Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Job 22:21: "Submit to God and be at peace with him."
Let us pray. Alpha and Omega, Yahweh, the Great I Am, put Your name upon us and bless us. Challenge and excite us to do the work assigned us. Raise us above impatience and pride. Lift us out of self-pity and conceit to generous, outgoing service. Look in favor upon our Nation, President, State and her leaders. Bless and keep our defenders of freedom in Your safe embrace. O Lord, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Bobby Pullum of Camden, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE
S. 47 (Word version) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Referred to Committee on Judiciary
S. 100 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS Of SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280 SO AS TO PROVIDE DIFFERENT SALARY SUPPLEMENTS FOR TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, PROVIDE FOR LOANS TO TEACHERS FOR THE NATIONAL BOARD CERTIFICATION APPLICATION FEE,
S. 114 (Word version) -- Senators Ritchie, Richardson and Fair: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION; BY ADDING SECTION 59-18-705 SO AS TO CREATE THE SOUTH CAROLINA SCIENCE COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO REPEAL SECTION 59-31-45, RELATING TO THE SELECTION OF TEXTBOOKS.
Referred to Committee on Education and Public Works
S. 128 (Word version) -- Senators Malloy, Knotts, Elliott, Richardson and Ford: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, SO AS TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.
Referred to Committee on Ways and Means
S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A
S. 415 (Word version) -- Senators Fair, Thomas, Verdin, Campsen, Grooms and Bryant: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A PALMETTO FELLOWS SCHOLARSHIP IS AVAILABLE TO AN ELIGIBLE RESIDENT STUDENT WHO ATTENDS OR WILL ATTEND A PUBLIC OR INDEPENDENT INSTITUTION, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Education and Public Works
S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Referred to Committee on Education and Public Works
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer
Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Wednesday, April 27.
Tracy Edge Ronald Townsend Lonnie Hosey William Bowers Denny Neilson G. Murrell Smith Harry Ott Doug Smith Marty Coates Ralph Davenport Jerry Govan Jackson "Seth" Whipper Bessie Moody-Lawrence Todd Rutherford Thad Viers
Announcement was made that Dr. Jim C. Chow of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member 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
Bill Number: H. 3714 (Word version)
Date: ADD:
04/27/05 FUNDERBURK
Bill Number: H. 3827 (Word version)
Date: ADD:
04/27/05 MILLER
Bill Number: H. 3883 (Word version)
Date: ADD:
04/27/05 THOMPSON
Bill Number: H. 3588 (Word version)
Date: ADD:
04/27/05 CLEMMONS
Bill Number: H. 3829 (Word version)
Date: ADD:
04/27/05 CLEMMONS
Bill Number: H. 3613 (Word version)
Date: ADD:
04/27/05 CLEMMONS
Bill Number: H. 3984 (Word version)
Date: ADD:
04/27/05 UMPHLETT
Bill Number: H. 3622 (Word version)
Date: ADD:
04/27/05 UMPHLETT
Bill Number: H. 3613 (Word version)
Date: ADD:
04/27/05 DUNCAN
Bill Number: H. 3604 (Word version)
Date: ADD:
04/27/05 SIMRILL
Bill Number: H. 3227 (Word version)
Date: ADD:
04/27/05 BOWERS
Bill Number: H. 3227 (Word version)
Date: ADD:
04/27/05 WHIPPER
Bill Number: H. 3984 (Word version)
Date: ADD:
04/27/05 HAMILTON
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 764 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO
H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
Rep. LITTLEJOHN explained the Bill.
H. 3963 (Word version) -- Reps. Bowers and R. Brown: A BILL TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.
H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Rep. HUGGINS explained the Bill.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
H. 3318 (Word version) -- Reps. Young, Chellis, Bailey and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT CONTINUING EDUCATION COURSES TAKEN OUT OF STATE BY A COSMETOLOGIST LICENSED IN THIS STATE MUST COUNT TOWARD THE COSMETOLOGIST'S ANNUAL SOUTH CAROLINA CONTINUING EDUCATION REQUIREMENTS IN A MANNER PROVIDED BY THE BOARD.
H. 3513 (Word version) -- Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J. M. Neal, M. A. Pitts, G. R. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS
H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING
H. 3674 (Word version) -- Reps. Bingham and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.
H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND
H. 3742 (Word version) -- Reps. Harrell, Toole, Haley, Ballentine, Miller, Cobb-Hunter, Ott, J. H. Neal, Anthony, Phillips, Coleman, Battle, E. H. Pitts, Merrill, Hinson, Huggins, Frye, Clark, Duncan, Bingham, Thompson, Ceips, Mahaffey and Chellis: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENT VENDOR PREFERENCE FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REPLACE THIS PREFERENCE WITH A BEST-VALUE ANALYSIS OF BIDS FOR THE PURPOSE OF PROMOTING PRODUCTS MADE, MANUFACTURED, AND GROWN IN SOUTH CAROLINA AND FOR THE PURPOSE OF PROMOTING SERVICES PROVIDED BY WORKERS RESIDING IN THIS STATE AND END-PRODUCTS AVAILABLE FROM RESIDENT VENDORS.
H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: 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 AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX
H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole, Witherspoon, Mahaffey, Talley, Neilson and Bales: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
H. 3305 (Word version) -- Reps. J. E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J. H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
H. 3725 (Word version) -- Reps. Hinson, Merrill, Altman, Clyburn, Dantzler, Huggins, Scarborough and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.
H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF
H. 3621 (Word version) -- Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON
H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
H. 3650 (Word version) -- Reps. W. D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
H. 3222 (Word version) -- Reps. Leach, Hinson, Cobb-Hunter, E. H. Pitts, Ceips and Mahaffey: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX-HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
The following Bill was taken up:
H. 3613 (Word version) -- Reps. Kirsh, Sandifer, Clemmons and Duncan: A BILL TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON'S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7438AHB05), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 15-3-1020, page 2, beginning on line 9, and inserting:
/ Section 15-3-1020. (A) A manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities of a food or nonalcoholic beverage intended for human consumption is not subject to civil liability in an action brought by a party on or after the effective date of this article or in an action pending on the effective date of this article based on a person's purchase or consumption of food or nonalcoholic beverages in a case when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term purchase or consumption of food or nonalcoholic beverages.
(B) In an action to dismiss one or more claims pursuant to the provisions of this article, all discovery and other proceedings are stayed while a motion to dismiss is pending.
(C) The provisions of this section apply only when a manufacturer, packer, distributor, carrier, holder, seller, or marketer of a food, as defined in Section 201(f) of the federal Food and Cosmetic Act, establishes it has complied with the content and nutrition labeling disclosure provisions of 21 C.F.R. Section 101.1 through 101.108, with the FDA Nutrition Labeling Manual (1988 Edition), and with the Good Manufacturing Practice in Manufacturing, Packaging and Holding Human Food, 21 C.F.R. Section 101.110, et seq., so that a consumer has ready access to this information and may be informed about the content and nutritional value of the food prior to consumption.
(D) A retail establishment that serves food and nonalcoholic beverages complies with the provisions of this section by making information available upon request to the consumer." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3405 (Word version) -- Reps. Mahaffey, J. Brown, Howard, Hosey, Kennedy, M. Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Jefferson, Jennings, Leach, J. M. Neal, Owens, M. A. Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon, Young and Miller: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PRACTICE OF PODIATRY".
Reps. SANDIFER, SIMRILL, MOODY-LAWRENCE, J. E. SMITH, WHITMIRE, WEEKS, COTTY, THOMPSON, CHELLIS, JEFFERSON, J. BROWN, MAHAFFEY, J. R. SMITH, HALEY, KIRSH, NORMAN, TAYLOR, BRADY and CLYBURN requested debate on the Bill.
The following Bill was taken up:
H. 3773 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Rep. LITTLEJOHN explained the Bill.
Reps. WALKER, LOFTIS, HAGOOD, G. R. SMITH, MERRILL, HINSON, HOSEY and MAHAFFEY requested debate on the Bill.
The following Bill was taken up:
H. 3840 (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 COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20423SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-200. As used in this article:
(1) 'communications service provider' means:
(a) a telephone utility as defined in Section 58-9-10(6);
(b) a government-owned telecommunications service provider as defined in Section 58-9-2610(1);
(c) a telephone cooperative as defined in Section 33-46-20(4);
(d) a person or entity providing telephone, voice over internet protocol, similar voice service, or any other voice replacement service, data service, video service or any other information service; or
(e) an entity using or allowing another entity to use its cable, wires, fiber, or any material, facilities or equipment that have the ability to carry voice, data, video or any other information transmissions.
'Communications service provider' does not mean a radio common carrier as defined in Section 58-11-10(f).
(2) 'communications service' means:
(a) telephone service;
(b) voice over internet protocol, similar voice, or voice replacement service;
(c) data service;
(d) video service; or
(e) any other information transmission service."
SECTION 2. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-295. (A) No communications service provider or a parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with a person or entity that:
(1) requires a person or entity to restrict or limit the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise deny or restrict access to the real property by any other communications 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 restricting or limiting the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise denying or restricting access to the real property by any other communications service provider.
(B) Nothing in this section prohibits a communications service provider and a user or prospective user of communications service from entering into a lawful agreement with respect to the user or prospective user's own communications service.
(C) All contracts, agreements, or arrangements in violation of subsection (A) made on or after the effective date of this section are void and unenforceable.
(D) A communications service provider who violates the provisions of this section is subject to a monetary penalty as provided in Section 58-9-1610. Each day that a contract, agreement, or arrangement prohibited by this section remains in force or effect shall constitute a separate violation as provided in Section 58-9-1620."
SECTION 3. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-297. (A) No other provider of communications service, including without limitation a carrier of last resort as defined in section 58-9-10(10), shall be obligated to provide any communications service to the occupants of the property described herein if an owner or developer of any multi-tenant business or residential property, including without limitation apartments, condominiums, subdivisions, office buildings, or office parks either:
(1) permits only one provider of communications service to install its facilities or equipment during the construction phase of the property;
(2) accepts or agrees to accept incentives or rewards from a provider of communications service to the owner, developer, or occupants of the property that are contingent upon the provision of communications service by that provider to the exclusion of other providers of communications service;
(3) collects from the occupants of the property charges for the provision of communications service to the occupants in any manner, including without limitation through rent, fees, or dues; or
(4) enters into an agreement with a communications service provider that is in violation of Section 58-9-295.
(B) If any provider of communications services is relieved of an obligation to provide communications service to occupants of property pursuant to subsection (A), the provider may voluntarily provide communications services to the occupants of that property, and the public service commission must not impose any requirements related to the terms, conditions, rates, or availability of this service.
SECTION 4. If, as result of federal law, a finding of a federal administrative agency, or a decision of a federal or state court of competent jurisdiction, this act is deemed to be inapplicable to any person, entity, or class of provider that otherwise meets the definition of a communication service provider in Section 58-9-200, this section
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 11721AC05), which was adopted:
Section 41-14-10. This chapter may be cited as the 'Boiler Safety Act' and, except as otherwise provided in this chapter, applies to all boilers.
Section 41-14-20. For the purposes of this chapter:
(1) 'API-ASME' means the American Petroleum Institute-American Society of Mechanical Engineers.
(2) 'ASME' means the American Society of Mechanical Engineers.
(3) 'Board' means the Contractors' Licensing Board.
(4) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term 'boiler' includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined to include any of the following terms:
(a) 'heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or
(b) 'high pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or
(c) 'power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
(5) 'Department' means the Department of Labor, Licensing and Regulation.
(6) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(7) 'Owner' means the person or persons who own or operate any business operating a boiler required to be registered under this chapter.
Section 41-14-30. (A)(1) The department shall promulgate regulations for the safe installation and inspection of boilers in this State.
(2) All new installations shall conform to generally accepted nationwide engineering standards. Conformity with the most recent edition of the Boiler and Pressure Vessel Code or the ASME Code shall be accepted as conformity with generally accepted nationwide engineering standards.
(3) The department shall promulgate regulations for installation and inspection of boilers which were in use in this State prior to the implementation of the statewide building code. The regulations must be based upon, and at all times follow, generally accepted nationwide engineering standards and practices and may adopt applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
(B) The regulations and any subsequent regulations promulgated by the department must be adopted pursuant to the Administrative Procedures Act.
Section 41-14-40. (A) Any new boiler installed and operated in this State, unless otherwise exempted, must be designed and constructed in accordance with the ASME Code or a nationally recognized code of construction. Any new boiler installed in this State must be marked in accordance with the code of construction and must be registered with the National Board of Boiler and Pressure Vessel Inspectors. Copies of registration documents must be provided to the jurisdiction when requested.
(B) Only a boiler that conforms to the regulations of the department governing installation must be installed and operated in this State after twelve months from the date upon which the first regulations under this chapter pertaining to installation have become effective; however, the department may issue a special installation and operating permit for a boiler that is of special design or construction and that is not inconsistent with the spirit and safety objectives of the regulations. The department shall issue a special installation and operating permit after determining on the record and after an opportunity for inspection of the boiler or the plans for the boiler that the proponent of the special permit has demonstrated by a preponderance of the evidence that the special design or construction will provide an equivalent degree of safety to that of conformance with the regulations. The department shall accept comments from any interested party concerning the application for a special installation and
Section 41-14-50. (A) The maximum allowable working pressure of a boiler carrying the ASME Code symbol must be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the department, the boiler may be re-rated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code.
(B) The maximum allowable working pressure of a boiler which does not carry the ASME or the API-ASME Code symbol must be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
(C) This chapter must not be construed to prevent the use, the sale, or the reinstallation of a boiler referred to in this section if the boiler has been made to conform to the regulations of the department governing existing installations and has not been found upon inspection to be in an unsafe condition.
Section 41-14-60. (A) This chapter does not apply to:
(1) boilers under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193;
(2) hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: heat input of 200,000 BTU per hour; water temperature of 210 degrees Fahrenheit; nominal water-containing capacity of 120 gallons;
(3) boilers in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of non-code construction or which involve destruction or reduced life expectancy of those vessels;
(4) boilers operated and maintained for the production and generation of electricity so long as a timely inspection report is filed pursuant to Section 41-14-120;
(5) boilers operated and maintained as part of a manufacturing process so long as a timely inspection report is filed pursuant to Section 41-14-120;
(6) boilers that are subject to OSHA standards of compliance so long as a timely inspection report is filed pursuant to Section 41-14-120;
(7) boilers operated and maintained by a public utility or the Public Service Authority including, but not limited to, boilers operated and maintained for the production of electricity.
(B) The following boilers are exempt from the requirements of Sections 41-14-120 and 41-14-130:
(1) boilers that are located on farms and used solely for agricultural or horticultural purposes.
(2) heating boilers that are located in private residences or in apartment houses of less than six family units.
(C) All pressure vessels are exempt from regulation under this chapter.
Section 41-14-70. (A) The director shall appoint a chief boiler administrator who has passed the same type of examination prescribed in Section 41-14-90.
(B) The director must be charged, directed, and empowered to:
(1) take action necessary for the enforcement of the laws and regulations of this State regulating the use of boilers;
(2) keep a complete record of the name of each boiler owner or user and his or her location, the type, dimensions, maximum allowable working pressure, age, and the last record inspection of all boilers; and
(3) publish and make available, upon request, copies of the department regulations.
