AC04), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-37-330 beginning on page 28 and inserting:
/   Section 40-37-330.   (A)   Whenever it is required by law that a visual test of the eye must be made or optometric care of the eye is required of a person by a school or college or a state or county agency, the test or care may be given by an optometrist licensed in this State. When a person is required to furnish evidence of visual efficiency, a report of a licensed optometrist is sufficient evidence to comply with the requirement.

(B)   All agencies of the State and its subdivisions and all commissions, clinics, and boards administering relief, public assistance, public welfare assistance, social security, or health services under the laws of this State shall accept the services of licensed optometrists for all services that they are licensed to perform relating to a person receiving benefits from such an agency or subdivision of the State. These agencies or agents, officials, or employees, of these agencies, including the public schools, may counsel with and advise the persons needing eye care as to the type of service needed and as to those qualified to render the service; however no attempt may be made to guide an individual seeking vision or eye care to either an optometrist or a physician licensed under Title 40, Chapter 47, Physicians, Surgeons, and Osteopaths. The patient must be given free choice in selecting a specialist to serve the patient's vision or eye-care needs in examinations, vision screening, or other vision related services. However, an exception must be made in emergency cases of obvious eye injury or disease where delay in obtaining the services of a physician licensed under Title 40, Chapter 47, Physicians, Surgeons, and Osteopaths might endanger the patient's visual health. Additionally, in recognized instances of disease or anomalies disclosed in the original physical evaluation by an agency, these cases may be referred directly to specialists, ophthalmologists, or optometrists as considered appropriate by the evaluating agency.

(C)   There may be no differential in the fee schedule for payment of vision or eye-care services, whether performed by an optometrist or a physician licensed under Title 40, Chapter 47, Physicians, Surgeons, and Osteopaths, that is, for like services common to both professions.

(D)   No funds appropriated for vision or eye care may be used by an agency that practices discrimination between a licensed optometrist


Printed Page 2893 . . . . . Tuesday, April 27, 2004

or a physician licensed under Title 40, Chapter 47, Physicians, Surgeons, and Osteopaths.

(E)   Nothing in this section may prevent a nurse, school teacher, or welfare worker, employed in public service, from ascertaining the probable need of visual services, if the person does not attempt to diagnose, prescribe, or recommend a particular practitioner or system of practice./
Amend the bill further, by deleting Section 40-37-350(B)(1) beginning on page 29 and inserting:
/(1)   a physician licensed under Title 40, Chapter 47, Physicians, Surgeons, and Osteopaths, in the due course of professional practice; or/
Amend the bill further, by deleting Section 40-37-420 beginning on page 31 and inserting:
/   Section 40-37-420.   (A)   An optometrist licensed for basic practice of optometry as of July 1, 2004, may continue to practice under the conditions provided for in this section, and regulations promulgated under this chapter, as of July 1, 2004, until September 30, 2007. A basic certified optometrist may:

(1)   employ any means, other than the use of drugs, for the measurement of the powers of vision or the adaptation of lenses for the aid of vision;

(2)   in the sale of spectacles, eyeglasses, or lenses, use lenses in the testing of the eye therefore other than lenses actually sold;

(3)   examine the human eye by the employment of any subjective or objective physical means, without the use of drugs, to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means;

(4)   practice orthoptics or prescribe or fit contact lenses;

(B)(1)   An optometrist licensed for diagnostic practice of optometry as of July 1, 2004, may continue to practice under the conditions provided for in this section, and regulations promulgated under this chapter, as of July 1, 2004, until September 30, 2007, if the optometrist has:

(a)   complied with the educational requirements promulgated by the board; and

(b)   passed a pharmaceutical agent examination which must be approved by the board.

(2)   Notwithstanding any other provision of law, a diagnostically certified optometrist may purchase, possess, and


Printed Page 2894 . . . . . Tuesday, April 27, 2004

administer pharmaceutical agents, including pharmaceutical agents for topical application, other than controlled substances, as defined in Section 44-53-110, for diagnostic purposes in the practice of optometry. For the purposes of this subsection, 'pharmaceutical agent' means: anesthetics, mydriatics, cycloplegics, miotics, dyes, and over-the-counter drugs. Miotics may be used only pursuant to the following restrictions:

(a)   miotics may not be used for treatment purposes;

(b)   miotics may be used only for emergency purposes involving the buildup of pressure within the eyeball and immediately upon this emergency use, the optometrist shall refer the patient to an ophthalmologist and file with the South Carolina Board of Examiners in Optometry a written report of the incident in the manner prescribed by the board by regulation; and the South Carolina Board of Examiners in Optometry shall ensure that the quality and quantity of miotics possessed by a diagnostically certified optometrist is consistent with the use of miotics only for emergency purposes involving the buildup of pressure within the eyeball.

(C)   After September 30, 2007, no person may practice as an optometrist in this State if the person has not met all requirements of this title, as amended in 2004 and as may be amended in the future. A basic and diagnostically licensed optometrist who wishes to be recertified after September 30, 2007, shall conform to the licensing requirements for a therapeutically-certified optometrist as provided for in regulation.

(D)   A licensee under this chapter must indicate his or her category of licensure following his or her name or signature on all professional documents./
Renumber sections to conform.
Amend title to conform.

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

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


Printed Page 2895 . . . . . Tuesday, April 27, 2004

S. 792--DEBATE ADJOURNED

Rep. TALLEY moved to adjourn debate upon the following Bill until Tuesday, May 4, 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.

H. 3881--DEBATE ADJOURNED

The following Bill was taken up:

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7271AHB04):
Amend the bill, as and if amended, Section 15-78-30(c), as contained in SECTION 1, by adding at the end:
/ For the purposes of this chapter, court-appointed attorneys and public defenders are considered employees of the State and not of the county in which they serve. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.


Printed Page 2896 . . . . . Tuesday, April 27, 2004

Rep. COOPER moved to adjourn debate on the Bill until Wednesday, April 28, which was agreed to.

S. 496--POINT OF ORDER

The following Bill was taken up:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.

POINT OF ORDER

Rep. WITHERSPOON made the Point of Order that the Bill was 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.

H. 5115--POINT OF ORDER

The following Bill was taken up:

H. 5115 (Word version) -- Reps. Dantzler and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. RHOAD explained the Bill.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was 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.


Printed Page 2897 . . . . . Tuesday, April 27, 2004

H. 4996--POINT OF ORDER

The following Bill was taken up:

H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.

POINT OF ORDER

Rep. WITHERSPOON made the Point of Order that the Bill was 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.

H. 4704--RECOMMITTED

The following Bill was taken up:

H. 4704 (Word version) -- Reps. Sandifer, Owens, Rice, Skelton, Snow and Whitmire: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO REQUIRE NEW SEPTIC TANK INSTALLATION TO INCLUDE AN ACCESS PIPE FOR MONITORING AND PUMPING THE SEPTIC SYSTEM, TO REQUIRE THE INSTALLATION OF SUCH A PIPE WHEN WORK IS BEING PERFORMED ON THE TANK, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.

Rep. FRYE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.


Printed Page 2898 . . . . . Tuesday, April 27, 2004

H. 5111--POINT OF ORDER

The following Bill was taken up:

H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

POINT OF ORDER

Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 2899 . . . . . Tuesday, April 27, 2004

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.

H. 4901--POINT OF ORDER

The following Bill was taken up:

H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3900DW04):
Amend the bill, as and if amended, Section 54-3-700, SECTION 1, by striking subsection (D) in its entirety and inserting:
/ (D)   Any real or personal property at Port Royal which is to be sold must be first appraised and then sold at fair market value. The real property appraiser must be a State Certified General Real Estate Appraiser, an MAI, and must be knowledgeable in appraisal and in appraising marine terminal facilities. The appraisal of the real property should include its future development opportunities and those of the surrounding properties. The sale of the real property shall comply with all state procedures, must be approved by the Budget and Control Board, must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority; provided, however, that the Town of Port Royal shall have the right to petition the Budget and Control Board for a portion of the net proceeds from any sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the Budget and Control


Printed Page 2900 . . . . . Tuesday, April 27, 2004

Board, solely for the infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to any sales contracts. /
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was 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.

H. 4440--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21186SD04):
Amend the bill, as and if amended, in SECTION 2 by striking / 2003 / on line 40, page 1, and inserting / 2004 /.
When amended SECTION 2 shall read:
SECTION   2.   The amendment to Section 12-37-224 of the 1976 Code contained in this act is effective for property tax years beginning after 2004.
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE explained the amendment.


Printed Page 2901 . . . . . Tuesday, April 27, 2004

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. MCGEE having the floor.

S. 973--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall H. 3529 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

S. 799--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. LEACH, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY"


Printed Page 2902 . . . . . Tuesday, April 27, 2004

AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY."

OBJECTION TO RECALL

Rep. ALTMAN asked unanimous consent to recall H. 5176 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

H. 4838--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. HAMILTON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E. H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.

H. 4420--DEBATE ADJOURNED

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

H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.


Printed Page 2903 . . . . . Tuesday, April 27, 2004

Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, May 4, which was agreed to.

SENT TO THE SENATE

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

H. 5061 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER QUALITY CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2871, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1160--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".

Rep. BINGHAM moved to adjourn debate on the Resolution until Wednesday, April 28, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2904 . . . . . Tuesday, April 27, 2004

H. 4440--AMENDED AND POINT OF ORDER

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

H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21186SD04), which was adopted:
Amend the bill, as and if amended, in SECTION 2 by striking / 2003 / on line 40, page 1, and inserting / 2004 /.
When amended SECTION 2 shall read:
SECTION   2.   The amendment to Section 12-37-224 of the 1976 Code contained in this act is effective for property tax years beginning after 2004.
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE continued speaking.
The amendment was then adopted.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21213SD04):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ___.   Section 12-37-220(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item to read:

"( )     Beginning with calendar year 2004, the maximum amount of ad valorem taxation for any year which may be imposed on any boat


Printed Page 2905 . . . . . Tuesday, April 27, 2004

and motor required to be registered, numbered, and titled under the laws of this State is one thousand five hundred dollars." /
Renumber sections to conform.
Amend title to conform.

Rep. QUINN explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.

Rep. QUINN continued speaking.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was 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.

H. 4310--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4310 (Word version) -- Reps. McLeod and Mahaffey: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10195HTC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 12-37-224 of the 1976 Code is amended to read:

"Section 12-37-224.   (A)   A motor home on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence


Printed Page 2906 . . . . . Tuesday, April 27, 2004

is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes.

(B)   For all purposes of the property tax, including the assessment ratios provided pursuant to Section (8)(B), Article X of the Constitution of this State, a trailer used in camping and recreational travel, on which the interest portion of purchase money debt is deductible pursuant to the Internal Revenue Code of 1986 as an interest expense on a qualified primary or second residence, is deemed a private passenger motor vehicle."
SECTION   2.   This act takes effect upon approval by the Governor and applies for recreation trailer property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 5027--POINT OF ORDER

The following Bill was taken up:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21196SD04):


Printed Page 2907 . . . . . Tuesday, April 27, 2004

Amend the bill, as and if amended, in Section 12-43-365(A)(1) of the 1976 Code, as contained in SECTION 2, by adding the following new sentence at the end of item (1) to read:
/For purposes of this section, golf course real property has a value of five hundred dollars an acre. /
When amended Section 12-43-365(A)(1) shall read:

"(1)   'Golf course real property' means all parcels owned by a golf course owner constituting in the aggregate the golf operation which includes the golf course, clubhouse, tennis facilities, swimming pools, maintenance facilities, cart storage facilities, driving range, wetlands, drainage areas, pumping stations, parking lots, golf course entry roadways from public highways, and irrigation and effluent disposal areas associated with a golf operation. For purposes of this section, golf course real property has a value of five hundred dollars an acre."/
Amend further, as and if amended, by striking subsection (B) of Section 12-43-365 of the 1976 Code, as contained in SECTION 2 and inserting:
/   (B)   The fair market value of golf course real property for ad valorem tax purposes is five hundred dollars per acre plus gross revenue multiplied by the gross revenue multiplier. /
Amend further, as and if amended, by adding a new section appropriately numbered to read:
/SECTION   ____.   Section 12-54-240(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:

"( )   disclosure of information on any returns filed with the department to a county assessor pursuant to Section 12-43-365(C)." /
Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was 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.


Printed Page 2908 . . . . . Tuesday, April 27, 2004

H. 4481--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G. M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J. E. Smith, Skelton, Scarborough, Sandifer, Rivers, M. A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22625HTC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 2 of the 1976 Code is amended by adding:


Printed Page 2909 . . . . . Tuesday, April 27, 2004

"CHAPTER 79
South Carolina Military Preparedness and Enhancement Act

Section 2-79-5.   The General Assembly finds that the South Carolina Military Preparedness and Enhancement Act enacted pursuant to this chapter represents a proactive response to the presently evolving transformation of national defense strategies. It clearly conveys this state's intent to create a business climate that is favorable to defense installations and activities through legislation that assists in reducing base operating cost while enhancing military value. To realign existing infrastructure and generate cost savings necessary for these new defense strategies, the United States Department of Defense will undergo another round of base realignment and closure (BRAC) in 2005. Our military installations and defense related businesses are vital to the state's economy. The United States Department of Defense currently directly employs over fifty thousand people in South Carolina with an annual economic impact of approximately five billion dollars. It is evident that the General Assembly must develop programs to assist communities in adding military value to their local defense installations if South Carolina is to maintain its strong military heritage and presence and the South Carolina Military Preparedness and Enhancement Act constitutes one means to attain these multiple objectives.