Section 41-14-80. (A) The director shall promulgate regulations for the certification of special inspectors. Before receiving his certificate of competency, each inspector shall satisfactorily pass the examination provided for in Section 41-14-90 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers from a state that has a standard of examination substantially equal to that of this State or possess a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors.
(B) The expenses or salary of special inspectors must not be paid by the State.
(C) The special inspectors may inspect all boilers insured or operated by their respective companies.
Section 41-14-90. The examination for chief boiler administrator or special inspectors must be in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors.
Section 41-14-100. The board shall discipline certified inspectors in the manner authorized by Title 40, Chapter 1. The Department of
Section 41-14-110. If a certificate of competency is lost or destroyed, a duplicate certificate of competency must be issued without further examination.
Section 41-14-120. (A) Owners and operators of all boilers must file with the department evidence of timely inspection as provided in this section. Evidence of timely inspection may be in the form of a certification of insurance, which contains evidence that the boiler was inspected and approved or it may be an inspection report from a certified special inspector.
(B) The director or the chief boiler administrator shall give twenty-four hours' notice to enter any premises in the State where a boiler is being installed or repaired for the purpose of ascertaining whether the boiler is being installed or repaired in accordance with the provisions of this chapter.
(C)(1) After December 31, 2005, each boiler used, or proposed to be used in this State must be thoroughly inspected as to their installation and condition as follows:
(a) Annually, a certificate inspection must be conducted on power boilers and high pressure, high temperature water boilers and this inspection must be an internal inspection; however, if it is not possible to perform an internal inspection, the inspection must be as complete an inspection as possible. The boilers must also be externally inspected while under pressure, if possible.
(b) Biennially a certificate inspection must be conducted on low pressure steam or vapor heating boilers and an internal inspection must be conducted every four years where installation permits.
(c) Biennially a certificate inspection must be conducted on hot water heating and hot water supply boilers and an internal inspection must be conducted at the discretion of the inspector.
(2) A grace period of two months beyond the periods specified in items (a) and (b) of subsection (B)(1) may elapse between certificate inspections.
(3) The department may provide for longer periods between certificate inspection in its regulations.
(4) Pursuant to this chapter, the department has jurisdiction over the interpretation and application of the inspection requirements as provided for in regulations of the board. The person conducting the inspection during installation or repair shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment must be in accordance with generally accepted practice and compatible with the actual service conditions, which must include all of the following:
(a) previous experience, based on records of inspection, performance, and maintenance;
(b) quality of inspection and operating personnel;
(c) provisions for related safe operation controls;
(d) interrelation with other operations.
(5) The department may permit variations in the inspection requirements based upon documentation of the actual service conditions by the owner or user of the operating equipment.
(C) The inspections required in this chapter must be made by a special inspector provided for in this chapter.
(D) If the inspector determines that a hydrostatic test is necessary, it must be made by the owner or user of the boiler.
Section 41-14-130. (A) If a report filed pursuant to this section shows that a boiler fails to comply with the regulations of the department, the department may issue a written order directing that the deficiencies be corrected and setting a date for correction.
(B) The department may issue a written order for the temporary cessation or operation of a boiler because of faulty installation or incorrect repair if the boiler has been determined after inspection to be hazardous or unsafe. Operations must not resume until the conditions are corrected to the satisfaction of the director or his designee.
Section 41-14-140. (A) Any person or entity that fails to comply with the provisions of this chapter or the regulations promulgated pursuant to this chapter may be assessed a civil penalty of not more than five thousand dollars for each violation. When considering the assessment of penalties, consideration must be given to the good faith actions of and the history of prior violations by the person or entity as well as any other relevant circumstances.
(B) Any person or entity that fails to timely comply after written notice by the department of a violation is subject to a penalty of up to one hundred dollars per day for such non-compliance.
Section 41-14-150. A fee not to exceed fifty dollars per facility or per certificate filed with the department in the format prescribed by
"(o) Boiler installation which includes those who are qualified to install, repair, and service boilers and boiler piping including the boiler auxiliary equipment, controls, and actuated machinery and dryer rolls. To qualify for this subclassification, a person must pass a technical examination administered by the board or must be the holder of the American Society of Mechanical Engineers (ASME) 'S' ASME "R" stamp or hold the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) 'R' stamp and meet the requirements for licensure according to this chapter the ASME "pp" stamp. Anyone holding the masonry or process piping classification as of January 1, 1998, and who has been actively engaged in boiler installation work under these classifications is qualified for this subclassification and exempt from the examination requirement of this subitem."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 11711AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/ SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-10-05. Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to fire sprinkler systems regulated or administered, or both, by the South Carolina Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-10-10. The Fire Protection Sprinkler Systems Act must be administered by the South Carolina Contractors' Licensing Board which, in its authority over the fire sprinkler industry, shall protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Chapter 1 of Title 40. The purpose of this act is to assure the people of South Carolina that fire protection sprinkler systems are being installed and maintained by individuals or fire sprinkler contractors that are properly licensed and qualified to
Section 40-10-20. For purposes of this chapter:
(1) 'Bid' means an offer to furnish labor, equipment, or materials or other services regulated by this chapter.
(2) 'Board' means the South Carolina Contractor's Licensing Board.
(3) 'Certification' means an individual who is registered with the department and who has been issued a certificate as a qualifying party for a fire sprinkler contractor.
(4) 'Contractor' means an individual or entity licensed to engage in the planning, sale, installation, repair, alteration, addition, maintenance, or inspection of fire sprinkler systems.
(5) 'Department' means the South Carolina Department of Labor, Licensing and Regulation.
(6) 'Entity' means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board.
(7) 'Fire sprinkler contractor' means an entity or individual approved by the board to engage in the planning, sale, installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water spray systems, but does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.
(8) 'Fire sprinkler system' means a system of overhead or underground piping, or both, to protect the interior or exterior of a building or structure from fire where the primary extinguishing agent is water and designed in accordance with fire protection engineering standards. The system includes the overhead and underground fire water mains, fire hydrants and hydrant mains, standpipes, and hose connection to sprinkler systems, supplied from a reliable, constant, and sufficient water supply, such as a gravity tank, fire pump, reservoir, or pressure tank, or connection by underground piping to a city main but does not include dual or multi-purpose water lines supplying fire systems or equipment, potable water, or process water, or both. The system is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat
(9) 'Grandfather qualifying party' means an individual who qualified for certification to become a primary qualifying party for a fire protection sprinkler contractor before September 1, 1985, and who has not met the NICET Level III or IV Technician Certification requirement in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' to qualify a fire sprinkler contractor as a primary qualifying party.
(10) 'Individual' means a natural person, male or female.
(11) 'Licensee' means a fire sprinkler contractor who has been issued a license by the department to engage in fire sprinkler system work.
(12) 'Misconduct' means grounds for revocation, suspension, or other discipline of a licensee for violation of this chapter or a satisfactory showing that a licensee has had a license or other authorization to practice in a construction-related field denied, canceled, revoked, or suspended or disciplined in another state or federal jurisdiction.
(13) 'NFPA' means the National Fire Protection Association.
(14) 'NICET' means the National Institute for Certification in Engineering Technologies.
(15) 'Permit' means a written document or certification from an authority or municipal jurisdiction to allow any entity or individual to engage in contracting within their area of authority or jurisdiction.
(16) 'Primary qualifying party' means a full-time employee of a fire sprinkler contractor who holds a valid NICET Level III or IV Technician Certificate in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' and who has been issued a qualifying party certificate by the board to qualify an entity as a fire sprinkler contractor. The individual has been designated by the licensee as the principle individual responsible for directing or reviewing of fire sprinkler contractor work.
(17) 'Qualifying party' means an individual who has received a NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" and who is an employee of a fire sprinkler contractor who has been issued a qualifying party certificate.
(18) 'Revocation' means the cancellation or withdrawal of a license or certification or other authorization issued by the board either permanently or for a period specified by the board. An individual whose license or certification or other authorization has been permanently revoked by the board shall never again be eligible for a license or certification from the board.
(19) 'Total cost of construction' means the actual cost incurred by the owner, all contractors, subcontractors, and other parties for labor, material, equipment, profit, and incidental expenses for the entire project. This does not include the cost of design services unless those services are included in a construction contract.
Section 40-10-40. (A) A fire sprinkler contractor may not engage in fire sprinkler system work unless the entity has in its employment a primary qualifying party who meets the requirements of this chapter and has been designated by the licensee as the principle individual responsible for directing or reviewing fire sprinkler contractor work.
(B) Upon meeting all requirements of this chapter, the qualifying party may be issued a qualifying party certificate and may qualify a fire sprinkler contractor to engage in fire sprinkler system work as the primary qualifying party. The primary qualifying party, along with the licensee, may be held responsible by the board for improper work or violations of this chapter. The degree of responsibility upon the primary qualifying party may be based upon his participation in the work or violation.
(C) To become a primary qualifying party, an individual must:
(1) meet all requirements of subsections (A) and (B);
(2) submit an affidavit verifying full-time employment in a responsible management position by the entity for whom the applicant will be the primary qualifying party;
(3) not take other employment that would diminish the ability to adequately supervise work performed by the licensee's employees or subcontractors; any employment conflict interpretations with this requirement must be determined by a majority vote of the board;
(4) perform his supervisory work duties from the office location in which the individual is listed as the primary qualifying party; and
(5) submit a notarized copy of his current NICET Level III or IV Technician Certification, in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' along with two
(D) If the primary qualifying party ceases to perform his duties, the licensee and the qualifying party must notify the department within fifteen days of the primary qualifying party's termination of employment. If the department is not notified within fifteen days, the department shall immediately cancel the license. If the licensee properly notifies the department within the prescribed timeframe, the license remains in good standing for six months from the date of the departure of the primary qualifying party. If a primary qualifying party is not replaced within the six-month period, the department shall immediately cancel the license. If the fire sprinkler contractor has another qualifying party in their employment that is listed with the department, that individual may be listed as the primary qualifying party.
(E) A qualifying party may transfer his certification to another fire sprinkler contractor when he becomes a new employee for that licensee. The new employer must send written notification of the new employment to the department within fifteen days of employment.
(F) No primary qualifying party for a licensed fire sprinkler contractor may serve as a primary qualifying party for another fire sprinkler contractor or as the primary qualifying party for any other main or branch office while serving as the primary qualifying party for the licensee.
(G) Any qualifying party that is listed as a qualifying party for a fire sprinkler contractor must keep his NICET Level III or IV Technician Certification current in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout'. (H) A fire sprinkler contractor may have an unlimited number of qualifying parties listed with the department under the licensee's license.
(I) If a qualifying party loses his NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout', the licensee or the qualifying party must report the loss to the department within 15 days. The notice requirements of subsection (D) apply.
Section 40-10-41. (A) A person, firm, association, partnership, corporation, or other legal entity desiring to engage in work as a fire sprinkler contractor within this State shall submit an application to the department. The owner, partners, or president, the primary qualifying party, and all other qualifying parties must sign the application stating that the information contained in the application is true.
(B) To qualify for a license, the applicant shall:
(1) submit a completed application on a form approved by the department;
(2) satisfy the requirements of this chapter; and
(3) employ a primary qualifying party holding a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout';
(4) submit an affidavit stating that the applicant's proposed primary qualifying party is a full-time employee in a responsible management or supervisory position who has a current NICET Level III or IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' or submit a notarized copy of the applicant's primary qualifying party's NICET Level III or IV Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' along with a government issued ID card containing his photograph and a copy of his driver's license, if applicable; and
(5) submit all fees.
(C) Each fire sprinkler contractor main office or branch office must be separately licensed and have a primary qualifying party assigned exclusively to that location. The name of the branch office must be the same name that appears on the licensee's license.
(D) No license or certificate may be assigned to another individual or entity or branch office.
(E) Any change that varies from the applicant's original application must be reported to the department within fifteen days from the date of the change.
(F) All licenses may be on a biennial or other basis upon board approval.
Section 40-10-42. (A) Each licensee shall apply to the department for license renewal before the license expiration date on a form prepared by the department. Renewal applications not postmarked by the expiration date result in a lapse license cancellation. An entity that fails to renew and continues to engage in fire sprinkler work is practicing without a license and subject to the penalties prescribed in this chapter.
(B) A license not renewed after ninety days from the expiration date cannot be considered for renewal. An initial application form and fees and late renewal penalty must be submitted to obtain a new license. The licensee shall submit documentation of a current
(C) Any change that varies from the license's renewal application must be reported to the department within fifteen days from the date of the change.
Section 40-10-43. (A) It is unlawful to engage in fire sprinkler work under a name other than the exact name that appears on the license issued pursuant to this chapter. 'Engaging in fire sprinkler work' includes marketing, advertising, using site signs, submitting contracts, and performing work. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.
(B) A licensed fire sprinkler contractor may be a subcontractor to another licensed fire sprinkler contractor who has the contract with a client to engage in fire sprinkler work.
(C) A licensed fire sprinkler contractor who has the contract for fire sprinkler work may subcontract water line installation to a licensed water and sewer lines contractor when the waterline work is outside a structure and is included in the fire sprinkler system.
(D) A licensed fire sprinkler contractor may subcontract fire sprinkler work regulated under this chapter to another licensed fire sprinkler contractor and must approve and be responsible for the work the subcontractor performed. Both fire sprinkler contractors may be held accountable by the board for improper work. A fire sprinkler contractor may not bid or perform any general or mechanical work that requires licensure.
(E) A fire sprinkler contractor may submit a bid for a project which includes fire/burglar alarm work if fifty percent or more of the work to be performed is fire sprinkler work. The fire/burglar alarm work must be subcontracted to a licensed fire/burglar alarm contractor. The fire sprinkler contractor is responsible for the work performed by the fire/burglar alarm contractor. Both licensees may be held accountable by the board for improper work. The determination of the cost of the work involved on a project must be determined by the total cost of construction involved in the bid or contract or work to be performed.
Section 40-10-44. (A) An individual who was grandfathered as a primary qualifying party for a fire sprinkler contractor cannot qualify another fire sprinkler contractor if the grandfathered primary qualifying party leaves the employment of the entity in which he was the original primary qualifying party.
(B) A grandfathered primary qualifying party for a fire sprinkler contractor may change his or her organizational style of business, and the grandfathered primary qualifying party may continue to qualify the licensed fire sprinkler contractor.
Section 40-10-45. It is unlawful for a person to engage in the planning, sale, installation, repair, alteration, addition, maintenance, testing, or inspection of a fire sprinkler system, water based or wet pipe systems, or water foam systems in this State except in conformity with the provisions of this chapter.
Section 40-10-50. (A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) All fees associated with the NICET Level III or IV Technician Certification in ' Fire Protection Engineering Technology Automatic Sprinkler System Layout' or any other costs for certification are the responsibility of the fire sprinkler contractor and payable to the provider.
(C) All license fees must be submitted to the department.
(D) Initial license fees are:
(1) two hundred dollars for a fire sprinkler contractor license, which includes one qualifying party certificate; and
(2) fifty dollars for each additional qualifying party certificate.