Section 2-79-10.   This chapter may be cited as the South Carolina Military Preparedness Act and Enhancement Act.

Section 2-79-20.   As used in this chapter:

(1)   'Commission' means the South Carolina Military Preparedness and Enhancement Commission.

(2)   'Account' means the South Carolina Military Value Revolving Account established pursuant to Section 2-79-120.

(3)   'Board' means the State Budget and Control Board.

(4)   'Defense base' means a federally owned or operated military installation or facility that is presently functioning.

(5)   'Defense community' means a political subdivision, including a municipality, county, or special district, that is adjacent to, is near, or encompasses any part of a defense base.

Section 2-79-30.   (A)   There is established within the office of the Governor the South Carolina Military Preparedness and Enhancement Commission consisting of eleven members as follows:

(1)   one member of the House of Representatives to serve ex officio appointed by the Speaker of the House of Representatives;


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(2)   one member of the Senate to serve ex officio appointed by the President Pro Tempore of the Senate;

(3)   the Secretary of Commerce or the secretary's designee, ex officio;

(4)   eight members appointed by the Governor. To be eligible for appointment by the Governor, a person must have demonstrated experience in economic development, the defense industry, military installation operation, environmental issues, finance, local government, or the use of air space for future military missions.

(B)   The terms of the legislative members are coterminous with the terms of their appointing authority. Members appointed by the Governor shall serve for a term of four years ending after June 30 of the year the term expires and until their successors are appointed and qualify, except that of those first appointed, four shall serve for terms of two years, the term to be noted in the appointments. Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions, to be paid from approved accounts of the Governor's Office, House of Representatives, and Senate, as applicable. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.

Section 2-79-40.   (A)   The commission shall:

(1)   advise the Governor and the General Assembly on military issues and economic and industrial development related to military issues;

(2)   make recommendations regarding:

(a)   the development of policies and plans to support the long-term viability and prosperity of the military, active and civilian, in this State, including promoting strategic regional alliances that may extend over state lines;

(b)   the development of methods to improve private and public employment opportunities for former members of the military residing in this State; and

(c)   the development of methods to assist defense-dependent communities in the design and execution of programs that enhance a community's relationship with military installations and defense-related businesses;

(3)   develop and maintain a database of the names and public business information of all prime contractors and subcontractors operating in this state who perform defense-related work;


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(4)   provide information to communities, the General Assembly, the state's congressional delegation, and state agencies regarding federal actions affecting military installations and missions;

(5)   serve as a clearinghouse for:

(a)   defense economic adjustment and transition information and activities; and

(b)   information about:

(i)     issues related to the operating costs, missions, and strategic value of federal military installations located in the State;

(ii)   employment issues for communities that depend on defense bases and in defense-related businesses;

(iii)   defense strategies and incentive programs that other states are using to maintain, expand, and attract new defense contractors;

(6)   provide assistance to communities that have experienced a defense-related closure or realignment;

(7)   assist communities in the design and execution of programs that enhance a community's relationship with military installations and defense-related businesses, including regional alliances that may extend over state lines;

(8)   assist communities in the retention and recruiting of defense-related businesses, including fostering strategic regional alliances that may extend over state lines;

(9)   prepare a biennial strategic plan that:

(a)   fosters the enhancement of military value of the contributions of South Carolina military installations to national defense strategies;

(b)   considers all current and anticipated base realignment and closure criteria; and

(c)   develops strategies to protect the state's existing military missions and positions the State to be competitive for new and expanded military missions; and

(10)   encourage economic development in this State by fostering the development of industries related to defense affairs.

Section 2-79-50.   With prior approval of the Governor, the commission may enter into an agreement with a consulting firm to provide information and assistance on a pending decision of the United States Department of Defense or other federal agency regarding the status of military installations and defense-related businesses located in this State.


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Section 2-79-60.   (A)   Not later than July 1 of each year, the commission shall prepare and submit a report to the Governor and the General Assembly about the active military installations, communities that depend on military installations, and defense-related businesses in this State. The report must include:

(1)   an economic impact statement describing in detail the effect of the military on the economy of this State;

(2)   a statewide assessment of active military installations and current missions;

(3)   a statewide strategy to attract new military missions and defense-related business and include specific actions that add military value to existing military installations;

(4)   a list of state and federal activities that have significant impact on active military installations and current missions;

(5)   a statement identifying:

(a)   the state and federal programs and services that assist communities impacted by military base closures or realignments and the efforts to coordinate those programs; and

(b)   the efforts to coordinate state agency programs and services that assist communities in retaining active military installations and current missions;

(6)   an evaluation of initiatives to retain existing defense-related businesses; and

(7)   a list of agencies with regulations, policies, programs, or services that impact the operating costs or strategic value of federal military installations and activities in the State.

(B)   State agencies shall cooperate with and assist the commission in the preparation of the report required pursuant to Subsection (A), including providing information about regulations, policies, programs, and services that may impact communities dependent on military installations, defense-related businesses, and the viability of existing South Carolina military missions.

(C)   The commission shall coordinate annual meetings with the head of each state agency or member of the General Assembly whose district contains an active, closed, or realigned military installation to discuss the implementation of the recommendations outlined in the report required pursuant to subsection (A).

Section 2-79-70.   When a commander of a military installation receives a copy of the evaluation criteria for the base under the United States Department of Defense base realignment or closure process, the base commander may request that the commission coordinate


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assistance from other state agencies to assist the commander in preparing the evaluation. If the commission asks a state agency for assistance pursuant to this section, the state agency shall make the provision of that assistance a top priority.

Section 2-79-80.   (A)   A defense community may submit to the commission the community military value enhancement statement prepared pursuant to Section 2-79-150.

(B)   On receiving a defense community's military value enhancement statement, the commission shall analyze the projects included in the statement using the criteria it has developed. The commission shall develop project analysis criteria based on the criteria the United States Department of Defense uses for evaluating military facilities in the department's base realignment and closure process.

(C)   The commission shall determine whether each project identified in the defense community's military value enhancement statement will enhance the military value of the military facility. The commission shall assist the community in prioritizing the projects that enhance the military value of a military facility, giving the highest priority to projects that add the most military value under the commission's project analysis criteria.

(D)   The commission shall refer the defense community to the appropriate state agency that has an existing program to provide financing for each project identified in the community's military value enhancement statement that adds military value to a military facility. If there is no existing program to finance a project, the commission may provide a loan of financial assistance to the defense community for the project.

Section 2-79-90.   (A)   The commission may provide a loan of financial assistance to a defense community for a project that will enhance the military value of a military facility located in, near, or adjacent to the defense community. The loan must be made from the South Carolina Military Value Revolving Loan Account established pursuant to Section 2-79-120.

(B)   On receiving an application for a loan pursuant to this section, the commission shall confirm that the project adds military value to the military facility.

(C)   If the commission determines that a project will enhance the military value of the military facility, the Department of Commerce, in accordance with the criteria adopted by the commission pursuant to Section 2-79-100, shall:


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(1)   assess the creditworthiness of the defense community and its ability to repay the loan or match the grant; and

(2)   assess the proposed method for repayment or obtaining matching funds for any particular project or grant as recommended by the Department of Commerce with input as considered necessary from the State Budget and Control Board.

(D)   If the commission determines that the funds will be used to enhance the military value of the military facility based on the base realignment and closure criteria and that the project is financially feasible, the commission may award a loan to the defense community for the project. The commission shall enter into a written agreement with a defense community that is awarded a loan. The agreement must contain the terms and conditions of the loan, including the loan repayment requirements.

(E)   The commission may provide a loan only for a project that is included in the political subdivision's statement pursuant to Section 2-79-140, or to prepare a comprehensive defense installation and community strategic impact plan pursuant to Section 2-79-150.

(F)   A project financed with a loan pursuant to this section must be completed on or before the fifth anniversary of the date the loan is awarded.

(G)   The amount of a loan pursuant to this section may not exceed the total cost of the project.

Section 2-79-100.   (A)   The commission shall adopt policies, in consultation with the Department of Commerce with input as considered necessary from the State Budget and Control Board, which contain the criteria for evaluating the credit of a loan applicant and the financial feasibility of a project. The commission also shall adopt a loan application form. The application form may include:

(1)   the total cost of the project;

(2)   the amount of state financial assistance requested;

(3)   the plan for repaying the loan; and

(4)   any other information the commission requires to perform its duties and to protect the public interest.

(B)   The commission may not accept an application for a loan from the loan account unless the application is submitted in affidavit form by the officials of the defense community. The board shall prescribe the affidavit form.

Section 2-79-110.   (A)   A defense community in this State may borrow money from the State, including by direct loan, based on the


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credit of the defense community to finance a project included in the community's military value enhancement statement.

(B)   A defense community may enter into a loan agreement with the State to provide financing for a project. The defense community may pledge the taxes of the community or provide any other guarantee for the loan.

(C)   Money borrowed must be segregated from other funds under the control of the defense community and may only be used for purposes related to a specific project.

(D)   The authority granted by this section does not affect the ability of a defense community to incur debt using other statutorily authorized methods.

Section 2-79-120.   (A)   The South Carolina Military Value Revolving Loan Account is established as the State Treasury separate and distinct from the general fund of the State and all other funds. The account may be funded by such appropriations as the General Assembly may provide, gifts, and grants. Earnings on the account must remain in the account and be used for the purpose for which the account was established. Balances in the account carry forward in the account to succeeding fiscal years.

(B)   The account may be used only for loans made pursuant to this chapter. The commission shall deposit to the credit of the account all loan payments made by a political subdivision for a loan pursuant to Section 2-79-90. The loan payments must be used to reimburse the account to fund subsequent loans.

Section 2-79-130.   The commission may solicit and accept gifts and grants from any source for the purposes of this chapter.

Section 2-79-140.   (A)   A defense community that applies for financial assistance from the account shall prepare, in consultation with the authorities from each defense base associated with the community, a defense base military value enhancement statement that illustrates specific ways the funds will enhance the military value of the installations and must include the following information for each project:

(1)   the purpose for which financial assistance is requested, including a description of the project;

(2)   the source of other funds for the project;

(3)   a statement on how the project will enhance the military value of the installation;


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(4)   whether the defense community has coordinated the project with authorities of the military installation and whether any approval has been obtained from those authorities;

(5)   whether any portion of the project is to occur on the military installation;

(6)   whether the project will have any negative impact on the natural or cultural environment;

(7)   a description of any known negative factors arising from the project that will affect the community or the military installation; and

(8)   a description of how the project will address future base realignment or closure.

(B)   The commission may require a defense community to provide any additional information the commission requires to evaluate the community's request for financial assistance pursuant to this section.

(C)   Two or more defense communities near the same defense base that apply for financial assistance from the account may prepare a joint statement.

(D)   A copy of the defense base military value enhancement statement must be distributed to the authorities of each defense base included in the statement and the commission.

(E)   This section does not prohibit a defense community that is not applying for financial assistance from preparing a defense base military value enhancement statement pursuant to this section.

Section 2-79-150.   (A)   A defense community may request financial assistance from the account to prepare a comprehensive defense installation and community strategic impact plan that states the defense community's long-range goals and development proposals relating to the following purposes:

(1)   controlling negative effects of future growth of the defense community on the defense base and minimizing encroachment on military exercises or training activities connected to the base;

(2)   enhancing the military value of the defense base while reducing operating costs; and

(3)   identifying which, if any, property and services in a region can be shared by the defense base and the defense community.

(B)   The comprehensive defense installation and community strategic impact plan must include, if appropriate, maps, diagrams, and text to support its proposals and must include the following elements as they relate to each defense base included in the plan:


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(1)   a land use element that identifies:

(a)   proposed distribution, location, and extent of land uses such as housing, business, industry, agriculture, recreation, public buildings and grounds, and other categories of public and private land uses as those uses may impact the defense base; and

(b)   existing and proposed regulations of land uses, including zoning, annexation, or planning regulations as those regulations may impact the defense base;

(2)   a transportation element that identifies the location and extent of existing and proposed freeways, streets, and roads and other modes of transportation;

(3)   a population growth element that identifies past and anticipated population trends;

(4)   a water resources element that:

(a)   addresses currently available surface water and groundwater supplies; and

(b)   addresses future growth projections and ways in which the water supply needs of the defense community and the defense base can be adequately served by the existing resources, or   if such a need is anticipated, plans for securing additional water supplies;

(5)   a conservation element that describes methods for conservation, development, and use of natural resources, including land, forests, soils, rivers and other waters, wildlife, and other natural resources;

(6)   an open-space area element that includes:

(a)   a list of existing open-space land areas;

(b)   an analysis of the defense base's forecasted needs for open-space areas to conduct its military training activities; and

(c)   suggested strategies under which land on which some level of development has occurred can make a transition to an open-space area, if needed;

(7)   a restricted airspace element that creates buffer zones, if needed, between the defense base and the defense community; and

(8)   a military training route element that identifies existing routes and proposed plans for additional routes, if needed.

(C)   Two or more defense communities near the same defense base may prepare a joint plan.

Section 2-79-160.   If a defense community determines that an ordinance, rule, or plan proposed by the community may impact a defense base or the military exercise or training activities connected to the base, the defense community shall seek comments and analysis


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from the defense base authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations. The defense community shall consider and analyze the comments and analysis before making a final recommendation relating to the proposed ordinance, rule, or plan.

Section 2-79-170.   Any unused or underused state property may be sold or leased, or an easement over the property may be granted, to the United States for the use and benefit of the United States armed forces if the State Budget and Control Board and the commission, after consultation with appropriate military authorities, determine that the sale, lease, or easement would materially assist the military in accomplishing its mission. A sale, lease, or easement pursuant to this section must be at market value."
SECTION   2.   This act takes effect July 1, 2005. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4907--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4907 (Word version) -- Reps. Thompson, Cotty, G. M. Smith, E. H. Pitts, Simrill, Duncan, Viers, McLeod, Vaughn, Lourie, Branham, Altman, Anthony, Bailey, Barfield, Battle, Bingham, Chellis, Clemmons, Cooper, Davenport, Delleney, Edge, Gilham, Hagood, Hamilton, Harrell, Hayes, Herbkersman, Hinson, Jennings, Keegan, Kirsh, Leach, Littlejohn, Lucas, McCraw, McGee, Merrill, Miller, Owens, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, White, Whitmire, Witherspoon, Young, Cobb-Hunter, Bales, Wilkins, J. E. Smith and Neilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO REQUIRE AN ADDITIONAL AMOUNT EQUAL


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TO ONE PERCENT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR TO BE HELD IN THE GENERAL RESERVE FUND EACH TIME THE GENERAL ASSEMBLY ENACTS LEGISLATION CUMULATIVELY RAISING BY AT LEAST ONE-HALF OF ONE PERCENT THE AMOUNT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR THAT MAY BE USED TO SECURE STATE OBLIGATION DEBT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that SECTION 36(A), Article III of the Constitution of this State be amended by adding a new paragraph at the end to read:

"If after the ratification of this paragraph the General Assembly enacts legislation pursuant to SECTION 13(6)(c), Article X, of this Constitution increasing the then applicable limit on the amount of general fund revenue that may be used for annual debt service for state general obligation debt by cumulatively at least one-half of one percent of general fund revenue of the State for the preceding fiscal year, the amount required to be held in the General Reserve Fund in succeeding fiscal years is increased by an amount equal to one percent of general fund revenues of the latest completed fiscal year."

SECTION   2.   "Must SECTION 36, Article III of the Constitution of this State be amended so as to require an additional amount equal to one percent of state general fund revenues in the latest completed fiscal year to be held in the General Reserve Fund each time the General Assembly enacts legislation which cumulatively has raised the then existing amount of state general fund revenues which may be used for annual debt service on state general obligation debt?

Yes   []

No   []"

SECTION   3.   This joint resolution takes effect upon approval by the Governor.


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Rep. NEILSON explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            J. Hines
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  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             Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 Weeks                  White

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Whitmire               Wilkins                Witherspoon
Young

Total--106

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4906 (Word version) -- Reps. Thompson, Scarborough and Neilson: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE REFERENCE TO INCREASES IN THE AMOUNT REQUIRED IN THE GENERAL RESERVE FUND PURSUANT TO THE REQUIREMENTS OF THE STATE CONSTITUTION AND TO MAKE THIS AMENDMENT EFFECTIVE BEGINNING ON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE PROVIDING THOSE CIRCUMSTANCES WHICH RESULT IN AN INCREASE IN THE GENERAL RESERVE FUND.

Rep. NEILSON explained the Bill.

H. 5086--POINT OF ORDER

The following Bill was taken up:

H. 5086 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO


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CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTIONS 12-8-520 AND 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS AND ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-

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21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTIONS 12-36-1310 AND 12-36-2120, BOTH AS AMENDED, AND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES, AND PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW TAXING ENTITIES TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY, TO

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AMEND SECTIONS 12-44-30, 12-44-50, 12-44-55, 12-44-60, AND 12-44-140, ALL AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO ELIMINATE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, BY ADDING SECTION 12-44-180, SO AS TO PROVIDE THOSE REQUIREMENTS FOR ELIMINATION OF THE NET PERCENT VALUE METHOD IN AN EXISTING FEE AGREEMENT; TO AMEND SECTIONS 12-54-25, AS AMENDED, 12-54-42, AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY WHEN INTEREST IS NOT DUE ON OVERPAYMENTS, TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, TO CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-90, 12-54-210, AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION AND TO DELETE NOTICE REQUIREMENTS AND TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT

Printed Page 2925 . . . . . Tuesday, April 27, 2004

IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR.

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Bill was 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.

H. 4127--POINT OF ORDER

The following Bill was taken up:

H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, G. R. Smith, Tripp, Leach, Pinson, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, M. A. Pitts, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY


Printed Page 2926 . . . . . Tuesday, April 27, 2004

ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.

Printed Page 2927 . . . . . Tuesday, April 27, 2004

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Bill was 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.

H. 5043--POINT OF ORDER

The following Bill was taken up:

H. 5043 (Word version) -- Reps. Harrell, Chellis, Altman, Battle, Bingham, Clark, Dantzler, Jennings, Mack, M. A. Pitts, J. R. Smith, Thompson, Wilkins, Cotty, G. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE PUBLIC SCHOOLS INFRASTRUCTURE BANK ACT OF 2004; BY ADDING CHAPTER 148 TO TITLE 59 SO AS TO DEFINE CERTAIN TERMS; TO CREATE THE SOUTH CAROLINA PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY; TO PROVIDE FOR THE APPOINTMENT AND POWERS AND DUTIES OF THE BOARD THAT GOVERNS THE AUTHORITY; TO PROVIDE FOR PROJECT FINANCING AND WHEN THE AUTHORITY AND A SCHOOL DISTRICT MAY ENTER INTO A FINANCING AGREEMENT; TO PROVIDE FOR THE TERMS OF THE FINANCING AGREEMENT; TO PROVIDE FOR THE ISSUANCE OF BONDS IN THE NAME OF THE AUTHORITY TO BE SECURED SOLELY BY AND PAYABLE SOLELY FROM SCHOOL DISTRICT PAYMENTS; TO PROVIDE FOR A MAXIMUM MATURITY DATE OF THIRTY YEARS; TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY MAY SELL BONDS AND THE TERMS OF THE BONDS; TO PROVIDE THE PURPOSES FOR WHICH THE BOARD MAY AUTHORIZE BONDS; TO PROVIDE FOR THE ESTABLISHMENT OF A DEBT SERVICE RESERVE FUND; TO PROVIDE THAT THE BONDS MAY BE SECURED BY A TRUST AGREEMENT; TO PROVIDE FOR THE MANNER IN WHICH THE ACCOUNTS OF THE AUTHORITY MUST BE HELD; TO PROVIDE THAT THE BONDS AND THE INCOME FROM THE BONDS AND PROPERTY AND INCOME FROM PROPERTY OF THE AUTHORITY ARE EXEMPT FROM TAXATION; TO PROVIDE THAT FIDUCIARIES MAY INVEST MONIES IN BONDS; TO PROVIDE BONDHOLDER RIGHTS; TO AMEND SECTION 59-71-


Printed Page 2928 . . . . . Tuesday, April 27, 2004

155 OF THE 1976 CODE, RELATING TO GENERAL OBLIGATION SCHOOL BONDS, SO AS TO ALLOW THE PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY TO ELECT WHETHER THIS SUBSECTION APPLIES TO ONE OR MORE YEARS IN WHICH SCHOOL DISTRICT PAYMENTS ARE DUE UNDER A FINANCING AGREEMENT BETWEEN A SCHOOL DISTRICT AND THE AUTHORITY AUTHORIZED PURSUANT TO CHAPTER 148 OF TITLE 59 WHERE THE AUTHORITY HAS ELECTED THAT THE SCHOOL DISTRICT PAYMENTS UNDER THE FINANCING AGREEMENT ARE SECURED BY THE FULL FAITH, CREDIT, AND TAXING POWER OF THE OPERATING SCHOOL UNIT THAT ISSUES THE BONDS; TO PROVIDE THE AUTHORITY'S AND THE STATE TREASURER'S POWERS AND DUTIES FOLLOWING A DEFAULT BY A SCHOOL DISTRICT OR THE EXERCISE BY A SCHOOL DISTRICT OF ITS RIGHT OF NONAPPROPRIATION UNDER A FINANCING AGREEMENT; AND BY ADDING SECTION 59-146-190 SO AS TO ALLOW REFUNDING STATE SCHOOL FACILITIES BONDS TO BE ISSUED UPON RESOLUTION BY THE STATE BUDGET AND CONTROL BOARD.

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Bill was 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.

H. 4747--POINT OF ORDER

The following Bill was taken up:

H. 4747 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT


Printed Page 2929 . . . . . Tuesday, April 27, 2004

SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was 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.

H. 5129--POINT OF ORDER

The following Bill was taken up:

H. 5129 (Word version) -- Reps. Rice, Talley, Thompson, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young, Cato, Loftis, G. R. Smith and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was 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.


Printed Page 2930 . . . . . Tuesday, April 27, 2004

S. 1075--POINT OF ORDER

The following Bill was taken up:

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.

POINT OF ORDER

Rep. HARRELL made the Point of Order that the Bill was 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.

S. 45--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12467HTC04), which was adopted:


Printed Page 2931 . . . . . Tuesday, April 27, 2004

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   (A)   For purposes of this section, real property means real property classified for property tax purposes pursuant to Section 12-43-220.

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

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

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

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

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

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


Printed Page 2932 . . . . . Tuesday, April 27, 2004

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

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

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

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

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

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

No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the


Printed Page 2933 . . . . . Tuesday, April 27, 2004

eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.

If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes assessed on the value of the property without regard to the exemption."

B.   Section 12-37-223A. of the 1976 Code, is repealed for property tax years beginning after 2003.

C.   Article 1, Chapter 37, title 12 of the 1976 Code is amended by adding:

"Section 12-37-130.   The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint, by January 14, 2014, a task force to study the effects of this chapter on homeowners and the real estate industry and recommend changes to this chapter, and shall report its findings to the General Assembly no later than January 13, 2015."

D.   Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(A)   Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer price indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."

E.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for countywide reassessment values implemented after 2003. Amounts exempted pursuant to the former provisions of Section 12-37-223(A) are deemed to have been exempted pursuant to Section 12-37-223 of the 1976 Code, as added by this section./
Renumber sections to conform.
Amend title to conform.


Printed Page 2934 . . . . . Tuesday, April 27, 2004

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

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

H. 4038--POINT OF ORDER

The following Bill was taken up:

H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY PLACE A MAGNETIC STRIP ON A DRIVER'S LICENSE WHICH CONTAINS THE NAME AND TELEPHONE NUMBER OF A PERSON WHO MAY BE CONTACTED IF THE HOLDER OF THE LICENSE IS INVOLVED IN AN EMERGENCY SITUATION AND ANY OTHER INFORMATION THE DEPARTMENT DETERMINES TO BE APPROPRIATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12449CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 56-1-80(A) of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:

"(A)   Every application for a driver's license or permit must:

(1)   be made upon the form furnished by the department;

(2)   be accompanied by the proper fee and acceptable proof of date and place of birth;

(3)   contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4)   state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;

(5)   state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6)   allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;


Printed Page 2935 . . . . . Tuesday, April 27, 2004

(7)   allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.; and

(8)   allow an applicant voluntarily to provide an emergency number which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. GILHAM explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was 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.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 5162 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT UNITED STATES HIGHWAY 701 AND SOUTH CAROLINA HIGHWAY 9 BYPASS IN HORRY COUNTY THE "DAVIS HENIFORD, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THE NAME OF THE INTERCHANGE.
Ordered for consideration tomorrow.


Printed Page 2936 . . . . . Tuesday, April 27, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 5181 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS SHALINI BUMB OF GREER UPON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, TO RECOGNIZE HER FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, TO COMMEND HER ON HER ACADEMIC ACHIEVEMENTS, AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

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

H. 5182 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE KING ACADEMY GIRLS BASKETBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND CONGRATULATE THEM FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP.

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 players, coaches, staff, and other school officials of the King Academy Girls Basketball Team at a date and time to be determined by the Speaker to commend and congratulate them for winning the SCISA Class A State Championship.

The Resolution was adopted.


Printed Page 2937 . . . . . Tuesday, April 27, 2004

CONCURRENT RESOLUTION

The following was introduced:

H. 5183 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE KING ACADEMY GIRLS BASKETBALL TEAM IN BATESBURG FOR WINNING THE SCISA CLASS A STATE CHAMPIONSHIP ON MARCH 6, 2004, AND WISH THE PLAYERS, COACHES, AND STAFF MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

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

H. 4556--POINT OF ORDER

The following Bill was taken up:

H. 4556 (Word version) -- Reps. Townsend, Davenport, McGee, Clark, W. D. Smith, Wilkins, Harvin and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

POINT OF ORDER

Rep. SKELTON made the Point of Order that the Bill was 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.


Printed Page 2938 . . . . . Tuesday, April 27, 2004

H. 4557--POINT OF ORDER

The following Bill was taken up:

H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille, Thompson and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.

POINT OF ORDER

Rep. DUNCAN made the Point of Order that the Bill was 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.

H. 4565--POINT OF ORDER

The following Bill was taken up:

H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR


Printed Page 2939 . . . . . Tuesday, April 27, 2004

THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.

Rep. STILLE explained the Bill.

POINT OF ORDER

Rep. LOFTIS made the Point of Order that the Bill was 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.

H. 4758--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4758 (Word version) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.


Printed Page 2940 . . . . . Tuesday, April 27, 2004

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10213CM04), 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:

"Article 42
Carolina Panthers Special License Plates

Section 56-3-4200. (A) The Department of Motor Vehicles may issue 'Carolina Panthers' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickup trucks 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 plates an emblem, seal, or symbol of the National Football League's Carolina Panthers. The National Football League's Carolina Panthers shall submit to the department for its approval the emblem, seal, or symbol it desires to be used for the plates. The National Football League's Carolina Panthers shall submit to the department written authorization for the use of any copyrighted or registered logos, trademarks, or designs. The National Football League may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for the 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 seventy dollars.