(E) Renewal license fees are:
(1) two hundred dollars for a fire sprinkler business renewal, which includes one primary qualifying party certificate;
(2) fifty dollars for each additional qualifying party certificate;
(3) one hundred dollars for each branch office, which includes one primary qualifying party certificate; and
(4) fifty dollars for each additional qualifying party certificates.
(F) A late renewal fee is due on the day following the expiration date of the license and is:
(1) one hundred dollars for up to thirty days;
(2) one hundred fifty dollars up to sixty days;
(3) two hundred dollars for sixty-one to ninety days.
(G) If late renewal exceeds ninety days, an initial application and a two hundred dollar late renewal penalty must be submitted.
(H) If a license is lapsed for more than one year, an initial application must be submitted but no monetary penalty is assessed.
(I) The replacement fee for a lost or destroyed certificate is ten dollars;
(J) The replacement fee for a lost or destroyed license is ten dollars.
(K) A fire sprinkler contractor license expires the last day of July in the licensure cycle established by the board.
(L) A ten dollar charge may be assessed for a qualifying party to transfer his qualification certificate to another licensee.
Section 40-10-60. The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-10-70. (A) In addition to the powers and duties provided in Chapter 1, the board may:
(1) establish a time limit within which a complaint must be considered by the board;
(2) order an entity or individual found in violation of this chapter, Chapter 1, or regulations promulgated under this chapter to take remedial action;
(3) establish a procedure for receiving complaints that protects the anonymity of the person filing the complaint.
Section 40-10-80. The department shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-10-90. The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-10-100. (A) The department may refer any reports of violations of this chapter, Chapter 1, or regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an entity or individual, including unlicensed contractors, for these violations, as specified by the board. (B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(D)(1) An administrative penalty assessed pursuant to this section may not exceed five hundred dollars for a first offense.
(2) A citation issued for a second offense in a five-year period must be referred to the board for action in accordance with Section 40-10-110.
(E) An entity or individual assessed an administrative penalty may appeal to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within 30 days of receipt of the citation.
Section 40-10-110. (A) The board may impose any disciplinary action authorized by this chapter, Chapter 1, or any regulation promulgated under these chapters upon a licensee or qualifying party who is found guilty of any of the following:
(1) engaging in the fire sprinkler business without a primary qualifying party;
(2) failing or refusing to render service to a client as agreed between the parties and for which compensation has been paid or rendered in accordance with the agreement of the parties;
(3) failing to maintain the required certificate of comprehensive general liability insurance;
(4) obtaining a license or certificate by fraud or deceit or failing to disclose proper information on the license application, renewal, or qualifying party certificate application or renewal;
(5) performing substandard work or engaging in negligence, incompetence, or misconduct in the practice as a fire sprinkler contractor;
(6) abandoning a project or refusing to perform a project after submitting a contract on work without legal excuse for the abandonment or refusal;
(7) violating any provision of this chapter or a regulation promulgated under this chapter;
(8) being convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense related to fire sprinkler system work;
(9) being convicted of a felony or pleading nolo contendere to any such offense; as used in this chapter, 'felony' including any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere;
(10) aiding or abetting an entity or certificate holder to evade the provisions of this chapter by combining or conspiring with an improperly registered or licensed entity or certificate holder or allowing one's license to be used by any entity to evade the requirements of this chapter or, acting as agent, partner, or associate, of an unregistered or unlicensed entity or obtaining a building permit or permit application in the registrant's, qualifying party's, or licensee's name and listing the registrant, qualifying party, or licensee as the entity or individual that will engage or supervise any contracting work or activity when the registrant or licensee does not have a proper contract with the property owner or does not have a proper registration, license, or certificate to engage in the work or activity or performing work for an entity that is not properly licensed;
(11) failing to pay monies when due in excess of two hundred dollars for material or services rendered in connection with fire sprinkler system work without legal excuse or valid reason;
(12) hiring an entity to perform work that is not properly licensed;
(13) engaging or offering to engage in fire sprinkler system work or submitting a bid when not properly licensed or while a license is under suspension or revocation;
(14) discovering facts which if known at the time of the issuance or renewal of a license or certification would have been grounds to deny the issuance or renewal of the license or certification;
(15) failing to obtain a building permit if required by a local or state government before engaging in fire sprinkler system work;
(16) failing to take appropriate corrective action as directed by the department, hearing officer, or board to comply with the provisions of this chapter or any regulations promulgated under this chapter without valid justification within a reasonable period of time after receiving the written directive;
(17) failing to comply with an order of the board;
(18) failing to provide pertinent records and documents as requested by the department or board;
(19) failing to comply with a directive of the department or hearing officer;
(20) failing to meet the requirements for a renewal application;
(21) failing to work in accordance with plans, industry specifications, local or state building codes, or ordinances;
(22) failing to notify the department or board of the end of employment of the licensee's qualifying party within the applicable time;
(23) failing to obtain a substitute or a primary qualifying party as provided by this chapter;
(24) attempting to serve in the capacity of the primary qualifying party while serving a jail sentence;
(25) failing to notify the department of changes in information required in an original or renewal application;
(26) committing a wrongful or fraudulent act as a contractor, including the failure to pay subcontractors or suppliers after drawing payment for work or materials performed or provided by those subcontractors or suppliers;
(27) departing from an applicable building code or ordinance within the State or any of its political subdivisions;
(28) failing to maintain a business address accessible to the public;
(29) failing to properly prepare shop drawings;
(30) failing to submit shop drawings or fire sprinkler system specification sheets as required under this chapter;
(31) failing to properly test, size, or hydraulically calculate a fire sprinkler system;
(32) failing to have each branch office properly licensed;
(33) failing to have a primary qualifying party assigned to the licensee's main office or each branch office;
(34) failing to properly notify the proper authority having jurisdiction to inspect work.
(B) Disciplinary action may be taken against an entity or individual who the board determines to be responsible for violations of this chapter regardless of changes in corporate identity or federal employer identification subsequent to the violation. In determining responsibility, the board may consider, but is not limited to, an individual's:
(1) participation in management or supervision related to the violation;
(2) position as sole proprietor, partner, officer, or qualifying party.
(C) The board may, in addition to all other disciplinary actions, require a licensee, certificate holder, or other entity or individual to pay a civil penalty of up to five thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter and may
(D) All costs, penalties, and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Chapter 1 and of Chapter 56, Title 12, the 'Setoff Debt Collection Act'.
(E) A license or certificate that is cancelled by the department or revoked by the board must be returned to the department within fifteen days of notification by the department.
(F) A person whose license or certificate has been revoked is eligible for licensure no sooner than one year after the date of revocation or such other time, if ever, as ordered by the board. An applicant seeking licensure or certification after having his license or certificate revoked shall complete an application for initial licensure, meet all requirements for initial licensure or certification, and appear before the board in support of the application.
(G) The licensee may complete work in progress if the licensee's license is revoked or suspended in accordance with the following:
(1) no new work may be bid or started after revocation or suspension of a license upon proper notification by the department;
(2) unless otherwise directed by the board, the revocation, suspension, or restriction of a license or certificate becomes effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act.
(H) When a licensed contractor entity is dissolved for any reason, the department must cancel the entity's license.
(I) The board may revoke, suspend, or restrict an individual license or certification without effect to other licenses, license classifications, or certifications.
(J) It is a violation of this chapter for an entity to conduct work, submit a bid, or offer for any regulated fire sprinkler system work within this State on a project that requires licensure under this chapter if the entity is not properly licensed in accordance with this chapter.
(K) If more than one violation is committed during the course of a single project, these multiple violations must be treated as one offense.
Section 40-10-120. (A) Acts or omissions by a licensee causing the denial, revocation, suspension, or other discipline of a license, certification, or other authorization to practice in a construction related
(B) Proof of acts or omissions in another state of federal jurisdiction may be shown by the copy of the transcript of record of the disciplinary proceedings in the other state or federal jurisdiction or a copy of the final order, consent order, or similar order stating the basis for the action taken.
(C) The licensee or qualifying party may present mitigating testimony to the board regarding the disciplinary action taken in another state or federal jurisdiction or evidence that the acts or omissions committed in the other jurisdiction do not constitute misconduct in this State.
(D) Upon the filing of a complaint alleging that a licensee or qualifying party has been disciplined in another state or federal jurisdiction, the licensee or qualifying party must produce for the board copies of all transcripts, documents, and orders used, relied upon, or issued in the other jurisdiction. Failure to produce these items within ninety days of the board's request for them automatically results in the immediate temporary suspension of the entity's license or qualifying party's certificate in this State until such time as the items have been provided to the board.
(E) In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-10-130. (A) The department may refuse to issue a license or certification to an applicant who has:
(1) failed to meet the qualifications set forth in this chapter or regulations promulgated under this chapter;
(2) had a license or certification denied, suspended, revoked, or otherwise disciplined;
(3) engaged in work as a fire sprinkler contractor without a valid license as required under this chapter;
(4) submitted a bid without a valid license when one is required by law;
(5) committed an act that would be grounds for disciplinary action under this chapter;
(6) submitted false or misleading information;
(7) aided or abetted a person in the violation of a provision of this chapter or regulations promulgated under this chapter;
(8) been convicted of a crime involving unlawful breaking or entering, burglary, or larceny; or has a history of addiction to a narcotic drug; 'conviction' means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury;
(9) any outstanding monetary judgments related to being a fire sprinkler contractor; or
(10) engaged in conduct that demonstrates bad faith, dishonesty, untrustworthiness, or incompetence as a fire sprinkler contractor.
(B) A license or certificate or registration may not be issued to an applicant:
(1) for a minimum of one year after the date of revocation of a similar license or certificate issued by this State or any other state or jurisdiction;
(2) who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction; or
(3) who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state.
Section 40-10-140. A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
Section 40-10-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
Section 40-10-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-10-165. Notwithstanding any other provision of law, a person who is or has been licensed pursuant to this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing:
(1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State; and
(2) all bankruptcies that the person, or a subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also
Section 40-10-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-10-180. All costs, fees, and fines provided in this chapter, except examination fees, must be paid to and collected by the department in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-10-190. Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
Section 40-10-200. (A)(1) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
(2) The board may refer charges under this section by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
(3) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.
(B)(1) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to accept a bid, award a bid, sign or award a contract, allow an unlicensed contractor to begin work or issue or obtain any type of construction permit unless the bidder or fire sprinkler contractor has first obtained the proper license or certification as required by this chapter.
(2) Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not licensed at the time the initial bid or contract was submitted or awarded.
(C) Contracts or written agreements for fire sprinkler system work within this State that have been accepted, approved, signed, or awarded by an awarding authority, owner, or contractor may not be reconsidered or submitted to an awarding authority, owner or contractor, if the entity that was awarded the project is not licensed at the time the contract or written agreement was submitted.
(D) An entity that is not licensed as required by this chapter must immediately withdraw his bid, offer, or contract and submit his resignation from the project. The entity may not benefit from a project in which the entity is in violation. The entity cannot submit another bid or perform work as a subcontractor to a licensed contractor on any project in which the entity has been in violation or obtain a license and go back on the same project in which he was in violation. If the contractor becomes licensed, the department may waive this requirement based upon the percentage of completion of the project or if it is determined to be detrimental to public interest.
Section 40-10-210. The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-10-220. An entity that does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the exact name that appears on its fire sprinkler contractor license may not bring an action either at law or in equity to enforce the provisions of a contract.
Section 40-10-230. The provisions of this chapter do not apply to:
(1) licensed mechanical plumbing contractors holding a group four or five plumbing classification who install standpipe systems, including hose connections, hose cabinets, and related branch lines if they do not supply water to fire sprinkler systems. Under this exception for these systems, shop drawings must be submitted and approved by the State Fire Marshal's Office or his designee before installation, and the installation must comply with NFPA Standard 14;
(2) a manufacturer's factory trained and certified individual or entity performing maintenance or repair on fire pumps, fire pump control panels, and fire pump drivers; a manufacturer's factory trained and certified individual or entity shall contact the authority having jurisdiction to approve the work and witness any testing that is required by NFPA standards;
(3) licensed mechanical contractors holding a group four or five plumbing classification performing emergency repair work on a fire sprinkler system if the total cost of the labor does not exceed one thousand dollars per occurrence; the plumbing contractor shall contact the authority having jurisdiction to approve the work and witness any testing that is required by NFPA standards;
(4) persons engaged in emergency repair work of fire sprinkler systems on their own property or that of their full-time employer;
(5) an individual or entity who is certified by and has successfully passed the Department of Health and Environmental Control (DHEC) approved backflow prevention assembly training seminar and who holds a current Tester Certification Certificate to test backflow prevention assemblies. The backflow test must be conducted in accordance with applicable NFPA Standards. DHEC's certified tester assumes full responsibility and liability when testing the backflow prevention assembly; the appropriate people must be notified including, but not limited to, the fire department, fire marshal, customer/owner, building official, or insurance company, when the backflow prevention assembly is shut down for testing; if repairs to the backflow prevention assembly are necessary, any such repair must be made by a DHEC certified backflow prevention assembly tester;
(6) licensed water and sewer line contractors holding a group four or five classification limitation installing underground water mains, hydrant mains, fire pumps, and fire hydrants, or fire protection sprinkler system underground mains to a flanged outlet 1'- 0" above the finished floor in compliance with National Fire Protection Association Standard 24. The water and sewer line contractor shall use design or shop drawings approved by the State Fire Marshal's Office or his designee. Flushing and testing certificates must be delivered to the authority having jurisdiction and upon request to the performing licensed fire sprinkler contractor. General contractors in this license classification may not engage in water and sewer line work from the right-of-way to a residential structure unless the entity is a subcontractor to a licensee holding a plumbing classification;
(7) an individual who installs, repairs, trouble shoots, provides diagnostic analysis, or provides services in any manner to a backflow prevention assembly if the individual has current certification from the Department of Health and Environmental Control approved backflow assembly prevention training seminar and has completed some level of educational training or certification with backflow prevention assembly.
(8) properly licensed alarm and electrical contractors that connect to a fire sprinkler system for the purpose of monitoring the activation of the system.
Section 40-10-240. (A) Fire protection sprinkler systems must be designed and installed in accordance with the state building codes as adopted by the South Carolina Building Codes Council and the state
(C) An agency shall accept full and complete compliance with the latest edition of a nationally recognized code that it is charged by statute or regulation with enforcing, unless it has promulgated amendments to that code pursuant to state law.
Section 40-10-250. (A) A 'Fire Protection Sprinkler System Specification Sheet' must be completed for every fire protection sprinkler system, and submitted on a form approved by the State Fire Marshal's Office to the authority having jurisdiction. The completed form must contain the following information at a minimum:
(1) the available static and residual water pressure from a flow test conducted less than one year before submittal;
(2) the volume per minute of the available water flow and duration;
(3) the source of water supply;
(4) the NFPA hazard classifications and details of storage arrangement, if applicable;
(5) the occupancy use of the building, or the area to be sprinkled;
(6) the type of system to be installed;
(7) the applicable National Fire Protection Association standards to be followed for each component of the system;
(8) other state and local statutes, regulations, codes, or ordinances that must be followed;
(9) the name, address, title, and phone number of the person developing the fire sprinkler system specification sheet.