(B)   The department also may provide, upon request, special 'Carolina Panthers' collector license plates which must not be displayed on a vehicle registered or required to be registered in this State. A person displaying the collector license plates on a vehicle registered or required to be registered in this State is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or be imprisoned for not more than thirty days. The collector license plates must be the same size and general design of the 'Carolina Panthers' special motor vehicle license plates. The fee for issuance of the collector license plates is twenty-five dollars. The words 'collector license plate' must be imprinted on the collector license plates.

(C)   Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place


Printed Page 2941 . . . . . Tuesday, April 27, 2004

sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing and administering the plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Department of Parks, Recreation and Tourism and used by the State Park Service for recreational enhancements and improvements.

(D)   Before the department produces and distributes a plate authorized under this section, it must receive:

(1)   four hundred prepaid applications for the 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 shall refund the four thousand dollars once an equivalent amount of fees is collected for the plate. If the equivalent amount is not collected within four years of the first issuance of the plate, then the department shall retain the deposit; and

(2)   a plan to market the sale of the plate which must be approved by the department.

(E)   If the department receives less than three hundred biennial applications and renewals for the plate, it may not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted."
SECTION   2.   This act takes effect upon approval by the Governor. /
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.

H. 4800--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4800 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVINCED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR


Printed Page 2942 . . . . . Tuesday, April 27, 2004

VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10214CM04), which was adopted:
Amend the bill, as and if amended, Section 56-5-2942(F), as contained in SECTION 1, pages 2 and 3, by striking Section 56-5-2942(F) and inserting:
/   (F)   An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:

(1)   he regularly drives the motor vehicle subject to immobilization;

(2)   the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;


Printed Page 2943 . . . . . Tuesday, April 27, 2004

(3)   no other vehicle is available for the use of the person;

(4)   the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945;

(5)   the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. /
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.

H. 4801--POINT OF ORDER

The following Bill was taken up:

H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.

POINT OF ORDER

Rep. J. E. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 2944 . . . . . Tuesday, April 27, 2004

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.

H. 4802--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4802 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PERMANENTLY MAY PETITION THE CIRCUIT COURT FOR REINSTATEMENT OF HIS DRIVER'S LICENSE IN THE COUNTY IN WHICH HIS MOST RECENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE OCCURRED IF THE CONVICTION OCCURRED IN THIS STATE OR IN HIS COUNTY OF RESIDENCE IF THE CONVICTION OCCURRED IN ANOTHER STATE, TO PROVIDE THAT THIS PROCEEDING MUST INCLUDE THE SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES, TO PROVIDE THAT THE COURT MAY NOT ORDER THE REINSTATEMENT OF A PERSON'S DRIVER'S LICENSE IF THE PERSON HAS CHARGES PENDING AGAINST HIM AND HAS NOT COMPLETED SUCCESSFULLY AN ALCOHOL OR DRUG ASSESSMENT AND TREATMENT PROGRAM SINCE HIS MOST RECENT ALCOHOL OR DRUG OFFENSE; TO AMEND SECTION 56-1-465, RELATING TO NOTIFICATION OF SUSPENSION OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FORM OF THE NOTIFICATION SHALL BE THE SAME AS CONTAINED IN SECTION 56-1-360 INSTEAD OF THE NOTIFICATION REQUIRED WHEN A LICENSE IS SUSPENDED DUE TO A LOSS OF POINTS; TO AMEND SECTION 56-1-510, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND THE FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION OF A DRIVER'S LICENSE, SALE OR ISSUANCE OF A FICTITIOUS DRIVER'S


Printed Page 2945 . . . . . Tuesday, April 27, 2004

LICENSE, OR USE OF ANOTHER PERSON'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; TO AMEND SECTION 56-1-810, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE DUE TO THE ACCUMULATION OF SUFFICIENT POINTS TO WARRANT THE SUSPENSION OF THE LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO NOTIFY THE LICENSEE, RETURN RECEIPT REQUESTED, AND TO PROVIDE THAT NOTIFICATION OF THE SUSPENSION MUST BE DONE AS CONTAINED IN SECTION 56-1-360; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO PUNISHMENT FOR A PERSON WHO IS FOUND TO BE A HABITUAL OFFENDER AND WHO SUBSEQUENTLY IS CONVICTED OF OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT OF MOTOR VEHICLES PROHIBITING THE OPERATION OF A MOTOR VEHICLE IS IN EFFECT, SO AS TO PROVIDE THAT THE COURT AND NO LONGER THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL WHEN A PERSON IS FOUND TO BE A HABITUAL OFFENDER; AND TO REPEAL SECTION 56-1-475, RELATING TO PERMITTING A DRIVER TO OPERATE A MOTOR VEHICLE IN THIS STATE WITH A VALID OUT-OF-STATE LICENSE AFTER THE EXPIRATION OF THE PERIOD OF TIME FOR WHICH HIS SOUTH CAROLINA DRIVER'S LICENSE WAS SUSPENDED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12454CM04), which was adopted:
Amend the bill, as and if amended, Section 56-1-810, as contained in SECTION 5, by striking lines 42 and 43 on page 4, and inserting:
/in writing, as contained in Section 56-1-360, return receipt requested, that his license has been suspended, and such licensee/. When amended Section 56-1-810 shall read:
/Section 56-1-810.   Upon the determination by the department that a person has accumulated sufficient points to warrant the suspension of his license, the department shall notify such licensee in writing, as contained in Section 56-1-360, return receipt requested, that his license has been suspended, and such licensee shall return his license to the


Printed Page 2946 . . . . . Tuesday, April 27, 2004

department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so. /
Amend the bill further, Section 56-1-1100, as contained in SECTION 6, page 5, line 16, by striking / department / and inserting /court/. When amended Section 56-1-1100 shall read:
/Section 56-1-1100.   A person found to be a habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years.

For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department court, before hearing the charges, shall determine whether the person has been adjudged a habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be a habitual offender, the department court shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender. /
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.

H. 4805--POINT OF ORDER

The following Bill was taken up:

H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS


Printed Page 2947 . . . . . Tuesday, April 27, 2004

AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.

Rep. GILHAM explained the Bill.

POINT OF ORDER

Rep. TRIPP made the Point of Order that the Bill was 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.

H. 4848--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4848 (Word version) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Clemmons, W. D. Smith, Barfield, Snow, Stille, Taylor and Tripp: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12466CM04), which was adopted:


Printed Page 2948 . . . . . Tuesday, April 27, 2004

Amend the bill, as and if amended, Section 56-3-7780(B) as contained in Section 1, page 2, by striking Section 56-3-7780(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 of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the State's general fund./
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.

ORDERED TO THIRD READING

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

H. 5101 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE A DEFINITION FOR THE TERM "LOW SPEED VEHICLES", TO PROVIDE THAT THESE VEHICLES MAY BE OPERATED ON CERTAIN SECONDARY ROADS, TO ALLOW LOCAL GOVERNMENTS TO REGULATE THE SPEED OF THESE VEHICLES, AND TO PROVIDE THAT THEY MUST MEET CERTAIN FEDERAL REGULATIONS, MUST BE CERTIFIED ROAD WORTHY AND MUST BE REGISTERED.

Rep. GILHAM explained the Bill.

H. 5161 (Word version) -- Reps. Limehouse, Whipper, Altman, Breeland, R. Brown, Hagood and Scarborough: A JOINT RESOLUTION TO PROVIDE THAT THE PROVISIONS CONTAINED IN PARAGRAPH 4, SECTION 3 OF ACT 956 OF 1938 WHICH PROVIDE FOR THE SELECTION OF COMMISSIONERS FOR THE HOUSING AUTHORITY FOR THE CITY OF CHARLESTON NO LONGER


Printed Page 2949 . . . . . Tuesday, April 27, 2004

APPLY TO THAT HOUSING AUTHORITY, AND TO PROVIDE THAT THE HOUSING AUTHORITY'S COMMISSIONERS MUST BE SELECTED AS PROVIDED BY LAW.

Rep. LIMEHOUSE explained the Joint Resolution.

H. 4653--POINT OF ORDER

The following Bill was taken up:

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


Printed Page 2950 . . . . . Tuesday, April 27, 2004

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

Printed Page 2951 . . . . . Tuesday, April 27, 2004

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.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was 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.

H. 5080--POINT OF ORDER

The following Bill was taken up:

H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.


Printed Page 2952 . . . . . Tuesday, April 27, 2004

POINT OF ORDER

Rep. WEEKS made the Point of Order that the Bill was 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.

S. 658--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12477AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 14-25-15(A) of the 1976 Code, as amended by Act 394 of 2000, is further amended to read:

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

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

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


Printed Page 2953 . . . . . Tuesday, April 27, 2004

H. 4721--POINT OF ORDER

The following Bill was taken up:

H. 4721 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF THE SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILING TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT, TO PROVIDE FOR THE ELEMENTS OF THEFT OF SERVICE, TO DEFINE "SERVICES", AND TO PROVIDE FOR A DEFENSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21208AHB04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45.   (A)   A person fails to pay for services if the person:

(1)   intentionally or knowingly secures performance of a service with the intent to avoid payment for the service;

(2)   knows the service is provided only for compensation;

(3)   secures performance of the service for himself or another for whom the person is a guardian or an agent by:

(a)   deception, threat, or false token; or

(b)   agreeing to provide compensation and after the service is rendered failing to make payment after receiving notice demanding payment.

(B)   For purposes of this section, intent to avoid payment is presumed if the person:

(1)   left the premises where the service was rendered without paying for the service; or

(2)   expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon the service being rendered.

(C)   If payment is not made when the services were provided, notice of payment due must be sent by the service provider by


Printed Page 2954 . . . . . Tuesday, April 27, 2004

registered or certified mail, return receipt requested, to the address of record for the person who received the services, or who is a guardian or an agent for the person who received the services. Written notice given in accordance with this subsection, is presumed to be received no later than ten days after it was sent.

(D)   A person who engages in theft of service, as provided for in subsection (A), is presumed to have committed fraud in obtaining these services. A person who brings an action for actual damages for nonpayment of services rendered is also entitled to punitive damages in accordance with the following:

(1)   for a first occurrence by a defendant, one thousand dollars;

(2)   for a second occurrence by the same defendant, two thousand five hundred dollars;

(3)   for a third occurrence by the same defendant, five thousand dollars.

(E)   It is a defense to an action brought pursuant to this section that:

(1)   the defendant secured the performance of the service by giving a postdated check to the person performing the service and the person performing the service or any other person presented the check for payment before the date on the check; or

(2)   the services were not rendered in a competent manner by the provider.

(F)   For purposes of this section, 'services' includes, but is not limited to, health care, legal, plumbing, electrical, mechanical, or any other performance of activities by an individual that provides for, but is not limited to, the repair, installation, or maintenance of goods."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained the amendment.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Bill was 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.


Printed Page 2955 . . . . . Tuesday, April 27, 2004

MOTION PERIOD

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

H. 4921--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4921 (Word version) -- Reps. Ott, Clark, Cobb-Hunter, Witherspoon, Rhoad, Duncan, Hosey, Clyburn, Weeks, J. H. Neal, Breeland, G. Brown, Freeman, Gilham, J. Hines, Hinson, Koon, Lloyd, Mahaffey, Martin, McCraw, Merrill, Miller, Moody-Lawrence, Pinson, M. A. Pitts, Snow, Stille, Taylor and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 50 SO AS TO ENACT THE ALL-TERRAIN VEHICLE SAFETY ACT BY PROVIDING FOR A DEFINITION OF ALL-TERRAIN VEHICLES, REGULATION OF OPERATION AND SAFETY EQUIPMENT, REGISTRATION AND LICENSING, OPERATOR AND OWNER LIABILITY, AND CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21169SD04), which was adopted:
Amend the bill, as and if amended, by striking Section 50-27-10 of the 1976 Code, as contained in SECTION 1 and inserting:
/   Section 50-27-10.   This chapter may be cited as 'Chandler's Law'. /
Amend the bill further, as and if amended, by striking Section 50-27-50 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 50-27-50.   A person sixteen years of age or younger may not operate, ride, or otherwise be propelled on an all-terrain vehicle within this State unless the person wears a safety helmet meeting United States Department of Transportation standards for motorcycle helmets and eye protection meeting department standards. The department shall promulgate regulations establishing safety standards for helmet and eye protection. /
Amend further, as and if amended, by striking Section 50-27-80 of the 1976 Code, as contained in SECTION 1.
Amend further, as and if amended, by adding a new Section 50-27-85 in SECTION 1 to read:


Printed Page 2956 . . . . . Tuesday, April 27, 2004

/   Section 50-27-85.   The department is prohibited from releasing registration information to any county to be used for property tax purposes. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. OTT continued speaking.

SPEAKER IN CHAIR

The amendment was then adopted.

Rep. OTT explained the Bill.

Rep. COTTY moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WITHERSPOON moved to table the motion.