(B) The form must be completed by:
(1) a professional engineer licensed in this State bearing his professional seal and signature; or
(2) a fire sprinkler contractor licensed in this State with a qualifying party holding a NICET Level IV Technician Certification in 'Fire Protection Engineering Technology Automatic Sprinkler System Layout' if a specific statute, regulation, or ordinance does not require the services of a licensed professional engineer. The qualifying party must be the individual completing the form, and he must place his name on the lower right hand corner on the first page of the form with the words 'Qualifying Party' after his name and with his qualifying party certificate number.
(C) When applying for building permits or other required permits, the Fire Sprinkler System Specification Sheet completed in accordance with subsections (A) and (B) must be made part of the bid documents and must be submitted to the authority having jurisdiction, along with the architectural or engineering, or both, drawings and specifications. The completed Fire Sprinkler System Specification Sheet must accompany the shop drawings when they are submitted for review.
Section 40-10-260. (A) Shop drawings must be prepared for every fire sprinkler system and must meet the following requirements:
(1) shop drawings and the attached specification sheet must contain sufficient information to show compliance with the National Fire Protection Association standards required in the Fire Sprinkler Specification Sheet; and
(2) shop drawings must bear the authorized signature and license number of the fire sprinkler contractor licensed in this State who prepared the drawings;
(3) shop drawings for the exceptions listed in Section 40-10-230(1) must be submitted and approved by the State Fire Marshal's Office or his designee before installation. The installation must comply with NFPA Standard 14.
(B) Shop drawings must be reviewed in accordance with the following to determine compliance with the Fire Sprinkler Specification Sheet.
(1) If a licensed engineer prepared a Fire Sprinkler System Specification sheet for the shop drawings, the shop drawings must be submitted to that licensed engineer. After determination of compliance with the Fire Sprinkler System Specification Sheet, the shop drawings must be submitted to the State Fire Marshal's Office or to his designee for further review in accordance with subsection (C). In no case must the seal of a licensed professional engineer be required on shop drawings.
(2) If a licensed fire sprinkler contractor prepared a Fire Sprinkler System Specification Sheet for the shop drawings, the shop drawings must be submitted to the State Fire Marshal's Office or to his designee for review and determination of compliance with the Fire Sprinkler System Specification Sheet.
(C) In addition to compliance review required by subsection (B), shop drawings for the fire sprinkler systems must be submitted as follows:
(1) areas of the State that do not have a local authority to provide the review must be submitted to the State Fire Marshal's Office for review;
(2) the local authority having jurisdiction, the awarding authority, or the state agency having jurisdiction over the project may also require that the fire protection sprinkler system shop drawings be submitted for review of any additional requirements or may require that the shop drawings be submitted to the State Fire Marshal's Office or to his designee for review;
(3) in lieu of performing its own review of shop drawings, the State Fire Marshal's Office may accept the shop drawing review of an insurance underwriter, a licensed engineer, a local authority having jurisdiction, or his designee, if the review meets the standards established by the State Fire Marshal's Office;
(4) within thirty calendar days from the receipt of shop drawings, the State Fire Marshal's Office must publish a letter approving the shop drawings or listing the corrective action necessary for approval. This letter must be sent to the fire sprinkler contractor or licensed engineer that submitted the shop drawings. Any response regarding corrective action must be reviewed and answered within thirty calendar days of receipt by the State Fire Marshal's Office. If a letter is not issued by the State Fire Marshal's Office within this time frame approving the shop drawings or addressing the required corrections response from the fire sprinkler or licensed engineer, the plans must be deemed approved.
(D) Before a certificate of occupancy may be issued, completed certificates must be delivered to the owner of the building and to the authority having jurisdiction in accordance with the following:
(1) A Certificate of Compliance certifying that the fire sprinkler system was designed in accordance with the 'Fire Sprinkler System Specification Sheet' must be completed by the individual conducting the review pursuant to subsection (B).
(2) The licensed fire sprinkler responsible for the installation of the fire sprinkler system must complete the contractors' Material and Test Certificate for Above Ground Piping in accordance with NFPA within thirteen days; and days by the licensed fire sprinkler responsible for the installation of the fire sprinkler system; and
(3) The licensed fire sprinkler responsible for the installation of the fire sprinkler system must complete the contractors' Material and Test Certificate for Under Ground Piping in accordance with NFPA within thirteen days.
Section 40-10-270. (A) A license may not be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing the minimum coverage of one million dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured.
(B) Fire Sprinkler contractor employees are not required to obtain a certificate of comprehensive general liability insurance.
(C) A licensee shall notify the department upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance within ten days of the cancellation date. The cancellation does not affect any liability on the policy that accrued before cancellation. The license must be revoked if the licensee fails to obtain a new policy within 60 days of cancellation.
(D)(1) Upon failure of the licensee to notify the department of cancellation of his liability insurance, the license may be revoked and may not be reinstated until a proper insurance certificate has been submitted to the department for approval. If a new liability insurance policy is not obtained within sixty days of the cancellation, the person seeking licensure shall submit an initial application.
(2) The policy must be purchased from an insurer authorized to do business in this State.
(3) The South Carolina Contractors' Licensing Board must be named as the certificate holder.
Section 40-10-280. (A) Nothing in this chapter limits the power of the State or a municipality or county to regulate the quality of work performed by contractors through a system of permits, fees, and inspections that are designed to ensure compliance with, and aid in the implementations of, state and local laws for the protection of the public health and safety. Nothing in this chapter limits the power of the State or a municipality, county to adopt a system of permits requiring submission to and approval by the State or municipality, or county of plans and specifications for work to be performed by contractors before commencement of the work and requirements after the work is completed. The official authorized to issue building or other related permits or authorization to commence work must ascertain that the fire sprinkler contractor is licensed by requiring evidence of a valid fire sprinkler contractor license.
(B) Nothing in this chapter may alter or limit the State Fire Marshal's Office duties and responsibilities concerning fire sprinkler
(C) Private and public awarding entities and individuals are required to determine compliance with this chapter before awarding any contracts for fire sprinkler system work.
(D) This chapter applies to any fire sprinkler contractor performing work for the State or a municipality or county. Officials of the State or a municipality, or county are required to determine compliance with this chapter before awarding a contract for the planning, sale, installation, repair, alteration, addition, or inspection of a fire sprinkler system containing water spray or a water foam system.
Section 40-10-290. A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.
Section 40-10-300. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. Section 40-11-10 of the 1976 Code is amended to read:
"Section 40-11-10(A) There is created the South Carolina Contractor's Licensing Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide contract work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Article 1, Chapter 1.
(B) The board consists of eight nine members appointed by the Governor, six seven of whom must be licensed contractors. Of the six seven contractors, one must have as the larger part of his business the construction of highways, one must have as the larger part of his business the construction of public utilities, one must have as the larger part of his business the construction of commercial, industrial, and
(C) Members serve terms of five years and until their successors are appointed and qualify. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term."
SECTION 3. Chapter 45 of Title 23 is repealed.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3853 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\ 10804MM05), which was adopted:
/ (B) If the results of any required competency examination and investigation of the applicant's moral character are satisfactory to the commission, then the commission shall issue to the applicant a license, authorizing the applicant to act as a real estate broker, real estate salesperson, or real estate property manager in the State of South Carolina, upon the payment of a fee or completion of education requirements required by this section and this chapter. The commission must notify the applicant if the applicant has an unsatisfactory examination and investigation. The applicant has sixty days from the date of notification to respond. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HUGGINS moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 3997 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF
The following was introduced:
H. 3998 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE SERGEANT FRANK MATTHEW HART UPON BEING NAMED ROTARY CLUB OF MYRTLE BEACH OFFICER JOE McGARRY MEMORIAL POLICE OFFICER OF THE YEAR FOR 2004, AND TO COMMEND HIM FOR HIS OUTSTANDING SERVICE AS A LAW ENFORCEMENT OFFICER AND AN ASSET TO HIS COMMUNITY AND STATE.
The Resolution was adopted.
The following was introduced:
H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB THOMAS BRIDGE" IN HONOR OF ZEB THOMAS OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 4000 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND AVAILABLE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, NOVEMBER 17, 2005, AND FRIDAY, NOVEMBER
Whereas, forty-five states have successful Youth in Government programs; and
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and
Whereas, more than one thousand five hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest in the nation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth in Government program to use the House Chamber and such hearing rooms as may be available in the Blatt Building on Thursday, November 17, 2005, and Friday, November 18, 2005, to conduct a Youth in Government program; except that if the House of Representatives is meeting in statewide session or its chamber is otherwise unavailable on those dates, the House Chamber may not be used.
Be it further resolved that the use of the chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with the policies and rules of the House.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the YMCA Youth in Government, and the Sergeant at Arms of the House of Representatives.
The Resolution was adopted.
Further proceedings were interrupted by the Joint Assembly.
At 11:00 a.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
ELECTION OF BOARD OF TRUSTEES MEMBERS FOR THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3783 (Word version) -- Reps. Phillips and Wilkins: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2005, IMMEDIATELY BEFORE THE FOLK HERITAGE AWARDS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2005, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE
The PRESIDENT of the Senate recognized Rep. PHILLIPS, Chairman of the Screening Committee for the State College Boards and Universities.
AT-LARGE DISTRICT, SEAT 1
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 1. Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Claude Burns III and Dudley Saleeby, Jr. had been screened and found qualified.
Rep. PHILLIPS stated that Dudley Saleeby, Jr. had withdrawn from the race, and placed the name of the remaining candidate, Claude Burns III, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Claude Burns III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that James F. Kane had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James F. Kane was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Keith S. Smith had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Keith S. Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Robert D. Brown had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert D. Brown was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Cathy B. Harvin had been screened, found qualified, and placed her name in nomination.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Billy Alford had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Billy Alford was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 1.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Karl V. Green had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Karl V. Green was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Frederick R. Gallant had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 5.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Linda K. Edwards and Earl A. Bridges, Jr. had been screened and found qualified.
Rep. PHILLIPS stated that Earl A. Bridges, Jr. had withdrawn from the race, and placed the name of the remaining candidate, Linda K. Edwards, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Linda K. Edwards was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 6.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Maurice G. Washington had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Maurice G. Washington was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 8.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Neville O. Lorick and Thaddeus J. Bell had been screened and found qualified.
Rep. PHILLIPS stated that Thaddeus J. Bell had withdrawn from the race, and placed the name of the remaining candidate, Neville O. Lorick, in nomination.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 10.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that William C. Clinkscales and Jonathan Pinson had been screened, found qualified and placed their names in nomination.
Rep. PHILLIPS stated that William C. Clinkscales had withdrawn from the race, and placed the name of the remaining candidate, Jonathan Pinson, in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Jonathan Pinson was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for Three At-Large Seats.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Russell E. Hart, Elizabeth Thrailkill, James L. Angle and Stewart Cooner had been screened, found qualified and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Angle:
Alexander Elliott Fair Ford Grooms Hawkins Hutto Jackson Leventis Lourie McConnell Mescher Sheheen Smith, J. V. Thomas
The following named Senators voted for Cooner:
Anderson Bryant Campsen Cleary Cromer Drummond Hayes Knotts Land Leatherman Malloy Martin Matthews McGill Moore O'Dell Peeler Reese Richardson Ryberg Scott Setzler Short Verdin Williams
The following named Senators voted for Hart:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Reese Richardson Ryberg Scott Setzler Sheheen Short Smith, J. V. Thomas Verdin Williams
The following named Senators voted for Thrailkill:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Reese Richardson
Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. V. Thomas Verdin Williams
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hart:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Mack Mahaffey McCraw McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker
Weeks White Whitmire Wilkins Witherspoon
The following named Representatives voted for Thrailkill:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Frye Funderburk Hagood Haley Hardwick Harrell Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford 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 Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick
Walker Weeks White Whitmire Wilkins Witherspoon
The following named Representatives voted for Angle:
Anthony Coleman Cooper Cotty Emory Funderburk Hagood Hosey Howard Jennings Kennedy Kirsh Loftis Lucas McCraw J. M. Neal Perry Rice Rivers Rutherford Scarborough Simrill Stewart Thompson Vaughn Vick
The following named Representatives voted for Cooner:
Agnew Allen Anderson Bailey Bales Ballentine Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Dantzler Davenport Delleney Duncan Frye Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hiott Howard Jefferson Leach Limehouse Littlejohn Lucas Mack Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal Neilson Norman Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rutherford Sandifer Scarborough Scott
Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Toole Townsend Umphlett Walker Weeks White Whitmire Wilkins Witherspoon
RECAPITULATION
Total number of Senators voting 41
Total number of Representatives voting 108
Grand Total 149
Necessary to a choice 75
Of which Hart received 134
Of which Thrailkill received 148
Of which Angle received 41
Of which Cooner received 110
Whereupon, the PRESIDENT announced that Russell E. Hart, Elizabeth Thrailkill and Stewart Cooner were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, One Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that John W. Robinson and W. Wayne Sims had been screened, found qualified and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Robinson:
Anderson Elliott Ford Jackson Lourie Matthews Setzler Short Williams
The following named Senators voted for Sims:
Alexander Bryant Campsen Cleary Cromer Drummond Fair Grooms Hawkins Knotts Leatherman Leventis Malloy Martin McConnell McGill Mescher O'Dell Peeler Reese Ryberg Scott Sheheen Thomas Verdin
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Robinson:
Allen Anderson Bales Ballentine Battle Bingham Breeland J. Brown R. Brown Clyburn Cobb-Hunter Dantzler J. Hines M. Hines Hosey Howard Jefferson Jennings Kennedy Lee Mack McLeod Moody-Lawrence J. H. Neal Parks Rhoad Rivers Rutherford Scott Tripp Weeks
The following named Representatives voted for Sims:
Agnew Anthony Bailey Barfield Brady Branham Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Davenport Delleney Duncan Emory Frye Funderburk Haley Hamilton Hardwick Harrell Hayes Hinson
Hiott Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey McCraw McGee J. M. Neal Neilson Norman Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker White Whitmire Wilkins Witherspoon
RECAPITULATION
Total number of Senators voting 34
Total number of Representatives voting 99
Grand Total 133
Necessary to a choice 67
Of which Robinson received 40
Of which Sims received 93
Whereupon, the PRESIDENT announced that W. Wayne Sims was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, One Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that John B. Shennan, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John B. Shennan, Jr. was duly elected for the term prescribed by law.
AT-LARGE DISTRICT, SEAT 7
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 7.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Angela H. Bain, Tim Gause, Raghu Korrapati, and Susan J. Smith-Rex had been screened and found qualified.
Rep. PHILLIPS stated that Angela H. Bain and Tim Gause had withdrawn from the race and placed the names of the remaining two candidates in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Korrapati:
The following named Senators voted for Smith-Rex:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Peeler Reese Richardson Ritchie Ryberg Scott Short Thomas Verdin Williams
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Korrapati:
Jefferson
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon
Total number of Senators voting 33
Total number of Representatives voting 112
Grand Total 145
Necessary to a choice 73
Of which Korrapati received 1
Of which Smith-Rex received 144
Whereupon, the PRESIDENT announced that Susan J. Smith-Rex was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3826 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF
The 2005 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Alexander, Cleary, Anderson, Ritchie and Leventis and Representatives WHITMIRE, MILLER, ALLEN, ANTHONY and G.M. SMITH.