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

Yeas 59; Nays 42

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                Breeland
G. Brown               R. Brown               Clark
Clyburn                Cobb-Hunter            Coleman
Davenport              Duncan                 Edge
Emory                  Freeman                Gilham
Govan                  Hagood                 Hamilton
Harvin                 Hayes                  J. Hines
Hinson                 Hosey                  Howard
Jennings               Keegan                 Kirsh
Koon                   Lee                    Lloyd
Lourie                 Mack                   Martin

Printed Page 2957 . . . . . Tuesday, April 27, 2004

McCraw                 McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  M. A. Pitts
Rhoad                  Rivers                 Scott
Sinclair               Skelton                D. C. Smith
J. E. Smith            Townsend               Tripp
Wilkins                Witherspoon

Total--59

Those who voted in the negative are:

Altman                 Bowers                 J. Brown
Cato                   Ceips                  Clemmons
Coates                 Cotty                  Dantzler
Delleney               Harrell                Harrison
Herbkersman            Huggins                Leach
Littlejohn             Loftis                 Lucas
Mahaffey               McGee                  Merrill
Owens                  Perry                  Pinson
Quinn                  Rice                   Sandifer
Scarborough            Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Thompson               Trotter
Umphlett               Vaughn                 Weeks
White                  Whitmire               Young

Total--42

So, the motion to recommit the Bill was tabled.

Rep. ALTMAN spoke against the Bill.

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

Yeas 54; Nays 45

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Barfield               Battle                 Branham
Breeland               J. Brown               Clark
Clyburn                Cobb-Hunter            Coleman

Printed Page 2958 . . . . . Tuesday, April 27, 2004

Davenport              Duncan                 Edge
Emory                  Freeman                Govan
Hagood                 Hamilton               Harvin
Hayes                  J. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Kirsh                  Koon
Lee                    Lloyd                  Lourie
Mack                   Martin                 McCraw
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  M. A. Pitts            Rivers
Sinclair               Skelton                D. C. Smith
J. E. Smith            Stille                 Townsend
Whipper                Wilkins                Witherspoon

Total--54

Those who voted in the negative are:

Altman                 Bailey                 Bingham
Bowers                 Cato                   Ceips
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Delleney
Harrell                Harrison               Herbkersman
Keegan                 Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
McGee                  Merrill                Owens
Perry                  Pinson                 Quinn
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Thompson               Tripp
Trotter                Umphlett               Vaughn
Weeks                  White                  Young

Total--45

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


Printed Page 2959 . . . . . Tuesday, April 27, 2004

RECORD FOR VOTING

I support the safety portion of H. 4921, but not the registration and taxation, therefore I voted against the Bill.

Rep. Rick Quinn

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 4921. I would have voted 'no' on the Bill.

Rep. Chip Limehouse

STATEMENT FOR THE JOURNAL

I believe parents, not the State, have the responsibility of raising their children. I think H. 4921 is an infringement of parental rights.

Rep. Catherine Ceips

H. 4934--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION


Printed Page 2960 . . . . . Tuesday, April 27, 2004

OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED 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 AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21170SD04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 (A)(6) and inserting:
/   (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. /


Printed Page 2961 . . . . . Tuesday, April 27, 2004

Amend further, as and if amended, in Section 48-38-20 of the 1976 Code, as contained in SECTION 2, by striking item (3) and inserting:
/   (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./
Amend further, as and if amended, in Section 48-38-20 of the 1976 Code, as contained in SECTION 2, by striking item (4) and inserting:

/   (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. /
Amend further, as and if amended, in Section 48-38-20 of the 1976 Code, as contained in SECTION 2, by striking item (6) and inserting:
/   (6)   'Department' means the South Carolina Department of Health and Environmental Control and all of its subdivisions. /
Amend further, as and if amended, in Section 48-38-20 of the 1976 Code, as contained in SECTION 2, by striking item (8);
Amend further, as and if amended, in Section 48-38-20 of the 1976 Code, as contained in SECTION 2, by striking item (9) and inserting:
/   (9)   '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;


Printed Page 2962 . . . . . Tuesday, April 27, 2004

(vi)   depressions in soil resulting from traffic from vehicles and human activity. /
Amend further, as and if amended, in Section 48-38-50 of the 1976 Code, as contained in SECTION 2, by striking subsection (A) and inserting:
/   (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 a permit. /
Amend further, as and if amended, in Section 48-38-50 of the 1976 Code, as contained in SECTION 2, by striking subsection (C) and inserting:
/   (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. /
Amend further, as and if amended, in Section 48-38-50 of the 1976 Code, as contained in SECTION 2, by adding a new subsection (H) to read:
/   (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;


Printed Page 2963 . . . . . Tuesday, April 27, 2004

(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. /
Amend further, as and if amended, by striking Section 48-38-60 of the 1976 Code, as contained in SECTION 2, and inserting:

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


Printed Page 2964 . . . . . Tuesday, April 27, 2004

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.
Amend further, as and if amended, by striking Section 48-38-70 of the 1976 Code, as contained in SECTION 2, and inserting:
/   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,


Printed Page 2965 . . . . . Tuesday, April 27, 2004

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


Printed Page 2966 . . . . . Tuesday, April 27, 2004

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. /
Amend further, as and if amended, in Section 48-38-90 of the 1976 Code, as contained in SECTION 2, by striking subsections (B), (C), and (D) and inserting:
/   (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. /
Amend further, as and if amended, by striking Section 48-38-100 of the 1976 Code, as contained in SECTION 2, and inserting:
/   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


Printed Page 2967 . . . . . Tuesday, April 27, 2004

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. /
Amend further, as and if amended, in Section 48-38-110 of the 1976 Code, as contained in SECTION 2, by striking subsection (B) and inserting:
/   (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. /
Amend further, as and if amended, by deleting SECTION 3 in its entirety.
Amend further, as and if amended, by deleting SECTION 4 in its entirety.
Amend further, as and if amended, by striking SECTION 5 and inserting:
/SECTION   5.   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." /
Amend further, as and if amended, by striking SECTION 6 and inserting:
/SECTION   6.   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,


Printed Page 2968 . . . . . Tuesday, April 27, 2004

as amended, adopted, or approved by the Charleston District of the United States Army Corps of Engineers." /
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.

Rep. HAGOOD spoke against the amendment.

Rep. HAGOOD moved to table the amendment.

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

Yeas 28; Nays 66

Those who voted in the affirmative are:

Bowers                 Breeland               J. Brown
Clyburn                Coleman                Cotty
Hagood                 Harvin                 Herbkersman
J. Hines               Jennings               Keegan
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Martin                 McGee                  McLeod
Miller                 Neilson                Parks
Scarborough            J. E. Smith            Thompson
Whipper

Total--28

Those who voted in the negative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Bingham
G. Brown               R. Brown               Cato
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Hamilton               Harrison               Hayes
Hinson                 Hosey                  Kennedy
Kirsh                  Koon                   Leach
Limehouse              Loftis                 Mahaffey

Printed Page 2969 . . . . . Tuesday, April 27, 2004

McCraw                 Merrill                J. M. Neal
Ott                    Owens                  Perry
Pinson                 M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Stille                 Talley
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. MCLEOD proposed the following Amendment No. 24 (Doc Name COUNCIL\DKA\3906DW04), which was tabled:
Amend the bill, as and if amended, by striking SECTION 8 in its entirety and inserting:
/ SECTION   8.   This act does not apply to any critical area as defined in Section 48-39-10(J) of the 1976 Code.
SECTION   9.   This act takes effect January 1, 2005. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.
Rep. MCLEOD spoke in favor of the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 53; Nays 40

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                Breeland               Cato

Printed Page 2970 . . . . . Tuesday, April 27, 2004

Clark                  Clemmons               Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Hamilton               Harrell
Harrison               Hayes                  J. Hines
Hinson                 Koon                   Leach
Littlejohn             Loftis                 Mahaffey
Martin                 Merrill                Ott
Owens                  Perry                  Pinson
Quinn                  Rhoad                  Rice
Sandifer               Sinclair               Skelton
G. R. Smith            J. R. Smith            Stewart
Talley                 Townsend               Tripp
Trotter                Umphlett               Vaughn
White                  Whitmire               Wilkins
Witherspoon            Young

Total--53

Those who voted in the negative are:

Bowers                 Branham                J. Brown
Ceips                  Clyburn                Coates
Cotty                  Emory                  Gilham
Hagood                 Herbkersman            Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Lee
Limehouse              Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Parks
M. A. Pitts            Scarborough            Scott
Simrill                G. M. Smith            J. E. Smith
Stille                 Thompson               Weeks
Whipper

Total--40

So, the amendment was tabled.


Printed Page 2971 . . . . . Tuesday, April 27, 2004

LEAVE OF ABSENCE

The SPEAKER granted Rep. EMORY a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. M. NEAL a leave of absence for the remainder of the day.

Rep. YOUNG moved cloture on the entire matter.

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

Yeas 59; Nays 28

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                Cato                   Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Freeman
Frye                   Gilham                 Harrison
Hayes                  Hinson                 Koon
Leach                  Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McGee                  Neilson                Ott
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Stille                 Talley
Thompson               Townsend               Trotter
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--59

Those who voted in the negative are:

Bowers                 Branham                R. Brown
Clyburn                Davenport              Hagood

Printed Page 2972 . . . . . Tuesday, April 27, 2004

Herbkersman            J. Hines               Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Lee
Limehouse              Lloyd                  Lourie
Mack                   McCraw                 McLeod
Miller                 Parks                  Scott
J. E. Smith            Tripp                  Weeks
Whipper

Total--28

So, cloture was ordered.

Reps. HAGOOD, LIMEHOUSE, CEIPS, SCARBOROUGH, GILHAM, W. D. SMITH, SIMRILL and HERBKERSMAN proposed the following Amendment No. 11 (Doc Name COUNCIL\NBD\12481AC04), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   (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 United States Supreme Court has held that regulation of land and water use is a 'traditional and primary power' of the states;


Printed Page 2973 . . . . . Tuesday, April 27, 2004

(7)   the State of South Carolina will implement an effective, balanced 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)   achieve the goal of no net loss of isolated wetlands when measured in terms of functions provided by the isolated wetlands on a statewide basis;

(5)   implement the regulatory program authorized under this act to ensure that landowners are not denied the reasonable use of their property;

(6)   streamline the permitting process for minimal impact projects in 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.
SECTION   2.   Title 48 of the 1976 Code is amended by adding:

"CHAPTER 38
Isolated Wetlands

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:


Printed Page 2974 . . . . . Tuesday, April 27, 2004

(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 48-1-10 (2).

(3)   'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands.

(4)   'Prior converted cropland' means agricultural land that was, before December 23, 1985:

(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 perennial 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 will be remediated by the applicant in accordance with a contingency plan for restoration.

(6)   'Department' means the South Carolina Department of Health and Environmental Control.

(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. Isolated wetlands are waters of the State as defined at 48-1-10(2).

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;


Printed Page 2975 . . . . . Tuesday, April 27, 2004

(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)   prior converted 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;

(b)   perennial or intermittent streams; or

(c)   ditches with perennial or intermittent flow.

(10)   'Feasible' means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.

(11) 'Mitigation' or 'Mitigation Project' means:

(a)   avoiding the impact altogether by not taking a certain action or parts of an action;

(b)   minimizing impacts by limiting the degree or magnitude of the action and its implementation;

(c)   rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(d)   reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e)   compensating for the impact by replacing or providing substitute resources or environments.

'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 act.

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.

Section 48-38-40.   (A)   A delineation approved by a federal agency under Section 404 of the federal Clean Water Act is binding for the purposes of this chapter absent the showing of fraud, bad faith,


Printed Page 2976 . . . . . Tuesday, April 27, 2004

mistake, inaccuracy, or negligent misrepresentation by the applicant or agent procuring the delineation.

(B)   A delineation approved by this section is binding for up to five years absent a showing of fraud, bad faith, mistake, inaccuracy, or negligent misrepresentation.

Section 48-38-50.   (A)   The department, after notice and opportunity to affected parties for comment, and using the procedures and criteria for permit issuance set forth in this chapter, shall issue permits for the activities in isolated wetlands regulated under this chapter.

(B)   Discharges into wetlands from activities are deemed to be permitted if the wetlands affected are less than or equal to 0.3 acres east of I-95 and less than or equal to 0.1 acres west of I-95. Activities deemed to be permitted must employ adequate erosion and sediment control practices, will not conduct any permanent erosion and sediment control practices in wetlands, and measures will be taken to ensure that the hydrology of any wetlands is not affected by the discharge. This provision is allowed only once per project site. Mitigation is not required for these impacts.

(C)   A general permit will be issued for discharges into wetlands for activities impacting acreages greater than the thresholds above but no greater than one acre. Upon filing a Notice of Intent with the department, coverage under the general permit will be determined in accordance with the procedures in the Scope of Review below. The department will review any Notice of Intent for coverage under this general permit within thirty business days.

(D)   The content of the application for permits for activities in wetlands not covered in (B) or (C) above is specified below. Upon receipt of an application, the department may require additional information to make the application complete. As a minimum the application must contain the following information:

(1)   the name, address, phone numbers, principal place of business of the applicant; the name, address, and phone number of the property owner, if different from the applicant; and, if applicable, the name, address and phone number of the agent for the applicant;

(2)   a complete description of the proposed permitted activity, including the location, affected waterbodies, purpose, and intent of the project; maps, drawings, and plans sufficient for review purposes. Detailed engineering plans are not required;

(3)   a description of all proposed activities reasonably associated with the proposed permitted project either directly or


Printed Page 2977 . . . . . Tuesday, April 27, 2004

indirectly, including planned or proposed future development that relate to water quality considerations;

(4)   a description of the composition, source, and quantity of any material to be dredged or used as fill and a description of the area to be impacted, including the area of fill in acres and a wetlands delineation or approximation, as appropriate;

(5)   the method of dredging or filling and specific plans for disposal and control of dredge spoils;

(6)   the names and addresses of adjacent property owners.