Lt. Gov. Bauer made the following opening remarks:
"Members of the General Assembly, ladies and gentlemen, it is my honor to present the Speaker of the House of Representatives, DAVID H. WILKINS to do the honor of presenting this year's Jean Laney Harris Folk Heritage Award winners.
SPEAKER WILKINS made the following remarks:
"Thank you Lt. Governor Bauer. Every year we celebrate the Jean Laney Harris Folk Heritage Awards to honor not only the prestigious recipients, but our State's diverse and rich traditions and culture. It is my honor to present this year's Folk Heritage Awards.
Our first recipient is Nancy Basket, a Cherokee Basketmaker. Ms. Basket is the descendant of Margaret Basket, a Cherokee basketmaker in Virginia in the mid 1800's. It was when she lived as an adult in Washington State that she met another Cherokee who sparked her interest in basketmaking. Nancy moved to Union County in 1989 to be closer to traditional materials such as the long leaf pine and to the Cherokee reservation in Western North Carolina. Since her move to South Carolina, Nancy has worked with numerous school groups and in many public settings to promote Native basketmaking techniques. She is ensuring the craft is passed to her children and grandchildren so this important part of our cultural legacy is not lost. Please join me in congratulating Ms. Nancy Basket.
Our second recipient is Eugenia P. Deez, a Gullah Storyteller. Born in McClellanville in 1924, Mrs. Eugenia P. Deez, or 'Sister Genia' as the locals call her, draws upon the rich heritage of Gullah culture for her storytelling. Mrs. Eugenia is an encyclopedia - a very entertaining one -of the history of the town and Gullah culture. She tells amazing stories from her own childhood and her life and passes the stories
SPEAKER WILKINS recognized Nancy Basket.
SPEAKER WILKINS recognized Eugenia P. Deas.
SPEAKER WILKINS recognized Cootie Stark.
SPEAKER WILKINS recognized Charles Summer.
SPEAKER WILKINS recognized Jack Doyle.
Lt. Gov. Bauer made the following closing remarks:
"I would like to close this ceremony today by thanking the award winners for sharing their talents with us today. Thank you all very much. The purpose for which this Joint Assembly having been completed, I hereby declare it adjourned."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:15 p.m. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson: A BILL TO AMEND SECTION 40-29-200, AS
Rep. HUGGINS explained the Bill.
The following Bill was taken up:
H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20431SD05), which was adopted:
(1) is a graduate of a school or college of veterinary medicine accredited by the American Veterinary Association or holds a certificate issued by the Education Commission of Foreign Veterinary Graduates or credentials issued by a credentialing entity approved by the board;
(2) has paid the required fee; and
(3) has provided other documents as the board may require. /
Rep. FRYE explained the amendment.
The amendment was then adopted.
Rep. HAGOOD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11755AC05), which was tabled:
Amend the bill, as and if amended, page 28 by deleting Section 40-69-190(B) and inserting:
/ (B) When formal charges are filed regarding allegations of misconduct, the formal charges and any answer shall become public thirty days after the filing of the answer or, if no answer is filed, thirty days after the expiration of the time to answer. Thereafter, all
Rep. HAGOOD explained the amendment.
Rep. DANTZLER spoke against the amendment.
Rep. DANTZLER 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 52 to 8.
Rep. HAGOOD proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11754AC05), which was tabled:
Amend the bill, as and if amended, beginning on page 18 by striking Section 40-69-10 in its entirety and inserting:
/Section 40-69-10. (A) There is created the State Board of Veterinary Medical Examiners to be composed of ten members, two of whom must be a consumer advocate members from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts. Each veterinarian and veterinary technician must be a resident of the State, licensed by the State, and currently practicing with at least five years of clinical experience. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer advocate members must be residents of the State. The terms of the members are for six years and until their successors are appointed and qualify. The chairman may only vote in the case of a tie vote by the board.
(B) The veterinarian at large, the veterinary technician, and the consumer advocate members must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election must provide for participation
(C) The Governor may remove a member of the board based on grounds provided for in Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, and the member must be given a copy of the charges at the time they are filed.
(D) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and shall take the same oath as required of other members of the board./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. DANTZLER spoke against the amendment.
Rep. DANTZLER 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 61 to 5.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6479SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 48-39-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 48-39-210. (A) The department is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the department is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by department, and the department validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement: 'The area shown on this plat
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three five years from the department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three five year time limit and where manmade alterations change the critical area line Notwithstanding any other provision of this chapter, a critical area delineation incorporated or otherwise referenced in any provision of a permit issued by the department is valid for the term of the permit."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HINSON moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Joint Resolution was taken up:
H. 3340 (Word version) -- Reps. Scott, Govan and Ott: A JOINT RESOLUTION TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING SHALL DEVELOP AN ENERGY SAVINGS PLAN WHICH OVER A FIVE-YEAR PERIOD WILL REALIZE SAVINGS FROM ENERGY MANAGEMENT IMPROVEMENTS MORE THAN THE COST OF THE FUNDS EXPENDED TO MAKE THE IMPROVEMENTS AND TO PROVIDE FOR EXEMPTIONS FROM THE ABOVE PROVISIONS FOR INSTITUTIONS WHICH HAVE ALREADY IMPLEMENTED A COMPARABLE ENERGY SAVINGS PLAN.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20420SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. (A) Each public institution of higher learning as defined in Section 53-1-5 of the 1976 Code, is authorized to develop an energy savings plan which over an average ten-year period will realize tangible savings in utilities cost (gas, electric, oil, water, and sewer) from energy management improvements more than the cost of the funds expended to make the improvements.
(B) Institutions in implementing the energy savings plan provided for in subsection (A) are encouraged to use the South Carolina Energy Office's ConserFund program and the Master Lease Plan of the State Treasurer's Office. /
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
The amendment was then adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 405 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
Rep. J. M. NEAL explained the Bill.
S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
Rep. J. M. NEAL explained the Bill.
The following Bill was taken up:
S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6502CM05), which was adopted:
Amend the bill, as and if amended, Section 56-3-5400(A), as contained in SECTION 1 by deleting / initial / on line 33, page 1,
Rep. J. M. NEAL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO
Rep. M. A. PITTS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11756AHB05):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-110. The Department of Social Services through it's currently funded existing shelter network shall provide to all victims of criminal domestic violence pursuant to the provisions of this article all domestic violence resources available to the victim. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Reps. HAYES, HOSEY, SKELTON, OWENS and ANDERSON withdrew their requests for debate on the following Bill:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE
Reps. DUNCAN, COATES, THOMPSON, G. M. SMITH, OTT, HOSEY, TALLEY, OWENS, TOOLE and PINSON withdrew their requests for debate on H. 3726 (Word version); however, other requests for debate remained on the Bill.
Reps. MOODY-LAWRENCE, SIMRILL, NORMAN and LOFTIS withdrew their requests for debate on the following Bill:
H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J. H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR
Reps. WITHERSPOON and E. H. PITTS withdrew their requests for debate on the following Bill:
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Reps. THOMPSON, LIMEHOUSE, SCARBOROUGH, LUCAS, HOSEY, PINSON, HINSON, OTT, MERRILL and CEIPS withdrew their requests for debate on the following Bill:
H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole, Umphlett and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Rep. COBB-HUNTER withdrew her request for debate on the following Bill:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO
Reps. HOSEY and J. R. SMITH withdrew their requests for debate on H. 3235 (Word version); however, other requests for debate remained on the Bill.
Reps. SKELTON, OWENS and ANDERSON withdrew their requests for debate on H. 3350 (Word version); however, other requests for debate remained on the Bill.
Reps. MILLER, KENNEDY, COATES, BATTLE, MOODY-LAWRENCE and BALES withdrew their requests for debate on H. 3489 (Word version); however, other requests for debate remained on the Bill.
Rep. SCOTT withdrew his request for debate on the following Bill:
H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole, Umphlett and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Rep. HOSEY withdrew his request for debate on the following Bill, whereupon a request for debate was raised by Rep. UMPHLETT:
H. 3773 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. M. A. PITTS asked unanimous consent to recall H. 3163 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BROWN objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE COUNTY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".
Rep. HAYES moved to adjourn debate on the Concurrent Resolution, which was agreed to.
Rep. HAYES moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 27, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Richardson, Ritchie and Lourie of the Committee of Free Conference on the part of the Senate on H. 3373:
H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., April 27, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 49:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
and asks for a Committee of Conference and has appointed Senators Hayes, Martin and Short of the Committee of Conference on the part of the Senate.
Very respectfully,
President
The following was introduced:
H. 4001 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION RECOGNIZING AND CONGRATULATING WILLIAM T. "BILL" YOUNG, JR. OF ALLENDALE FOR HIS THIRTY-TWO SUCCESSFUL YEARS OF EDUCATING, MENTORING, AND LEADING STUDENTS IN COLLETON COUNTY AS BAND DIRECTOR FOR THE BAND OF BLUE AT WALTERBORO HIGH SCHOOL AND WISHING HIM GOOD HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4002 (Word version) -- Reps. G. M. Smith, Coates, Weeks, G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE TO C. TALMADGE TOBIAS, JR., FOR HIS EXEMPLARY PUBLIC
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4003 (Word version) -- Reps. Clemmons, Barfield, Edge and Witherspoon: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 139 (Word version) -- Senators Hayes and Richardson: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER
S. 417 (Word version) -- Senator Hayes: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Referred to Committee on Judiciary
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A
S. 765 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320, RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510, RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20, RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360, RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396, RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-5-2517, RELATING TO PROHIBITED ACTS IN CONNECTION WITH A DOLPHIN OR PORPOISE; SECTION 50-11-30, RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070, RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60, RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70, RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80, RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESH-WATER GAME FISH OR COLD-WATER TROUT; SECTION 50-13-350, RELATING TO UNLAWFUL FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-980, RELATING TO PRESUMPTIONS FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; SECTION 50-13-1760, RELATING TO SALE OF WHITE PERCH AND INVOICES REQUIRED FOR IMPORTED FISH; SECTIONS 50-19-750, 50-19-760, 50-19-960, 50-19-1160, 50-19-1170, 50-19-
S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY 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.
Referred to Newberry Delegation
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-
Rep. M. A. PITTS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11756AHB05):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-110. The Department of Social Services through it's currently funded existing shelter network shall provide to all victims of criminal domestic violence pursuant to the provisions of this article all domestic violence resources available to the victim. /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS moved to table the amendment, which was agreed to.
Rep. McGEE proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2586AHB05):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-120. (A) In addition to the provisions of Section 17-15-30, the court shall consider the factors provided in subsection (B) when considering release of a person on bond who is charged with a violent offense, as defined in Section 16-1-60, when the victim of the offense is a household member, as defined in Section 16-25-20, and the person:
(1) is subject to the terms of a valid order of protection or restraining order at the time of the offense in this State or another state; or
(2) has a previous conviction involving the violation of a valid order of protection or restraining order in this State or another state.
(B) The court shall consider the following factors before release of a person on bond who is subject to the provisions of subsection (A):
(1) the person has a history of criminal domestic violence, as defined in this article, or a history of other violent offenses, as defined in Section 16-1-60;
(2) the mental health of the person;
(3) the person has a history of violating the orders of a court or other governmental agency; and
(4) the person poses a potential threat to another person." /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
Rep. KENNEDY 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.
Rep. MCGEE moved to waive Rule 5.15, which was agreed to by a division vote of 32 to 2.
Rep. JENNINGS raised the Point of Order that under Rule 5.15 waiving of the printing of the Bill was out of order since the Bill had not previously been referred to a committee.
Rep. COBB-HUNTER argued that the Point was raised too late.
SPEAKER WILKINS sustained the Point of Order and ruled that the House could not waive the printing.
The following Joint Resolution was taken up:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
Rep. WHITMIRE continued speaking.
The Bill was read second time and ordered to third reading.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
Rep. J. BROWN explained the Joint Resolution.
H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS
Rep. HARRELL explained the Bill.
The following Bill was taken up:
H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Rep. MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7450AHB05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Gambling Cruise Act". It is the intent of the General Assembly to delegate to counties and municipalities of this State the authority to prohibit or regulate the operation of gambling vessels that are engaged in voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop, but to exempt from county or municipal regulation passenger cruise liners, as defined in Section 3-11-100(5), as contained in SECTION 2 of this act, because passenger cruise liners are vessels principally engaged in destination cruises and are not vessels used primarily for the operation of gambling. Furthermore, passenger cruise liners do not burden the public health or safety of the
Section 3-11-100. For purposes of this chapter:
(1) 'Gambling vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.
(2) 'Gambling' or 'gambling device' means any game of chance and includes, but is not limited to, slot machines, punchboards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) 'Intervening stop' occurs when a vessel departs the territorial waters of this State and sails into United States or international waters, and between the time the vessel departs the territorial waters of this State and the time it returns to the territorial waters of this State, the vessel docks at a port of call in another state, possession of the United States, or foreign country.
(4) 'Destination cruise' means a cruise in which a vessel makes one or more intervening stops.
(5) 'Passenger cruise liner' means a vessel that:
(a) has a draft that is equal to or larger than the controlled depth of the intercoastal waterway as determined by the United States Army Corps of Engineers;
(b) provides separate passenger cabins, including bathroom or head facilities, in a size reasonably suitable to accommodate living and sleeping space in a ratio of at least one cabin for every four passengers;
(c) contains kitchen or galley facilities and dining facilities reasonably suitable to offer and accommodate all of the vessel's passengers at seated meals in no more than two sittings for each of the meals at breakfast, lunch, and dinner times;
(d) offers other support facilities and services including, but not limited to, exercise facilities, gift shops, medical services, and musical programs;
(e) is principally engaged in entertaining and transporting passengers on destination cruises; and
(f) is certified or authorized by the United States Coast Guard or equivalent foreign authority to carry passengers for hire upon the open ocean without navigational limitations.
(6) 'Per passenger' means the number of passengers allowed on a vessel pursuant to its United States Coast Guard certificate of documentation or equivalent foreign documentation.
Section 3-11-200. (A) Except as provided for in subsection (B), the General Assembly delegates to a county for the unincorporated areas of a county, and to a municipality for the municipality, the authority conferred to this State by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177. The authority delegated by this section includes the power to regulate or prohibit gambling aboard gambling vessels while such vessels are outside the territorial waters of the State, when such vessels embark or disembark passengers within their respective jurisdictions for voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop.
(B) The General Assembly specifically retains and does not delegate to a county or municipality the authority to regulate or prohibit gambling on passenger cruise liners, as defined in this chapter, which is conferred to this State by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177.
(C) The authority delegated to a county or municipality under subsection (A) is delegated pursuant to Chapter 9, Title 4 and Chapter 7, Title 5.
Section 3-11-210. A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-200 may assess only a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per vessel for a twenty-four hour period. Additionally, a county or municipality may obtain injunctive relief against a person for violation of an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-200.
Section 3-11-300. (A) The authority delegated to a county or municipality pursuant to this section is granted pursuant to Chapter 9, Title 4 and Chapter 7, Title 5. This authority is separate from and in addition to the authority granted to a county or municipality pursuant to Sections 3-11-200 through 3-11-210, which authorize exercise of this state's Johnson Act authority pursuant to 15 U.S.C. Sections 1171 through 1177, except for passenger cruise liners.