(E)   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.

(F)   Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. Public notice of the application shall be by each of the following methods:

(a)   by the department's mailing a copy of the Notice of Application to:

(i)     the applicant;

(ii)   any agency with jurisdiction over or interest in the activity or disposal site;

(iii)   owners or residents of property adjoining the area of the proposed activity as identified in the application;

(iv)   newspapers of local and statewide interest in the area;

(v)   any adjacent State agency of North Carolina or Georgia with jurisdiction over or interest in common waters affected by the proposed activity;

(vi)   anyone who has specifically requested copies of public notices. The list of such persons will be updated periodically and persons deleted who fail to respond to normal department requests to identify continued interest. Nongovernmental interests out-of-state may be charged an annual fee of twenty-five dollars for notices;


Printed Page 2978 . . . . . Tuesday, April 27, 2004

(b)   by publication by the applicant of the Notice of Application in a newspaper of local or general circulation reasonably expected to cover the area affected by the activity. Such publication by the applicant shall contain sufficient information for the reader to understand the location, nature, and extent of the proposed activity and a contact for further information. The applicant shall provide the department with an affidavit of publication from the newspaper within fifteen days of publication;

(c)   by publication on the department website or equivalent publicly available electronic media, when available;

(d)   the department will coordinate with other regulatory agencies and develop joint procedures for publication of notices of applications where feasible to minimize duplication.

(G)   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 thirty days following the publication of notice concerning the application. If twenty or more residents or citizens of the affected county or counties 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.

(H)   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.

(I)   The department shall provide an explanation to an applicant for an individual permit of the basis for a proposed denial of an application.

(J)   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.

Section 48-38-60.   (A)(1)   The department shall determine whether to issue a permit for an activity in isolated wetlands 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;


Printed Page 2979 . . . . . Tuesday, April 27, 2004

(b)   minimize the adverse impact on isolated wetland functions that cannot be avoided; and

(c)   compensate for any loss of wetland functions that cannot be avoided or minimized.

(2)     The department shall prepare a written assessment on each proposed activity requiring a wetlands permit. This assessment shall address the water quality impacts of the project and make conclusions concerning compliance with water quality standards and the protection of classified uses. Such assessment shall be available to the applicant and to the public upon request.

(3)     A permit shall be issued if the applicant has demonstrated that the project is consistent with the provisions of applicable regulations and the State Water Quality Standards, R. 61-68.

(4)     In assessing the water quality impacts of the project, the department will address and consider the following factors:

(a)   whether the activity is water dependent and the intended purpose of the activity;

(b)   whether there are feasible alternatives to the activity;

(c)   all potential water quality impacts of the project, both direct and indirect, over the life of the project including:

(i)     impact on existing and classified uses;

(ii)   physical, chemical, and biological impacts, including cumulative impacts;

(iii)   the effect on circulation patterns and water movement;

(iv)   the cumulative impacts of the proposed activity and reasonably foreseeable similar activities of the applicant and others.

(5)     The department shall consider as relevant factors:

(a)   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 environmental benefit, measured by isolated wetland functions, that may occur through mitigation efforts, including restoring, preserving, enhancing, or creating isolated wetland functions; and

(c)   whether the impact on the isolated wetland is temporary or permanent.

(6)   Except as otherwise provided in this section, requirements for compensatory mitigation may be imposed when the department finds that an activity undertaken under this section will result in the unavoidable loss or degradation of isolated wetland functions where


Printed Page 2980 . . . . . Tuesday, April 27, 2004

such loss or degradation is not temporary. When determining mitigation requirements in a specific case, the department shall take into consideration the type of isolated wetland affected by the activity, and the nature of the impact on wetland functions, whether any adverse effects on isolated wetlands are of a permanent or temporary nature. 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' or the 'Federal Guidance for the Establishment, Use and Operation of Mitigation Banks' (60 C.F.R. 58,605 November 28, 1995) and with an appropriate service area must be considered to be in compliance with the requirements of this subsection.

(C)   Compensatory mitigation must be determined with consideration of the type of wetland, the size of the wetland, the hydrology of the wetland, the landscape position and how well the wetland performs ecological functions, using the tables below, or in accordance with the Charleston District Corps of Engineers' Standard Operating Procedures for Compensatory Mitigation used in South Carolina. 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 if in the service area. Mitigation may be in an isolated wetland or in a wetland under federal jurisdiction.

(D)   Compensatory mitigation will not be required for temporary impacts.

(E)   The tables referred to in subsection (C) above are as follows: The mitigation offered from Table 3 must equal or exceed the mitigation required in Table 1.


Printed Page 2981 . . . . . Tuesday, April 27, 2004

Table 1 (Required Mitigation Credits for Impacts to Nonfederal Wetlands) is used to evaluate the nonfederal wetlands proposed for impact to determine the amount of mitigation required. A determination of the physical and ecological characteristics must be made for each wetlands proposed for impact on the project site. Consideration is given to the amount of acreage to be impacted as well as whether or not a wetlands master plan has been developed for the site.
Table 2 (Proposed Mitigation for Impacts to Nonfederal Wetlands) is used to evaluate the wetlands offered as compensatory mitigation. A determination of the characteristics of the mitigation is made for each area offered. The compilation of these scores provides the proposed credit for each area offered.
Table 3 (Mitigation Credits Offered for Impacts to Nonfederal Wetlands) is used to determine if sufficient mitigation has been offered. The proposed credit for each area is multiplied by the acreage of the area. This number represents the mitigation offered.

Section 48-38-70.   (A)   Except as provided for in subsection (B), 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 sedimentation basins on a construction site that do not include placement of fill material into waters of the State;

(5)   activities for the purpose of construction or maintenance of farm roads, forest roads, temporary roads for moving mining


Printed Page 2982 . . . . . Tuesday, April 27, 2004

equipment, 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 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 RCRA, CERCLA, or the state's solid or hazardous waste statutes;


Printed Page 2983 . . . . . Tuesday, April 27, 2004

(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.

(B)   Any activity in items (1) through (14) of subsection (A) that brings an isolated wetlands into a use for which it was not previously subject and that will impair the flow or circulation of the wetland or reduce the reach of the wetland is not eligible for the exemptions provided for in subsection (A) and is subject to the permitting process of this chapter.

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.

(B)   No general permit issued under this section must 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)   A notice of the adoption or change of a general permit under this chapter must be published 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 hearing before the board, or its designee, regarding the department's decision. Such request must be made in writing to the department within fifteen days from the receipt of the notice of such decision. The burden of proof in a contested case hearing must be upon the moving party. The contested case hearing before the board or its designee is conducted as a contested case under the Administrative Procedures Act. The issues considered at the contested case hearing are limited to those presented or considered during the staff review and decision-making process. Once a contested care hearing has been requested, any additional applications or appeals will not be considered competing applications.


Printed Page 2984 . . . . . Tuesday, April 27, 2004

(C)   The board's decision shall become final thirty days after it is mailed, unless any party who participated in the contested case hearing and is adversely affected by the board's decision, within such thirty-day period, appeals the decision to a court of competent jurisdiction consistent with State Law.

(D)   After the contested case hearing is concluded and a final board decision is made, a party who participated in the contested case hearing and who is affected adversely by the board's decision may obtain judicial review of the decision in the circuit court pursuant to the Administrative Procedures 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. Until such regulations are promulgated and take effect, the department shall implement this chapter using its inherent authority under the South Carolina Pollution Control Act and the regulations promulgated or to be promulgated thereunder are consistent with the dictates of this chapter.

(B)   The department is authorized to promulgate a schedule of fees 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 48-38-120. (A) The department may conduct inspections for determining compliance with wetlands permits issued under this chapter.

(B) No person may violate any condition imposed by the department in a wetlands permit issued under this chapter.

(C) Pursuant to the South Carolina Pollution Control Act, the department may assess penalties for any violations of a wetlands permit issued under this chapter.

Section 48-38-130.   The department shall monitor wetlands losses versus wetlands compensation under this chapter to determine compliance with the no net loss goal. This evaluation shall occur two years, five years, and ten years after enactment. Amendments to the chapter or the regulations or procedures contained herein may be accomplished if warranted by the above evaluations at any of the specified review times.
SECTION   3.   Chapter 6, Title 12 of the 1976 Code is amended by adding:


Printed Page 2985 . . . . . Tuesday, April 27, 2004

"Section 12-6-1125.   (A)   Notwithstanding any other provision of law, gross income shall not include any amount received by the owner of isolated wetlands for allowing any person to use the isolated wetlands in a compatible use.

(B)   As used in this section, the term 'compatible use' has the meaning given this term in the regulation prescribed below. The department shall prescribe regulations identifying those activities that constitute compatible uses for purposes of this section, including any pertinent restrictions on the activities. The activities include fishing, hunting, and other activities determined to be appropriate by the department, but shall not include any activity that degrades the functions of isolated wetlands.

(C)   This section shall apply to amounts received after the effective date of this section."
SECTION   4.   Chapter 6 of Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3525.   (A)   A taxpayer who has qualified for and claimed on the taxpayer's federal income tax return a charitable deduction for a qualified conservation contribution of isolated wetlands donated after the effective date of this section, on a qualified real property interest located in this State, may elect to claim an income tax credit for the applicable tax year in an amount equal to twenty-five percent of the total amount of the federal deduction attributable to the donation of the isolated wetlands located in this State. However, the credit is subject to the caps provided in subsection (C). If the amount of the credit exceeds the taxpayer's state income tax liability for the taxable year, or if it exceeds the maximum credit that may be used in any particular taxable year as provided in subsection (C)(2), the excess credit may be carried forward to succeeding taxable years until all the credit is claimed. The credit allowed by this section that may be used to offset state income tax liability in any one taxable year is limited to an amount that, when combined with all other state income tax liability for the taxable year, does not exceed the taxpayer's total state income tax liability for the taxable year. The fair market value of donations made pursuant to this section must be substantiated by a 'qualified appraisal' prepared by a 'qualified appraiser' as those terms are defined under applicable federal law and regulations applicable to charitable contributions.

(B)   For purposes of this section:


Printed Page 2986 . . . . . Tuesday, April 27, 2004

(1)   'qualified conservation contribution' and 'qualified real property interest' are defined as provided in Internal Revenue Code Section 170(h);

(2)   'upland buffer' means upland areas that protect and increase the overall ecological functioning of the isolated wetlands.

(C)   For purposes of this section:

(1)   the credit provided for in this section may not exceed two hundred fifty dollars per acre of property to which the donation of isolated wetlands for conservation applies. For the purpose of calculating the per acre tax credit cap of this subsection, all isolated wetland acreage and upland buffer subject to the qualified conservation contribution shall be taken into account;

(2)   regardless of the amount of the credit allowed by this section, the total credit a taxpayer may use under this section for any particular taxable year may not exceed fifty thousand dollars;

(3)   for purposes of applying the per acre limitation and per taxpayer limitation on the credit allowed by this section, the attribution rules of Section 267 of the Internal Revenue Code apply.

(D)   The Department of Revenue shall report to the Governor and the General Assembly on the activity generated on calendar years 2005 and 2006 state income tax returns by the credit allowed by this section."
SECTION   5.   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 ad valorem tax purposes until such time as the landowner obtains a permit in the manner provided by law that allows the property to be developed."
SECTION   6.   This act takes effect January 1, 2005.
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 51; Nays 39


Printed Page 2987 . . . . . Tuesday, April 27, 2004

Those who voted in the affirmative are:
Anthony                Bailey                 Barfield
Bingham                Cato                   Clark
Clemmons               Coates                 Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Hamilton               Harrison
Hinson                 Kirsh                  Koon
Leach                  Littlejohn             Loftis
Mahaffey               Martin                 Merrill
Ott                    Owens                  Perry
Pinson                 M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Sinclair               Skelton                J. R. Smith
Stewart                Stille                 Talley
Townsend               Tripp                  Trotter
Umphlett               White                  Whitmire
Wilkins                Witherspoon            Young

Total--51

Those who voted in the negative are:

Bowers                 Branham                Breeland
J. Brown               Ceips                  Clyburn
Cotty                  Gilham                 Hagood
Harrell                Harvin                 Herbkersman
J. Hines               Hosey                  Howard
Jennings               Keegan                 Kennedy
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Miller                 Neilson                Parks
Scarborough            Scott                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Thompson               Weeks                  Whipper

Total--39

So, the amendment was tabled.


Printed Page 2988 . . . . . Tuesday, April 27, 2004

Rep. HAGOOD proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\21230SD04), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION   1.   (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 Supreme Court that regulation of land and water sue is a "traditional and primary power" of the states;

(7)   the State of South Carolina will implement an effective, balanced 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;


Printed Page 2989 . . . . . Tuesday, April 27, 2004

(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)   achieve the goal of no net loss of isolated wetlands when measured in terms of functions provided by the isolated wetlands on a statewide basis;

(5)   implement the regulatory program authorized under this act to ensure that landowners are not denied the reasonable use of their property;

(6)   streamline the permitting process for minimal impact projects in 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./
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 51; Nays 37

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                Cato                   Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Freeman                Frye
Hamilton               Harrison               Hinson
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Martin
Merrill                Ott                    Owens
Perry                  Pinson                 M. A. Pitts
Quinn                  Rhoad                  Rice

Printed Page 2990 . . . . . Tuesday, April 27, 2004

Sandifer               Sinclair               Skelton
J. R. Smith            Stewart                Stille
Talley                 Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--51

Those who voted in the negative are:

Bowers                 Branham                Breeland
Ceips                  Clyburn                Cotty
Gilham                 Hagood                 Harvin
Herbkersman            J. Hines               Hosey
Howard                 Jennings               Keegan
Kennedy                Lee                    Limehouse
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Miller
Neilson                Parks                  Scott
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Thompson               Weeks
Whipper

Total--37

So, the amendment was tabled.