(B) Except as provided for in subsection (C), the General Assembly delegates to a county for the unincorporated areas of a county, and to a municipality for the municipality, the authority to regulate or prohibit gambling aboard gambling vessels while such vessels are outside the territorial waters of the State, when these vessels embark or disembark passengers within their respective jurisdictions for voyages that depart from the territorial waters of the State, sail into United States or international waters, and return to the territorial waters of the State without an intervening stop.
(C) A county or municipality is prohibited from regulating or prohibiting gambling on passenger cruise liners, as defined in this chapter.
Section 3-11-310. A county or municipality adopting an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-300 may assess only a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per gambling vessel for a twenty-four hour period. Additionally, a county or municipality may obtain injunctive relief against a person for violation of an ordinance regulating or prohibiting gambling vessels pursuant to Section 3-11-300.
Section 3-11-320. Any county or municipal ordinance prohibiting or regulating gambling or gambling vessels pursuant to Sections 3-11-200 or 3-11-300 must not be construed to prohibit or regulate a passenger cruise liner from having gambling devices on board so long as there is no gambling allowed while the passenger cruise liner is within the territorial waters of the State.
Section 3-11-400. (A) This chapter does not apply to any gambling activity conducted on United States-flagged or foreign-flagged vessels during travel from a foreign nation or another state or possession of the United States up to the point of first entry into South Carolina waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from South Carolina waters, provided that these vessels make
(B) The provisions of this chapter must not be construed to:
(1) repeal or modify another provision of law relating to gambling, or any existing county or municipal ordinance regulating or prohibiting gambling or gambling vessels;
(2) repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3);
(3) allow or permit gambling aboard any vessel, gambling vessel, or passenger cruise liner within the territorial waters of the State;
(4) preclude prosecution for another applicable gambling offense pursuant to state law; or
(5) preclude prosecution for violations of 15 U.S.C. Sections 1172, 1173, 1174, or 1175, to the extent not otherwise prohibited by provisions of the South Carolina Constitution.
(C)(1) For purposes of this section, 'gross proceeds' means the total amount wagered or otherwise paid, in cash or credit, by a passenger or user of a gambling device aboard a gambling vessel.
(2) If a county or municipality adopts an ordinance allowing a gambling vessel to operate, or if a gambling vessel other than a passenger cruise liner is permitted to operate because that gambling vessel, on each cruise, makes an intervening stop in another State, possession of the United States, or foreign country, the county or municipality may assess a surcharge of up to ten percent of each ticket sold per gambling cruise, and a surcharge of up to five percent of the gross proceeds of each gambling vessel.
(3)(a) If a county or municipality assesses the surcharges set forth in item (2), then the proceeds of the surcharges are to be paid to the county or municipality from which the gambling vessel originates its cruise. The county or municipality is responsible for setting forth the procedures by which the proceeds are paid to the county or the municipality.
(b)(i) Each gambling vessel must report to the Department of Revenue, on a monthly basis, the average daily percentage of winnings to losses for each gambling device used on a gambling vessel. The report must be delivered to the Department of Revenue on the twentieth day of the month for the preceding month, in a form and format determined by the department. If no gambling devices are used, the gambling vessel must report to the department that no gambling
(ii) A gambling vessel that fails to deliver the report of winnings to losses to the department may be assessed a civil penalty in the amount of one hundred dollars per day per gambling device for each day that the report is late.
(iii) The department must make this information available, on a quarterly basis, to the governing body of the county or municipality from which the gambling vessel originates and to the general public. In addition, quarterly reports must be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
(iv) The department is authorized to promulgate regulations to implement the provisions of this subsection.
Section 3-11-410. The Attorney General is charged with the affirmative duty to:
(1) defend the State from constitutional challenges to the provisions of this chapter; and
(2) assist in a defense by the county or municipality enacting an ordinance regulating or prohibiting gambling vessels pursuant to Sections 3-11-200 or 3-11-300 from constitutional challenges to the provisions of this chapter.
Section 3-11-500. (A) A county or municipal ordinance prohibiting gambling vessels enacted before the effective date of this chapter, to the extent that it is consistent with the provisions of this chapter, remains in full force and effect after the effective date of this chapter, and is considered as promulgated pursuant to the powers and authority delegated to counties and municipalities by this chapter.
(B) A county or municipality, in order to prohibit gambling vessels in accordance with the provisions of this chapter, after the effective date of this chapter, may enact an ordinance that substantially reads as follows:
(1) The governing body of ______________________, in accordance with Section 3-11-200 of the Code of Laws of South Carolina, 1976, as amended, exercises the authority conferred to the State of South Carolina by the United States Congress pursuant to the Johnson Act, as amended, 15 U.S.C. Sections 1171 through 1177, and hereby prohibits within its jurisdiction the docking and embarkation or disembarkation of passengers aboard gambling vessels, as defined in Section 3-11-100(1) of the 1976 Code, that provide gambling aboard
(2) The governing body of _________________, in accordance with the authority delegated by Section 3-11-300 of the Code of Laws of South Carolina, 1976, as amended, hereby prohibits within its jurisdiction the docking and embarkation or disembarkation of passengers aboard gambling vessels, as defined in Section 3-11-100(1) of the 1976 Code, that provide gambling aboard voyages that depart from the jurisdiction of __________, leave the territorial waters of the State of South Carolina, sail into United States or international waters, and return to the territorial waters of the State of South Carolina without making an intervening stop, as defined in Section 3-11-100(3) of the 1976 Code. Nothing herein shall be construed to prohibit, regulate, or otherwise apply to passenger cruise liners, as defined by Section 3-11-100(5) of the 1976 Code, nor shall this ordinance apply to vessels described in Section 3-11-400(A) of the 1976 Code.
(3) Anyone violating this ordinance must be assessed a civil penalty of not more than one hundred dollars per passenger for each violation, with an aggregate total in penalties not to exceed fifty thousand dollars per gambling vessel for a twenty-four hour period. For the purposes of this ordinance, 'per passenger' is defined as the total number of passengers allowed on a vessel pursuant to its United Stated Coast Guard certificate of documentation or equivalent foreign documentation. In addition, violations of this ordinance are subject to injunctive relief.
(4) The exceptions for passenger cruise liners in this ordinance are so connected with the other sections of the ordinance that they are mutually dependent on each other as conditions and considerations for each other, so that the council would not have adopted this ordinance without them; therefore, should these exceptions be found unconstitutional or invalid, it is the intent of the council that the entire ordinance be found invalid.
(5) Except as provided for in item (4), if any other section, subsection, paragraph, item, subitem, subparagraph, sentence, clause, phrase, or word of this ordinance is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the council hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 3. Section 14-1-206(C)(7) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year. The Attorney General may also use these funds for expenses incurred in defense of municipal and county ordinances pursuant to the mandate of Section 3-11-410."
SECTION 4. Section 14-1-207(C)(7) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has
"(8) .59 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;. The Attorney General may also use these funds
Rep. MILLER explained the amendment.
Reps. RUTHERFORD, HOWARD, MOODY-LAWRENCE, J. BROWN, MILLER, WHIPPER, WEEKS, PHILLIPS, ANTHONY, BREELAND, MACK, EMORY and JEFFERSON requested debate on the Bill.
The following Bill was taken up:
H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22110HTC05):
Amend the bill, as and if amended, in Article 7, Chapter 10 of Title 4, as contained in SECTION 1, page 2, by inserting after Section 4-10-730:
/ Section 4-10-733. If a school district receiving proceeds of the tax authorized by this article has no outstanding general obligation debt incurred for capital improvements or immediate needs for capital improvements, the proceeds of the tax must be maintained in a separate reserve fund in the county treasury maintained by the district until such time as the proceeds are used for the purposes authorized pursuant to this article. The revenue in this fund and the earnings on it may not be used or pledged for any purpose not authorized pursuant to this article.
Section 4-10-736. (A) Notwithstanding any other provision of this article, a school district which is acquiring new schools or renovating existing schools, or both, by means of what is commonly called a BEST corporation plan is ineligible to receive any revenue of the sales and use tax authorized by this article and the question provided in Section 4-10-740(d) must reflect this ineligibility.
(B) A school district receiving revenues of the tax authorized by this article may not acquire new schools or renovate existing schools, or both, by means of what is commonly called a BEST corporation plan. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Reps. WALKER and FUNDERBURK requested debate on the Bill.
The following Bill was taken up:
H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J. H. Neal, Weeks, Herbkersman, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-7-25 AND 31-7-130 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE FROM THE LIMITATIONS IMPOSED ON THOSE SERVICES BY LAW; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22100HTC05), which was adopted:
Amend the bill, as and if amended, by striking items (1)(a) and (2) of Section 31-7-30, as contained in Section 3, beginning on page 3, and inserting:
/ "(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure: excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or
"(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; depreciation of physical maintenance; or lack of community planning,; agricultural foreclosures; static or declining agricultural land rental rates; depopulation; area-wide economic decline; or static per capita income, is detrimental to the public safety, health, morals, or welfare and may become a blighted area." /
Amend further, as and if amended, by adding an appropriately numbered penultimate section to read:
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. FUNDERBURK and COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22114HTC05), which was adopted:
Amend the bill, as and if amended, by adding five appropriately numbered sections to read:
/ SECTION ____. A. Section 5-37-40(A)(5) of the 1976 Code is amended to read:
"(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, owner-occupied residential property which is taxed or will be taxed under Section 12-43-220(c) must not be included within an improvement district unless the owner at the time the improvement district is created gives the governing body written permission to include the property within the improvement district."
B. Section 5-37-40(B) of the 1976 Code is amended to read:
"(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition
"Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, owner-occupied residential property which is taxed or will be taxed under Section 12-43-220(c) must not be included within an improvement district unless the owner at the time the improvement district is created gives the governing body written permission to include the property within the improvement district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith."
SECTION ____. A. Section 31-6-20(A) of the 1976 Code is amended by adding a new item after item 4 to read:
"(4.5) There exists in or contiguous to many municipalities in the State large tracts of land which served the people of this State and its economy when originally developed and maintained over the generations as agricultural property, contributing food, fiber, timber, and pulpwood, and which now, in an evolving economy and amidst a much smaller, yet vastly more efficient agricultural economy, are in need of redevelopment to provide multiple uses utilizing the redevelopment tools provided in this chapter."
B. Items (3) and (5) of Section 31-6-20(A) of the 1976 Code are amended to read:
"(3) There exist in many municipalities of this State blighted and conservation areas; the conservation areas are rapidly deteriorating and
(5) The use of incremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the payment of redevelopment project costs is of benefit to the taxing districts because taxing districts located in redevelopment project areas would not derive the benefits of an increased assessment base without the benefits of tax increment financing, all surplus tax revenues are turned over to the taxing districts in redevelopment project areas, and all taxing districts benefit from the removal of blighted conditions, and the eradication of conditions requiring conservation measures., and the redevelopment of agricultural areas."
SECTION ____. Section 31-6-30 of the 1976 Code, as last amended by Act 207 of 2002, is further amended to read:
"Section 31-6-30. (1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where,:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(1.5) 'Agricultural area' means any unimproved or vacant area formerly developed and used primarily for agricultural purposes within the boundaries of a redevelopment project area located within the territorial limits of the municipality where redevelopment and sound growth is impaired by a combination of three or more of the following factors: obsolete platting of the land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the land; overcrowding of structures and community facilities in neighboring areas adjacent to the land; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater; lack of storm drainage facilities; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of community planning; agricultural foreclosures; and static or declining land values."
(2) 'Conservation area' means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures;
(a) if improved, because of a combination of three or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; is detrimental to the public safety, health, morals, or welfare and may become a blighted area.
(3) 'Municipality' means an incorporated municipality of this State.
(4) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.
(5) 'Redevelopment plan' means the comprehensive program of the municipality for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a an agricultural area, blighted area, or conservation area or combination thereof, and thereby to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs including long-term project maintenance, as applicable, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this paragraph.
(6) 'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, and recreational tourism and recreation-related facilities, energy production or transmission
infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned. A redevelopment may be located outside of the redevelopment area provided the municipality makes specific findings of benefit to the redevelopment project area and the project area is located within the municipal limits.
(7) 'Redevelopment project area' means an area within the incorporated area of and designated by the municipality, which is not less in the aggregate than one and one-half acres and in respect to which the municipality has made a finding that there exist conditions that cause the area to be classified as an agricultural area, a blighted area or a conservation area, or a combination of both blighted areas and conservation areas thereof. The total aggregate amount of all redevelopment project areas within any one municipality may not exceed five percent of the total acreage of the municipality.
(8) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.
(d) costs of the construction and long-term maintenance of a redevelopment project.
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.
(f) relocation costs, including relocation or removal costs of federal, state, or local government facilities or activities, to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(10) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings."
SECTION ____. Item (g) of the first undesignated paragraph of Section 31-6-80 of the 1976 Code is amended to read:
(g) findings that:
(i) the redevelopment project area is a an agricultural, blighted or conservation area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance,;
(ii) property values in the area would remain static or decline without public intervention,; and
(iii) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the municipality.
Before approving any redevelopment plan under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the municipality and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposedd redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan." /
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.
The following Bill was taken up:
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Section 50-26-10. This chapter may be cited as 'Chandler's Law'.
Section 50-26-20. For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or any vehicle that is required to be licensed or titled for highway use.
Section 50-26-30. (A) A person sixteen years of age or younger may not operate an all-terrain vehicle within this State unless the person:
(1) has successfully completed an all-terrain vehicle safety education course provided by or approved by the department, and has been issued a safety certificate; or
(2) is operating the all-terrain vehicle as part of a prescribed all-terrain vehicle safety education, training, and skills program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(B) The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the all-terrain vehicle safety education course. A certificate of successful completion of an all-terrain vehicle safety education course issued by other states or territories of the United States, Canadian provinces, or other nations is valid for the purposes of this chapter if the department approves the course as comparable to the program required by this chapter.
(C) The department shall certify all-terrain vehicle safety education courses.
(D) 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 and eye protection meeting United States Department of Transportation standards for motorcycles.
SECTION 50-26-40. All-terrain vehicles are exempt from ad valorum personal property taxes beginning January 1, 2005.
SECTION 50-26-50. (A) The restrictions in this section apply to operation of an all-terrain vehicle's on those lands open to the public and are in addition to the requirements of Section 50-26-30.
(B) It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for an all-terrain vehicle operation.
(C) A person sixteen years of age or younger must be accompanied by an adult.
(D) It is unlawful to operate an all-terrain vehicle between one-half hour after sunset to one-half hour before sunrise unless it is equipped with operational headlights and they are on.
(E) It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.
(F) An all-terrain vehicle must have an effective muffler system in good working condition; a USDA Forest Service approved spark arrester in good working condition and a brake system in good operating condition.
(G) It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.
(H) It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.
(I) It is unlawful to operate an all-terrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.
(J) No governmental entity and no property owner is liable for injuries or damage resulting from an all-terrain vehicle operation on lands open to the public for an all-terrain vehicle operation. The State is absolutely immune from liability for any injury or damage as a result of operating an all-terrain vehicle on any lands at any time.