Rep. HAGOOD proposed the following Amendment No. 13 (Doc Name COUNCIL\GJK\21231SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-20 of the 1976 Code as contained in SECTION 2 and inserting:
/   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 48-1-10 (2).

(3)   'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands.


Printed Page 2991 . . . . . Tuesday, April 27, 2004

(4)   'Prior converted cropland' means agricultural land that was, before December 23, 1985;

(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 perennial 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 or will be remediated by the applicant in accordance with a contingency plan for restoration.

(6)   'Department' means the South Carolina Department of Health and Environmental Control.

(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. Isolated wetlands are waters of the State as defined at 48-1-10(2).

The term 'isolated wetland' does not include:

(a)   waste treatment systems, including treatment ponds or lagoons, designed to comply with water quality standards of the State;

(b)   stormwater management facilities, a drainage, or irrigation ditch located in upland;

(c)   an artificially irrigated area that would revert to upland if the irrigation ceased;

(d)   a waterfilled depression created incidental to construction activity, or to excavation activity for the purpose of obtaining fill, sand, gravel, aggregates, or minerals;

(e)   prior converted cropland;

(f)   depressions in soil resulting from traffic from vehicles and human activity.

(9)   'Visible surface water connection' means a connection via:


Printed Page 2992 . . . . . Tuesday, April 27, 2004

(a)   contiguous wetlands;

(b)   perennial or intermittent streams; or

(c)   ditches with perennial or intermittent flow.

(10)   'Feasible' means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.

(11) 'Mitigation' or 'Mitigation Project' means:

(a)   avoiding the impact altogether by not taking a certain action or parts of an action;

(b)   minimizing impacts by limiting the degree or magnitude of the action and its implementation;

(c)   rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(d)   reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e)   compensating for the impact by replacing or providing substitute resources or environments.

'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 act. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. HAGOOD demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 43 to 22.

Rep. HAGOOD proposed the following Amendment No. 14 (Doc Name COUNCIL\GJK\21232SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-30 of the 1976 Code as contained in SECTION 2 and inserting:


Printed Page 2993 . . . . . Tuesday, April 27, 2004

/   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. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

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

Rep. HAGOOD proposed the following Amendment No. 16 (Doc Name COUNCIL\GJK\21233SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-40 of the 1976 Code as contained in SECTION 2 and inserting:
/   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, mistake, inaccuracy, or negligent misrepresentation by the applicant or agent procuring the delineation.

(B)   A delineation approved by this section is binding for up to five years absent a showing of fraud, bad faith, mistake, inaccuracy, or negligent misrepresentation. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 54; Nays 31

Those who voted in the affirmative are:

Bailey                 Barfield               Bingham
Bowers                 J. Brown               Cato

Printed Page 2994 . . . . . Tuesday, April 27, 2004

Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Hamilton
Hayes                  Hinson                 Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Martin                 Merrill
Ott                    Owens                  Perry
Pinson                 Quinn                  Rhoad
Rice                   Rutherford             Sandifer
Scarborough            Sinclair               Skelton
J. R. Smith            Stewart                Stille
Talley                 Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--54

Those who voted in the negative are:

Anthony                Breeland               Ceips
Clyburn                Cotty                  Gilham
Hagood                 Harrell                Herbkersman
J. Hines               Hosey                  Jennings
Keegan                 Limehouse              Lloyd
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Miller                 Parks                  M. A. Pitts
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Thompson               Weeks
Whipper

Total--31

So, the amendment was tabled.

Rep. HAGOOD proposed the following Amendment No. 17 (Doc Name COUNCIL\GJK\21234SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-50 of the 1976 Code as contained in SECTION 2 and inserting:


Printed Page 2995 . . . . . Tuesday, April 27, 2004

/   Section 48-38-50.   (A)   The department, after notice and opportunity to affected parties for comment, and using the procedures and criteria for permit issuance set forth in this chapter, shall issue permits for the activities in isolated wetlands regulated under this chapter.

(B)   Discharges into wetlands from activities are deemed to be permitted if the wetlands affected are less than or equal to 0.3 acre east of I-95 and less than or equal to 0.1 acre west of I-95. Activities deemed to be permitted must employ adequate erosion and sediment control practices, will not conduct any permanent erosion and sediment control practices in wetlands, and measures will be taken to ensure that the hydrology of any wetlands is not affected by the discharge. This provision is allowed only once per project site. Mitigation is not required for these impacts.

(C)   A General Permit will be issued for discharges into wetlands for activities impacting acreages above the thresholds above but no greater than one acre. Upon filing a Notice of Intent with the department, coverage under the General Permit will be determined in accordance with the procedures in Section I, Scope of Review, below. The department will review any Notice of Intent for coverage under this General Permit within 30 business days.

(D)   The content of the application for permits for activities in wetlands not covered in (B) or (C) above is specified below. Upon receipt of an application, the department may require additional information to make the application complete. As a minimum the application must contain the following information:

(1)   the name, address, phone numbers, principal place of business of the applicant; the name, address, and phone number of the property owner, if different from the applicant; and, if applicable, the name, address and phone number of the agent for the applicant;

(2)   a complete description of the proposed permitted activity, including the location, affected water body, purpose, and intent of the project; maps, drawings, and plans sufficient for review purposes (detailed engineering plans are not required);

(3)   a description of all proposed activities reasonably associated with the proposed permitted project either directly or indirectly, including planned or proposed future development that relate to water quality considerations;

(4)   a description of the composition, source, and quantity of any material to be dredged or used as fill and a description of the area


Printed Page 2996 . . . . . Tuesday, April 27, 2004

to be impacted, including the area of fill in acres and a wetlands delineation or approximation, as appropriate;

(5)   the method of dredging or filling and specific plans for disposal and control of dredge spoils;

(6)   the names and addresses of adjacent property owners.

(E)   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.

(F)   Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. Public notice of the application shall be by each of the following methods:

(1)   by the department's mailing a copy of the Notice of Application to:

(a)   the applicant;

(b)   any agency with jurisdiction over or interest in the activity or disposal site;

(c)   owners or residents of property adjoining the area of the proposed activity as identified in the application;

(d)   newspapers of local and statewide interest in the area;

(e)   any adjacent State agency of North Carolina or Georgia with jurisdiction over or interest in common waters affected by the proposed activity;

(f)   anyone who has specifically requested copies of public notices. The list of such persons will be updated periodically and persons deleted who fail to respond to normal department requests to identify continued interest. Nongovernmental interests out-of-state may be charged an annual fee of twenty-five dollars for notices;

(2)   by publication by the applicant of the Notice of Application in a newspaper of local or general circulation reasonably expected to cover the area affected by the activity. Such publication by the applicant shall contain sufficient information for the reader to understand the location, nature, and extent of the proposed activity and a contact for further information. The applicant shall provide the


Printed Page 2997 . . . . . Tuesday, April 27, 2004

department with an affidavit of publication from the newspaper within fifteen days of publication;

(3)   by publication on the department website or equivalent publicly available electronic media, when available;

(4)   the department will coordinate with other regulatory agencies and develop joint procedures for publication of notices of applications where feasible to minimize duplication.

(G)   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 thirty days following the publication of notice concerning the application. If twenty or more residents or citizens of the affected county or counties 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.

(H)   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.

(I)   The department shall provide an explanation to an applicant for an individual permit of the basis for a proposed denial of an application.

(J)   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. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 51; Nays 35


Printed Page 2998 . . . . . Tuesday, April 27, 2004

Those who voted in the affirmative are:
Bailey                 Barfield               Bingham
J. Brown               Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Freeman                Frye
Hamilton               Harrison               Hinson
Kirsh                  Koon                   Leach
Littlejohn             Lloyd                  Loftis
Martin                 Ott                    Owens
Perry                  Pinson                 M. A. Pitts
Quinn                  Rhoad                  Rice
Rutherford             Sandifer               Scarborough
Skelton                J. R. Smith            Stewart
Stille                 Talley                 Townsend
Tripp                  Trotter                Umphlett
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--51

Those who voted in the negative are:

Bowers                 Branham                Breeland
Ceips                  Clyburn                Cotty
Gilham                 Hagood                 Harrell
Harvin                 Hayes                  Herbkersman
J. Hines               Hosey                  Jennings
Keegan                 Limehouse              Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Neilson
Parks                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Thompson
Weeks                  Whipper

Total--35

So, the amendment was tabled.

Rep. HAGOOD proposed the following Amendment No. 18 (Doc Name COUNCIL\GJK\21235SD04), which was tabled:


Printed Page 2999 . . . . . Tuesday, April 27, 2004

Amend the bill, as and if amended, by striking Section 48-38-60 of the 1976 Code as contained in SECTION 2 and inserting:
/   Section 48-38-60.   (A)(1)   The department shall determine whether to issue a permit for an activity in isolated wetlands 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 cannot be avoided or minimized.

(2)   The department shall prepare a written assessment on each proposed activity requiring a wetlands permit. This assessment shall address the water quality impacts of the project and make conclusions concerning compliance with water quality standards and the protection of classified uses. Such assessment shall be available to the applicant and to the public upon request.

(3)   A permit shall be issued if the applicant has demonstrated that the project is consistent with the provisions of these regulations and the State Water Quality Standards, R. 61-68.

(4)   In assessing the water quality impacts of the project, the department will address and consider the following factors:

(a)   whether the activity is water dependent and the intended purpose of the activity;

(b)   whether there are feasible alternatives to the activity;

(c)   all potential water quality impacts of the project, both direct and indirect, over the life of the project including:

(i)   impact on existing and classified uses;

(ii)   physical, chemical, and biological impacts, including cumulative impacts;

(iii)   the effect on circulation patterns and water movement;

(iv)   the cumulative impacts of the proposed activity and reasonably foreseeable similar activities of the applicant and others.

(5)   The department shall consider as relevant factors:

(a)   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 environmental benefit, measured by isolated wetland functions, that may occur through mitigation efforts, including


Printed Page 3000 . . . . . Tuesday, April 27, 2004

restoring, preserving, enhancing, or creating isolated wetland functions; and

(c)   whether the impact on the isolated wetland is temporary or permanent.

(6)   Except as otherwise provided in this section, requirements for compensatory mitigation may be imposed when the department finds that an activity undertaken under this section will result in the unavoidable loss or degradation of isolated wetland functions where such loss or degradation is not a temporary. 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. 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' or the "Federal Guidance for the Establishment, Use and Operation of Mitigation Banks" (60 C.F.R. 58,605 (November 28, 1995)) and with an appropriate service area must be considered to be in compliance with the requirements of this subsection.

(C)   Compensatory mitigation must be determined with consideration of the type of wetland, the size of the wetland, the hydrology of the wetland, the landscape position and how well the wetland performs ecological functions, using the tables below, or in accordance with the Charleston District Corps of Engineers' Standard Operating Procedures for Compensatory Mitigation used in South Carolina. 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


Printed Page 3001 . . . . . Tuesday, April 27, 2004

not available, then an in-lieu bank must be accepted if it the service area is appropriate. Mitigation may be in an isolated wetland or in a wetland under federal jurisdiction.

(D)   Compensatory mitigation will not be required for temporary impacts.
Table 1, Required Mitigation Credits for Impacts to Nonfederal Wetlands, is used to evaluate the nonfederal wetlands proposed for impact to determine the amount of mitigation required. A determination of the physical and ecological characteristics must be made for each wetlands proposed for impact on the project site. Consideration is given to the amount of acreage to be impacted as well as whether or not a wetlands master plan has been developed for the site.
Table 2, Proposed Mitigation for Impacts to Nonfederal Wetlands, is used to evaluate the wetlands offered as compensatory mitigation. A determination of the characteristics of the mitigation is made for each area offered. The compilation of these scores provides the proposed credit for each area offered.
Table 3, Mitigation Credits Offered for Impacts to Nonfederal Wetlands, is used to determine if sufficient mitigation has been offered. The proposed credit for each area is multiplied by the acreage of the area. This number represents the mitigation offered.
The mitigation offered from Table 3 must equal or exceed the mitigation required in Table 1./
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 57; Nays 28

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                J. Brown               Cato
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge

Printed Page 3002 . . . . . Tuesday, April 27, 2004

Freeman                Frye                   Hamilton
Harrison               Hayes                  J. Hines
Hinson                 Jennings               Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Martin                 McLeod
Merrill                Neilson                Ott
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rice
Rutherford             Sandifer               Scarborough
Skelton                G. R. Smith            J. R. Smith
Stewart                Stille                 Talley
Tripp                  Trotter                Umphlett
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--57

Those who voted in the negative are:

Bowers                 Branham                Breeland
Ceips                  Clyburn                Cotty
Gilham                 Hagood                 Harrell
Harvin                 Herbkersman            Hosey
Keegan                 Limehouse              Lloyd
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Miller                 Parks                  Simrill
J. E. Smith            Thompson               Weeks
Whipper

Total--28

So, the amendment was tabled.