SECTION 50-26-60. A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. OTT having the floor.
On motion of Rep. BRADY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks and Young: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF
The following Concurrent Resolution was taken up:
H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE COUNTY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".
Be it resolved by the House of Representatives, the Senate concurring:
That the bridge located at 416 Oakland Road in the County of Dillon that crosses Interstate 95 the "Liston 'Gurnie' Rowell Memorial Bridge", and to erect appropriate markers or signs at this bridge that contain the words "Liston 'Gurnie' Rowell Memorial Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
Rep. HAYES proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20468SD05), which was adopted:
Amend the concurrent resolution, as and if amended, by striking /CITY/ on line 13, page 1, and inserting /COUNTY/ and by striking /City/ on line 23, page 1, and inserting /County/.
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. HAYES moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 27, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS;
Very Respectfully,
President
Received as information.
CONFERENCE REPORT
The General Assembly, Columbia, S.C., April 27, 2005
The COMMITTEE OF CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/31/05)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 62, Title 12 of the 1976 Code, as added by Act 299 of 2004, is amended to read:
Section 12-62-10. This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.
Section 12-62-20. For purposes of this chapter:
(1) 'Company' means a corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the South Carolina Department of Commerce.
(3) 'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term 'motion picture' does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18
(4) 'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.
(5) 'Payroll' means salary, wages, or other compensation subject to South Carolina income tax withholdings.
(6) 'Secretary' means the Secretary of the Department of Commerce or his designee.
Section 12-62-30. Notwithstanding the provisions of Section 12-36-2120(43), A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive twelve-month period, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department as provided in this chapter, shall be relieved from the payment of state and local sales and use taxes administered and collected by the Department of Revenue on funds expended in South Carolina in connection with the filming or production of a motion picture or pictures. The production of television coverage of news and athletic events is specifically excluded from the provisions of this chapter. The provisions of this chapter do not apply to a sales and use tax levied by a local governmental subdivision.
Section 12-62-40. (A) A motion picture production company that intends to film all, or parts of, a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use tax taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.
(B) At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to
(C)(1) An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.
(2) The application must be approved by the Director of the South Carolina Film Commission secretary.
(3) Once the application is approved by the Director of the South Carolina Film Commission secretary, the Department of Revenue shall issue a written certification of state sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary.
(D) A motion picture production company that is approved for relief from the payment of sales and use taxes as provided by this chapter and that and receives a sales and use tax exemption certificate but fails to expend two hundred fifty thousand dollars within a consecutive twelve-month period is liable for the sales and use taxes that would have been paid had the approval not been granted; except, that the motion picture production company must be given a sixty-day period in which to pay the sales and use taxes without incurring penalties. The sales and use taxes are considered due as of the date that taxable expenditures are made the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture.
Section 12-62-50. (A) A motion picture production company is entitled to a tax rebate for the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate is equal to five percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one
(B) The rebate must be applied exclusively to film production employee payroll in South Carolina by the motion picture production company.
(C) The rebate must be distributed to the motion picture production company at the completion of physical production and support activities. This credit must follow the same procedures as established pursuant to Section 12-10-81(B)(1), (B)(2), (B)(6), (B)(8), and (G). (1) The South Carolina Film Commission may rebate to a motion picture production company a portion of the South Carolina payroll of the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate may not exceed fifteen percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebates in total may not annually exceed ten million dollars and shall come from the state's general fund. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.
(2)(a) For purposes of this section, an employee is an individual directly involved in the filming or post-production of a motion picture in South Carolina and who is an employee of a:
(i) motion picture production company that is directly involved in the filming or post-production of a motion picture in South Carolina; or
(ii) personal service corporation retained by a motion picture production company to provide persons used directly in the filming or post-production of a motion picture in South Carolina; or
(iii) payroll services or loan out company that is retained by a motion picture production company to provide employees who work directly in the filming or post-production of a motion picture in South Carolina.
(b) For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding
(3) The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming in South Carolina, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company.
(B)(1) The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming in South Carolina in connection with the motion picture. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming in South Carolina is complete. The motion picture production company must provide the information the department considers necessary to determine if the one million dollar-expenditure requirement has been met.
(2) A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes due and owing the State at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State, the motion picture production company is permanently barred from claiming the rebate.
(3) The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.
(C) A motion picture production company claiming a rebate pursuant to this section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production
(D) For purposes of this section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.
Section 12-62-55. At the time the motion picture production company is certified by the department, it may make, with the approval of the Coordinating Council, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 to a designated trustee. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The qualifying motion picture production company must file an application for the assignment with the secretary no later than thirty days after filming begins in South Carolina.
Section 12-62-60. (A)(1) An amount equal to thirteen percent twenty-six percent of the general fund portion of admissions tax collected by the State of South Carolina for the previous fiscal year must be funded annually by September first to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission department may rebate to a motion picture production company up to seven percent fifteen percent of the costs of
(2) This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(B) Up to seven percent of the amount provided to the department in subsection (A) may be used exclusively for marketing and special events.
(2)(C) The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development. The Coordinating Council for Economic Development may adopt rules and promulgate regulations for the application for and award of the rebate.
(B)(D) One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this section. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.
(E) The department shall report annually to the Coordinating Council on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.
Section 12-62-70. (A)(1) Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State
(2) The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.
(B) The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture. A property may be used for a total of only twenty-one days without location or facility fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf and at the direction of the motion picture production company. including State-owned or political subdivision-owned properties also may recoup a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. Whenever possible, the public entity must direct the public property contribution to a charitable entity that is recognized as exempt under Section 501(c)(3) of the Internal Revenue Code. State-owned or political subdivision-owned properties also may recoup costs required to repair damage caused by the motion picture production company to real or personal property of the state agency or political subdivision. The motion picture production company shall reimburse all costs, at the property's normal and customary rates, to the state agency or political subdivisions incurring the costs within twenty-one calendar days of completion of production activities on site. The motion picture production company may use the publicly-owned property only on the days agreed to and approved by the state agency or political subdivision.
Section 12-62-80. The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.
Section 12-62-90. The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act'; except, that the State of South Carolina reserves the right to refuse the
Section 12-62-100. To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
SECTION 2. Section 12-36-920(A) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:
"(A)(1) A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individual's place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B).
(2) A motion picture production company producing a motion picture in the State of South Carolina, as those terms are defined in Chapter 62 of Title 12, is entitled to a rebate from the Department of Revenue of all of the sales taxes on accommodations paid by the motion picture production company for employees of the motion picture production company who have stayed in accommodations in South Carolina for an aggregate of thirty days over a twelve-month period. The motion picture production company must first submit to the Department of Revenue a certification as to the number of days its employees have stayed in accommodations in South Carolina. The rebate of accommodations taxes does not apply to the local accommodations tax authorized by Article 5, Chapter 1, Title 6."
SECTION 3. Section 1-30-25(D) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:
"(D) State Development Board Department of Commerce, including the South Carolina Film Commission, formerly provided for in Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:
(1) stimulation of economic activity to develop the potentialities of the State;
(2) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promotion and correlation of state and local activity in planning public works projects;
(5) promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;
(9) enhancement of the general welfare of the people; and
(10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
SECTION 4. This act takes effect upon approval by the Governor, and applies to taxable years beginning July 1, 2004, except that Sections 12-62-50(A)(1) and 12-62-60(A)(1) are effective July 1, 2005./
Amend title to read:
/TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR
The Hon. Thomas L. Moore The Hon. Shirley R. Hinson The Hon. Robert W. Hayes, Jr. The Hon. James G. McGee III The Hon. Thomas C. Alexander The Hon. James A. Battle, Jr. On Part of the Senate. On Part of the House.
Rep. HINSON explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie, Malloy, McConnell, Moore, Thomas, Land, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Short, J. V. Smith, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J. H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E. H. Pitts, Sinclair, G. R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Lee, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer,
On motion of Rep. LEACH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J. H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E. H. Pitts, Sinclair, G. R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Lee, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper and Whitmire: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 57 ALONG INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THE "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE" AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS
Whereas, the Honorable Walter P. Lloyd of Walterboro died at his home on Thursday night, April 14, 2005, after a fairly lengthy illness; and
Whereas, he was born in Eastover, South Carolina, was a resident of Walterboro, a graduate of South Carolina State University where he earned a B.S.A. Degree in 1957, and a Masters of Education Degree in Education in 1963; and
Whereas, he was a retired agricultural education consultant for the State Department of Education and had served in the House of Representatives since 1995. He represented House District 121 consisting of areas in Colleton and Beaufort Counties; and
Whereas, he was one of the most personable members of the House of Representatives whose top legislative priority was to fully fund our public schools; and
Whereas, as a member of the House Education and Public Works Committee, he spent a great deal of time and energy on issues dealing with children and education in South Carolina because he loved school children, and he knew the importance of a good education; and
Whereas, he was an active participant in the affairs of his home community and district, and he was always accessible to his constituents whatever their problem or need; and
Whereas, he was a devoted husband to his wife, Yvonne, and to his two children, and with the death of this truly fine man at the age of seventy-three, the people of Colleton and Beaufort Counties and the State of South Carolina have lost a warm and capable public servant and good friend who will be deeply missed; and
Whereas, it is fitting and proper for an interchange along Interstate Highway 95 in Colleton County to bear his name to honor his memory. Now, therefore,
That the members of the General Assembly request that the Department of Transportation name the interchange located at Exit 57 along Interstate Highway 95 in Colleton County the "State Representative Walter P. Lloyd Memorial Interchange" and place appropriate markers or signs at this interchange that contain the words "State Representative Walter P. Lloyd Memorial Interchange".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4004 (Word version) -- Rep. Howard: A BILL TO AMEND SECTION 37-3-413, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHORT-TERM VEHICLE SECURED LOAN, SO AS TO PROVIDE THAT THE SECURED PARTY'S EXCLUSIVE REMEDY IN THE EVENT OF DEFAULT IS REPOSSESSION, BY JUDICIAL PROCESS AND IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND SALE AND TO REQUIRE THE SECURED PARTY TO REMIT THE EXCESS DERIVED FROM THE SALE TO THE BORROWER.
Referred to Committee on Judiciary
H. 4005 (Word version) -- Reps. J. Brown, J. E. Smith, Scott, Ott, Bales, Neilson and Govan: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF A WARTIME VETERAN WHO WAS BORN IN AND ENTERED THE MILITARY IN THIS STATE MAY BE ADMITTED TO ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR POST HIGH SCHOOL TECHNICAL
The following was introduced:
H. 4006 (Word version) -- Reps. Jefferson, Dantzler, Hinson, Huggins, Merrill and Umphlett: A HOUSE RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE PRESENTLY UNNAMED BOAT LANDING LOCATED IN RUSSELLVILLE IN BERKELEY COUNTY AS THE "AMOS GOURDINE BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "AMOS GOURDINE BOAT LANDING" ON THE PROPERTY THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4007 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO RECOGNIZE THE EPISCOPAL CHURCH OF THE NATIVITY OF UNION ON THE OCCASION OF ITS HISTORIC ONE HUNDRED FIFTIETH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ONE HUNDRED AND FIFTY YEARS OF DEDICATED AND FAITHFUL SERVICE TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROCLAIM MAY 7, 2005, AS "CHARLESTON RIFLE CLUB
Whereas, the Charleston Rifle Club began in May of 1855 as the German Sharpshooters Club where it first held a social gathering in the northern part of the City of Charleston featuring competition in marksmanship; and
Whereas, the Charleston Rifle Club is a non-profit private club dedicated to the betterment of the community and the joys of fellowship; and
Whereas, the Charleston Rifle Club supports the local community by contributing to charitable organizations, including the March of Dimes, and by having an annual March of Dimes Bowling Tournament which has been held every year since 1949 and is the longest running event of its kind, and which raised over nine thousand five hundred dollars in 2005 to fight birth defects; and
Whereas, the Charleston Rifle Club also supports the local community by having members of the club contribute their time every year to the Carolina Children's Charity Telethon; and
Whereas, the Ladies' Auxiliary of the Charleston Rifle Club endows five academic scholarships every year that are awarded to deserving students seeking higher education; and
Whereas, the Charleston Rifle Club will begin a celebration of its 150th anniversary on May 7, 2005, at Ashley Park in the City of Charleston, South Carolina, and will continue the celebration with events held throughout the month of May at the park. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, wish to proclaim May 7, 2005, as "Charleston Rifle Club Day" in the State of South Carolina based on the club's long history of improving the community and celebrating fellowship.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. OTT having the floor:
H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6491SD05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-26-10. This chapter may be cited as 'Chandler's Law'.
Section 50-26-20. For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or any vehicle that is required to be licensed or titled for highway use.
Section 50-26-30. (A) A person sixteen years of age or younger may not operate an all-terrain vehicle within this State unless the person:
(1) has successfully completed an all-terrain vehicle safety education course provided by or approved by the department, and has been issued a safety certificate; or
(2) is operating the all-terrain vehicle as part of a prescribed all-terrain vehicle safety education, training, and skills program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(B) The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the all-terrain vehicle safety education course. A certificate of successful completion of an all-terrain vehicle safety education course issued by other states or territories of the United States, Canadian provinces, or other nations is valid for the purposes of this chapter if the department approves the course as comparable to the program required by this chapter.
(C) The department shall certify all-terrain vehicle safety education courses.
(D) 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 and eye protection meeting United States Department of Transportation standards for motorcycles.
SECTION 50-26-40. All-terrain vehicles are exempt from ad valorum personal property taxes beginning January 1, 2005.
SECTION 50-26-50. (A) The restrictions in this section apply to operation of an all-terrain vehicle's on those lands open to the public and are in addition to the requirements of Section 50-26-30.
(B) It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for an all-terrain vehicle operation.
(C) A person sixteen years of age or younger must be accompanied by an adult.
(D) It is unlawful to operate an all-terrain vehicle between one-half hour after sunset to one-half hour before sunrise unless it is equipped with operational headlights and they are on.
(E) It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.
(F) An all-terrain vehicle must have an effective muffler system in good working condition; a USDA Forest Service approved spark arrester in good working condition and a brake system in good operating condition.
(G) It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.
(H) It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.
(I) It is unlawful to operate an all-terrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.
(J) No governmental entity and no property owner is liable for injuries or damage resulting from an all-terrain vehicle operation on lands open to the public for an all-terrain vehicle operation. The State is absolutely immune from liability for any injury or damage as a result of operating an all-terrain vehicle on any lands at any time.
SECTION 50-26-60. A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT continued speaking.
The amendment was then adopted.