Reps. HERBKERSMAN, GILHAM and CEIPS proposed the following Amendment No. 24 (Doc Name COUNCIL\NBD\ 12480AC04), which was tabled:
Amend the bill, as and if amended, page 11, immediately after line 35 by inserting:
/Section 48-38-120.   This chapter does not apply to isolated wetlands on barrier islands that are in excess of thirty square miles and that have land purchasing programs in place as of January 1, 2005./


Printed Page 3003 . . . . . Tuesday, April 27, 2004

Renumber sections to conform.
Amend title to conform.

Rep. HERBKERSMAN explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 47; Nays 40

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                J. Brown               Cato
Clark                  Cobb-Hunter            Cooper
Dantzler               Davenport              Duncan
Edge                   Freeman                Frye
Harrison               Hayes                  Kennedy
Kirsh                  Koon                   Littlejohn
Loftis                 Lucas                  J. H. Neal
Ott                    Owens                  Perry
Pinson                 M. A. Pitts            Quinn
Rice                   Sandifer               Skelton
J. R. Smith            Stewart                Stille
Talley                 Townsend               Tripp
Trotter                Umphlett               Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--47

Those who voted in the negative are:

Bowers                 Branham                Breeland
Ceips                  Clemmons               Clyburn
Coates                 Cotty                  Delleney
Gilham                 Hagood                 Hamilton
Harrell                Herbkersman            J. Hines
Hinson                 Hosey                  Jennings
Keegan                 Leach                  Limehouse
Lloyd                  Lourie                 Mack
Mahaffey               Martin                 McCraw

Printed Page 3004 . . . . . Tuesday, April 27, 2004

McGee                  McLeod                 Merrill
Miller                 Rhoad                  Rutherford
Scarborough            Simrill                G. R. Smith
J. E. Smith            Thompson               Weeks
Whipper

Total--40

So, the amendment was tabled.

Rep. HERBKERSMAN proposed the following Amendment No. 25 (Doc Name COUNCIL\GGS\22652SD04), which was ruled out of order:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/   SECTION   ____.   Notwithstanding another provision of law:

(A)   A county or a municipality that is located in a county in which a municipality was imposing and collecting a real estate transfer fee before January 1, 1991, may impose and collect a real estate transfer fee by ordinance;

(B)   transfer fees imposed pursuant to the provisions of this subsection (A) may not exceed .025 percent and must be used by the municipality or county to purchase Department of Health and Environmental Control-recognized wetlands, green space, and open areas for the public benefit. These fees may also be used to improve the wetlands, green spaces, and open areas." /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 25 was out of order under Rule 9.3 in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. OTT proposed the following Amendment No. 26 (Doc Name COUNCIL\DKA\3920AC04), which was adopted:
Amend the bill, as and if amended, Section 48-38-20, SECTION 2, page 5, immediately after line 17, by inserting:
/ (14) 'Carolina bay' means a shallow, poorly drained, elliptical depression usually found in the coastal plain. They typically have a


Printed Page 3005 . . . . . Tuesday, April 27, 2004

general north-west to south-east orientation of the long axis and are bounded by a low sandy rim. /
Amend further, SECTION 2, page 11, immediately after line 35, by inserting:
/ 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. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. PERRY moved to table the amendment, which was not agreed to.

The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\21222SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION   1.   (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)   a significant portion of isolated wetlands in South Carolina have been altered or destroyed in the past and existing isolated wetlands 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;


Printed Page 3006 . . . . . Tuesday, April 27, 2004

(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 Supreme Court that regulation of land and water sue is a "traditional and primary power" of the states;

(7)   the State of South Carolina will implement an effective, balanced program to manage activities in and around isolated wetlands that:

(a)   conserves and enhances environmentally and publicly 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 limit tax expenditures on water treatment, erosion control and flood damage;

(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 consistent with a strong state, regional, and local economy, including a strong tax base and minimizing public expenditures on flood control and water treatment;

(3)   encourage the conservation and restoration of wetland functions where appropriate;

(4)   achieve the goal of no net loss of isolated wetlands when measured in terms of functions provided by the isolated wetlands on a statewide basis;

(5)   implement the regulatory program authorized under this act to ensure that landowners are not denied the reasonable use of their property;

(6)   streamline the permitting process for minimal impact projects in 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./


Printed Page 3007 . . . . . Tuesday, April 27, 2004

Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 36 to 20.

Rep. J. E. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\21223SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-20 of the 1976 Code as contained in SECTION 2 and inserting:
/   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 five years.

(2)   'Activities' means the discharge of dredged or fill material into waters as defined in 48-1-10 (2).

(3)   'Discharge of dredged or fill material' means the addition of dredged or fill material into isolated wetlands.

(4)   'Prior converted cropland' means agricultural land that was, before December 23, 1985:

(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 perennial agricultural crop including forage or hay, aquaculture product, nursery product, wetland crop, or livestock.

(5)   'Department' means the South Carolina Department of Health and Environmental Control.

(6)   'Board' means the board of the department.

(7)   '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. Isolated wetlands are waters of the State as defined at 48-1-10(2).

The term 'isolated wetland' does not include:


Printed Page 3008 . . . . . Tuesday, April 27, 2004

(a)   waste treatment systems, including treatment ponds or lagoons, not constructed in isolated wetlands, if designed to comply with water quality standards of the State;

(b)   stormwater management facilities, a drainage, or irrigation ditch located in upland;

(c)   an artificially irrigated area that would revert to upland if the irrigation ceased;

(d)   a waterfilled depression created incidental to construction activity, or to excavation activity for the purpose of obtaining fill, sand, gravel, aggregates, or minerals unless such activities have been abandoned and the area otherwise meets the definition of isolated wetlands;

(e)   prior converted cropland;

(f)   depressions in soil resulting solely from vehicle tire and track marks.

(8)   'Visible surface water connection' means a connection via:

(a)   contiguous wetlands;

(b)   perennial or intermittent streams; or

(c)   ditches with perennial or intermittent flow.

(9)   'Feasible' means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.

(10)   'Mitigation' or 'Mitigation Project' means, in order of acceptability:

(a)   avoiding the impact altogether by not taking a certain action or parts of an action;

(b)   minimizing impacts by limiting the degree or magnitude of the action and its implementation;

(c)   rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(d)   reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e)   compensating for the impact by replacing or providing substitute resources or environments;

'Mitigation Project' includes using credits from a wetlands mitigation bank.

(11)   '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 act. /


Printed Page 3009 . . . . . Tuesday, April 27, 2004

Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 52; Nays 24

Those who voted in the affirmative are:

Anthony                Bailey                 Barfield
Bingham                Cato                   Clark
Clemmons               Cooper                 Dantzler
Davenport              Duncan                 Edge
Freeman                Frye                   Hamilton
Harrell                Hayes                  Hinson
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Merrill
Neilson                Ott                    Owens
Pinson                 M. A. Pitts            Quinn
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                Skelton
G. R. Smith            J. R. Smith            Stewart
Stille                 Talley                 Thompson
Trotter                Umphlett               White
Whitmire               Wilkins                Witherspoon
Young

Total--52

Those who voted in the negative are:

Branham                Breeland               J. Brown
Clyburn                Cotty                  Hagood
Herbkersman            J. Hines               Hosey
Jennings               Keegan                 Kennedy
Lloyd                  Lourie                 Mack
McCraw                 McLeod                 Miller

Printed Page 3010 . . . . . Tuesday, April 27, 2004

J. H. Neal             Parks                  Rutherford
J. E. Smith            Weeks                  Whipper

Total--24

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\21226SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-50 of the 1976 Code as contained in SECTION 2 and inserting:
/   Section 48-38-50.   (A)   The department, after notice and opportunity to affected parties for comment, and using the procedures and criteria for permit issuance set forth in this chapter, shall issue permits for the activities in isolated wetlands regulated under this chapter.

(B)   A general permit will be issued for discharges into wetlands for activities impacting acreages no greater than one acre. Upon filing a Notice of Intent with the department, coverage under the general permit will be determined in accordance with the procedures in Section I, Scope of Review, below. The department will review any Notice of Intent for coverage under this general permit within thirty business days.

(C)   The content of the application for permits for activities in wetlands not covered in (B) or (C) above is specified below. Upon receipt of an application, the department may require additional information to make the application complete. As a minimum the application must contain the following information:

(1)   the name, address, phone numbers, principal place of business of the applicant; the name, address, and phone number of the property owner, if different from the applicant; and, if applicable, the name, address and phone number of the agent for the applicant;

(2)   a complete description of the proposed permitted activity, including the location, affected water body, purpose, and intent of the project; maps, drawings, and plans sufficient for review purposes (detailed engineering plans are not required);

(3)   a description of all proposed activities reasonably associated with the proposed permitted project either directly or indirectly, including planned or proposed future development that relate to water quality considerations;


Printed Page 3011 . . . . . Tuesday, April 27, 2004

(4)   a description of the composition, source, and quantity of any material to be dredged or used as fill and a description of the area to be impacted, including the area of fill in acres and a wetlands delineation or approximation, as appropriate;

(5)   the method of dredging or filling and specific plans for disposal and control of dredge spoils;

(6)   the names and addresses of adjacent property owners.

(D)   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.

(E)   Except as provided in this section, the department shall provide public notice of the receipt of a complete application for an individual permit. Public notice of the application shall be by each of the following methods:

(1)   by the department mailing a copy of the Notice of Application to:

(a)   the applicant;

(b)   any agency with jurisdiction over or interest in the activity or disposal site;

(c)   owners or residents of property adjoining the area of the proposed activity as identified in the application;

(d)   newspapers of local and statewide interest in the area;

(e)   any adjacent state agency of North Carolina or Georgia with jurisdiction over or interest in common waters affected by the proposed activity;

(f)   anyone who has specifically requested copies of public notices. The list of such persons will be updated periodically and persons deleted who fail to respond to normal department requests to identify continued interest. Nongovernmental interests out-of-state may be charged an annual fee of twenty-five dollars for notices;

(2)   by publication by the applicant of the Notice of Application in a newspaper of local or general circulation reasonably expected to cover the area affected by the activity. Such publication by the applicant shall contain sufficient information for the reader to


Printed Page 3012 . . . . . Tuesday, April 27, 2004

understand the location, nature, and extent of the proposed activity and a contact for further information. The applicant shall provide the department with an affidavit of publication from the newspaper within FIFTEEN DAYS of publication;

(3)   by publication on the department website or equivalent publicly available electronic media, when available;

(4)   the department will coordinate with other regulatory agencies and develop joint procedures for publication of notices of applications where feasible to minimize duplication.

(F)   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 thirty days following the publication of notice concerning the application. If twenty or more residents or citizens of the affected county or counties 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.

(G)   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.

(H)   The department shall provide an explanation to an applicant for an individual permit of the basis for a proposed denial of an application.

(I)   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./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

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


Printed Page 3013 . . . . . Tuesday, April 27, 2004

Rep. J. E. SMITH proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\21228SD04), which was tabled:
Amend the bill, as and if amended, by striking Section 48-38-70 of the 1976 Code as contained in SECTION 2 and inserting:
/   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 sedimentation basins on a construction site that does not include placement of fill material into waters of the State;

(5)   activities for the purpose of construction or maintenance of farm roads, forest roads, temporary roads for moving mining equipment, 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)   mining activities 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;

(7)   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


Printed Page 3014 . . . . . Tuesday, April 27, 2004

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;

(8)   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;

(9)   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;

(10)   construction of bulkheads or other structures for the sole purpose of preventing bank erosion or collapse provided no fill is necessary;

(11)   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;

(12)   fill required for remediation of any hazardous waste site, whether pursuant to RCRA, CERCLA, or the state's solid or hazardous waste statutes;

(13)   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.

(B)   Any activity above which has the purpose of bringing an isolated wetlands into a use for which it was not previously subject and if it will impair the flow or circulation of the wetland or reduce the reach of the wetland, that activity is not eligible for the exemption but is subject to the permitting process of this act./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 53; Nays 24


Printed Page 3015 . . . . . Tuesday, April 27, 2004

Those who voted in the affirmative are:
Anthony                Bailey                 Barfield
Bingham                Cato                   Clark
Clemmons               Cooper                 Davenport
Duncan                 Edge                   Freeman
Frye                   Hamilton               Harrell
Harrison               Hinson                 Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Mahaffey               Martin
Merrill                Neilson                Ott
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Rice                   Rutherford             Sandifer
Scarborough            Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Stille                 Talley
Townsend               Trotter                Umphlett
White                  Whitmire               Wilkins
Witherspoon            Young

Total--53

Those who voted in the negative are:

Branham                Breeland               Ceips
Clyburn                Gilham                 Harvin
Herbkersman            J. Hines               Hosey
Jennings               Keegan                 Kennedy
Limehouse              Lloyd                  Lucas
Mack                   McCraw                 McLeod
Miller                 J. H. Neal             J. E. Smith
Thompson               Weeks                  Whipper

Total--24

So, the amendment was tabled.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, cloture having been ordered.


Printed Page 3016 . . . . . Tuesday, April 27, 2004

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5157 (Word version) -- Reps. J. Brown, M. Hines, Clyburn, Breeland, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, 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, 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 CLASS OF 1954 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.

H. 5158 (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,


Printed Page 3017 . . . . . Tuesday, April 27, 2004

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 HONOR AND RECOGNIZE RON SMITH OF SUMTER COUNTY FOR HIS TWENTY-ONE YEARS OF SERVICE AS DIRECTOR OF THE SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES AND PRAISE HIM FOR HIS CONTINUED DEDICATION.

ADJOURNMENT

At 6:20 p.m. the House, in accordance with the motion of Rep. BALES, adjourned in memory of Margaret Suber, to meet at 10:00 a.m. tomorrow.

***

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