Rep. RICE moved to table the Bill.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
R. Brown Cooper Davenport Hamilton Leach Limehouse Littlejohn Loftis McCraw Owens Perry Rice
D. C. Smith Stewart Talley Thompson White
Those who voted in the negative are:
Agnew Anderson Anthony Bales Ballentine Battle Bingham Brady Breeland J. Brown Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Delleney Duncan Emory Frye Hagood Haley Hardwick Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Lucas Mack Mahaffey Martin McGee McLeod Merrill Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Pinson M. A. Pitts Rhoad Rutherford Sandifer Scarborough Simrill Sinclair J. R. Smith Taylor Toole Townsend Umphlett Vick Walker Weeks Whitmire Witherspoon
So, the House refused to table the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole, Umphlett and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7437AHB05), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 16-17-605(A)(2), as contained in SECTION 1, page 1, beginning on line 27, and inserting:
/ (2) 'Geocaching' means the activity of participants using a global positioning system (GPS) device to locate the geocache or another specific location./
Amend the bill further, by deleting in its entirety Section 16-17-605(B), as contained in SECTION 1, page 1, beginning on line 36, and inserting:
/ (B) It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State, as defined in Section 60-12-10(4), the South Carolina Inventory of Historic Properties, or the African-American National Register sites without the express written consent of the owner or the state agency which oversees these properties or sites. /
Renumber sections to conform.
Amend title to conform.
Rep. CEIPS explained the amendment.
The amendment was then adopted.
Rep. HINSON explained the amendment.
Rep. SINCLAIR spoke against the amendment.
Rep. TALLEY requested debate on the Bill.
Rep. SINCLAIR moved to table the amendment, which was agreed to by a division vote of 45 to 18.
Reps. LUCAS, RICE, FUNDERBURK, HINSON, SCOTT, CEIPS, HOSEY, CLEMMONS, J. BROWN, SCARBOROUGH, STEWART and HARDWICK requested debate on the Bill.
The motion period was dispensed with on motion of Rep. SINCLAIR.
The following Bill was taken up:
H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
Rep. CLEMMONS explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham Breeland J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Umphlett Vaughn Vick Walker Weeks
Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Altman Coleman Talley
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Rep. SINCLAIR explained the Bill.
Rep. MCGEE spoke against the Bill.
The SPEAKER PRO TEMPORE granted Rep. DUNCAN a leave of absence for the remainder of the day.
Rep. MCGEE continued speaking.
Rep. JENNINGS spoke in favor of the Bill.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Coates Coleman Cooper Funderburk Kennedy McGee Simrill Skelton
Those who voted in the negative are:
Agnew Altman Anderson Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cotty Davenport Delleney Edge Emory Frye Govan Hagood Haley Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Huggins Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Rice Rutherford Sandifer Scott Sinclair D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley
Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips
Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Sinclair D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Kennedy McGee Simrill Skelton
So, the Bill was read the second time and ordered to third reading.
I was out of the Chamber when the vote was taken on H. 3588. I would have voted in favor of the Bill.
Rep. Joe Mahaffey
The following Bill was taken up:
H. 3489 (Word version) -- Reps. Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3341DW05):
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 4-9-1410, as contained in SECTION 1, and inserting:
/ (A)(1) The provisions of this article only apply to the election of members of the governing body of a county and the following county offices:
(a) auditor;
(b) treasurer;
(c) clerk of court;
(d) probate judge;
(e) sheriff;
(f) coroner; and
(g) register of mesne conveyance.
(2) A county may choose to elect some of the officers enumerated in item (1) of this subsection in nonpartisan elections and others in partisan elections as provided in subsection (D).
(B) A county may choose to elect the members of its governing body and any of the county officers enumerated in item (1) of subsection (A) in a nonpartisan election by one of the following methods:
(1) the governing body of each county in this State may adopt by ordinance one of the alternative methods of nominating candidates for and determining the results of its nonpartisan elections as provided in subsection (C) of this section; or
(2) a referendum requesting that one of the three methods of nominating a candidate in a nonpartisan election be implemented in the county as provided in subsection (C) of this section may be called by a petition of not less than five percent of the registered electors of the county. A petition must be certified as valid or rejected by the county board of registration within sixty days after it has been delivered to the board and, if certified, must be filed with the governing body which shall provide for a referendum not more than ninety days after it has been received. A referendum must be conducted by the county election commission and may be held in a general election or in a special election as determined by the governing body if the conditions of this section are met. A change from the current method of electing council
Rep. TALLEY explained the amendment.
Rep. VAUGHN moved to adjourn debate on the Bill until Tuesday, May 3, which was agreed to.
The following Bill was taken up:
H. 3638 (Word version) -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon, Scott and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS MUST CLEARLY
Rep. COTTY proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3396DW05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1636. (A) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a wholesale distributor and a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act.
(B) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a licensed wholesale distributor.
(C) Both wholesale distributors and licensed retail dealers with a wholesale's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor for sale by the drink to a person licensed by this article for sale for on-premises consumption.
Section 61-6-1637. A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.
Section 61-6-1638. If a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or a wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for
"Section 61-6-1650. (A) A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(C) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(D) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION 3. Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-2430. A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license. A wholesale distributor of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, or the holder of any other alcoholic liquor retail license."
SECTION 4. Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:
"(B) In making the quarterly distribution to counties, the State Treasurer must shall notify each county of the amount that must be
"Section 12-33-245. (A) In lieu of addition to taxes imposed under pursuant to the provisions of Sections 12-33-230, and 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.
(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must shall notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.
(C) Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2004-05 for educational, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2004-05. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year."
SECTION 6. Section 12-36-90(2) of the 1976 Code, as last amended by Act 237 of 2004, is further amended by adding an appropriately lettered subitem to read:
"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION 7. Section 61-4-120 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section."
SECTION 8. Section 61-4-570 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-570. Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."
SECTION 9. Section 61-4-770 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:
"Section 61-4-770. Wines containing more than sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink."
"Section 61-4-1720. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."
SECTION 11. Section 61-6-20(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:
(a)(i) wine when manufactured or made for home consumption and which is not sold by the maker thereof of the wine or by another person; or
(b)(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating;.
(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."
SECTION 12. Section 61-6-20(5) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(5) 'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."
SECTION 13. Section 61-6-185 of the 1976 Code, as added by Act 363 of 1998, is amended to read:
"Section 61-6-185. (A) A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 14. Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under pursuant to the provisions of this title must be revoked.
The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under pursuant to the provisions of Article 5 of this chapter. Establishments An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."
SECTION 15. Section 61-6-1300 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-1300. (A) No A wholesaler wholesale distributor may not:
(1) sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;
(2) permit the drinking of alcoholic liquors on his premises;
(3) condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;
(4) sell alcoholic liquors between the times of sundown and sunrise;
(5) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;
(6) directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or
(7) redeem proof-of-purchase certificates for any promotional item.
(B) A manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors."
SECTION 16. Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:
"Section 61-6-1500. (A) No A retail dealer may not:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;
(3) notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;
(4) sell, barter, exchange, give, transfer, or deliver, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, transfer, or delivery of alcoholic liquors:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person;
(5)(2) permit the drinking of alcoholic liquors in his store or place of business;
(6)(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(7)(4) redeem proof-of-purchase certificates for any promotional item.
However, during restricted hours a retail dealers are dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:
(a) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or
(b) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(2) It is unlawful for a person, or his agent, licensed to sell alcoholic liquors under pursuant to the provisions of this section to refill a minibottle container of alcoholic liquor. A person who violates this provision must, upon conviction, must have his license revoked permanently.
(3) A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.
(4) It is unlawful to sell minibottles except during lawful hours of operation.
(5) A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, 'a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser.
(C) A retail dealer shall keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size."
SECTION 17. Section 61-6-1600 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1600. (A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION 18. Section 61-6-1610 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is displayed conspicuously displayed on the main entrance to the premises and clearly visible from the outside.
(B) Notwithstanding any other another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
(C) An establishment licensed under pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.
(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license.
(E) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(1) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.
(F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(G) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently."
SECTION 19. Section 61-6-1620(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(A) This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections Section 61-6-1600 or 61-6-1610."
SECTION 20. Section 61-6-1630 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.
(B) No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises."
SECTION 21. Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:
"Section 61-6-1825. (A) A person residing in the county in which a minibottle license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 22. Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2000. In addition to the minibottle licenses authorized under pursuant to the provisions of subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organizations organization which authorizes these organizations an organization to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons a person with a biennial minibottle licenses are license is authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to the provisions of this section is within the sole discretion of the department."
SECTION 23. Section 61-6-2005(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."
SECTION 24. Section 61-6-2010 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable-filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also shall offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per each year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must shall prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which that have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after
(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or
(c) in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such for a referendum for this purpose must be paid by the county or municipality conducting the referendum.
(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must shall conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
SECTION 25. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
Section 61-6-2200. No A person may not serve or deliver to a purchaser alcoholic liquors in minibottles by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.
Section 61-6-2210. The purchaser of a minibottle for on-premises consumption must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.
Section 61-6-2220. No person or establishment licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.
Section 61-6-2230. (A) No person licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a `drinking contest' or `drinking game'.
(B) For purposes of this section, `drinking contest' or `drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. `Drinking contest' or `drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."
SECTION 26. Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2400. Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION 27. Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2600. Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Section 12-33-245(A), or who violates any other another provision of this article must:
(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;
(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;
(4) for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION 28. The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.
SECTION 29. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 30. This act takes effect on January 1, 2006. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. PERRY spoke against the amendment.
The amendment was then adopted.
SECTION 1. Section 12-33-245 of the 1976 Code is amended to read:
"Section 12-33-245. (A) In lieu of addition to taxes imposed under pursuant to the provisions of Sections 12-33-230, and 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sale' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.
(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.
(C) Those state agencies and local entities, including counties, which are allocated and receive by law minibottle tax revenues in fiscal year 2003-04 for education, prevention, and other purposes, shall
"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION 1. Section 61-4-120 of the 1976 Code is amended to read:
"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section."
SECTION 2. Section 61-4-570 of the 1976 Code is amended to read:
"Section 61-4-570. Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."
SECTION 3. Section 61-4-770 of the 1976 Code is amended to read:
"Section 61-4-770. Wines containing more than sixteen twenty-one percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink."
SECTION 4. Section 61-4-1720 of the 1976 Code is amended to read:
"Section 61-4-1720. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."
SECTION 1. Section 61-6-20(1) of the 1976 Code is amended to read:
"(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:
(a)(i) wine when manufactured or made for home consumption and which is not sold by the maker thereof or by another person; or
(b)(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating;.
(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."
SECTION 2. Section 61-6-20(5) of the 1976 Code is amended to read:
"(5) 'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."
SECTION 3. Section 61-6-185 of the 1976 Code is amended to read:
"Section 61-6-185. (A) A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 4. Section 61-6-700 of the 1976 Code is amended to read:
"Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under pursuant to the provisions of this title must be revoked.
The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under by the drink pursuant to the provisions of Article 5 of this chapter. Establishments so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."
SECTION 5. Section 61-6-1500 of the 1976 Code is amended to read:
"Section 61-6-1500. (A) No A retail dealer may:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;
(3) notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers without regard to the size of the container;
(4)(2) not sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors:
(a) between the hours of 7:00 p.m. and 9:00 7:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person;
(5)(3) not permit the drinking of alcoholic liquors in his store or place of business;
(6)(4) not sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(7)(5) not redeem proof-of-purchase certificates for any promotional item.
However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:
(a) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or
(b) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(2) It is unlawful for a person licensed to sell alcoholic liquors under pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle a minibottle.
(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(3) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(4) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
(3)(C) A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.
(4)(D) It is unlawful to sell minibottles alcoholic liquors except during lawful hours of operation.
(5) A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, `a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser."
SECTION 6. Section 61-6-1540 of the 1976 Code is amended to read:
"Section 61-6-1540. (A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:
(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;
(2) nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and
(3) lottery tickets under the provisions of Chapter 150 of Title 59.
(B) Retail dealers licensed under the ABC Act pursuant to the provisions of this article may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen twenty-one percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink. The provisions of this section must not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes."
SECTION 1. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended to read:
Section 61-6-1600. (A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license.
Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors by the drink, which is conspicuously displayed conspicuously on the main entrance to the premises and clearly visible from the outside.
(B) Notwithstanding any other provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
(C) An establishment licensed under pursuant to this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.
(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license.
(E) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(1) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.
(F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(G) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
Section 61-6-1620. (A) This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.
(B) Alcoholic liquors may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.
Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, `a person licensed under this article' includes his designated agent as a purchaser. A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquors to the location of the person licensed under this article to sell alcoholic liquor by the drink for on-premises consumption.
(B) No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises.
Section 61-6-1640. Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:
(1) the establishment must have a permanent seating capacity of fifty or more persons;
(2) samples may not be offered from more than four products at any one time;
(3) the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;
(4) samples must be less than one-half ounce for each product sampled;
(5) a person may not be served more than one sample of each product;
(6) sampling may not be offered for more than four hours;
(7) at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;
(8) a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;
(9) a licensed establishment may not offer more than one sampling each day; and
(10) the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler."
SECTION 2. Section 61-6-1825 of the 1976 Code is amended to read:
"Section 61-6-1825. A person residing in the county in which a minibottle license issued pursuant to subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit issued pursuant to subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall must determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may must not issue the permanent license but shall must forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 3. Section 61-6-2000 of the 1976 Code is amended to read:
"Section 61-6-2000. In addition to the minibottle licenses authorized under pursuant to subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to nonprofit organizations which authorizes these organizations to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons with biennial minibottle licenses issued pursuant to the provisions of subarticle 1 of this article are authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to this section is within the sole discretion of the department."
SECTION 4. Section 61-6-2005(A) of the 1976 Code is amended to read:
"(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance and the applicant:
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."
SECTION 5. Section 61-6-2010 of the 1976 Code is amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The
(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or
(c) in the case of a county or municipality where temporary permits are authorized to be issued pursuant to Section 61-6-2010 as of June 21, 1993, the question shall be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum.
(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposedd referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
SECTION 1. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended to read:
Section 61-6-2200. No A person may not serve or deliver to a purchaser of alcoholic liquors in minibottles by the drink in a business where these sales are authorized unless the person is eighteen years of age or older;. Nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.
Section 61-6-2210. The purchaser of a minibottle for on-premises consumption must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.
Section 61-6-2220. No person or establishment licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.
Section 61-6-2230. (A) No person licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a `drinking contest' or `drinking game'.
(B) For purposes of this section, `drinking contest' or `drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased
"Section 61-6-2400. Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33 of, Title 12."
SECTION 3. Section 61-6-2420 of the 1976 Code is amended to read:
"Section 61-6-2420. This article does not authorize a Class B Restaurant to sell, dispense, barter, or trade in minibottles alcoholic liquors by the drink. The law controlling Class B liquors is not affected in any manner."
SECTION 4. Section 61-6-2600 of the 1976 Code is amended to read:
"Section 61-6-2600. A Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax levied on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12 or who violates any other provision of this article must:
(1) for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;
(3) for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently; or
(4) for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION 1. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.
SECTION 2. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect on January 1, 2006. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act. /
Renumber sections to conform.
Amend title to conform.
Rep. PERRY explained the amendment.
Rep. PERRY continued speaking.
Rep. COTTY spoke against the amendment.
Rep. FUNDERBURK spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Battle Bingham Brady J. Brown R. Brown Cato Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Edge Hagood Hamilton Harrison Haskins Hayes Herbkersman J. Hines Hinson Howard Huggins Kirsh Leach Limehouse Littlejohn Mahaffey Martin McCraw Merrill Miller Moody-Lawrence Neilson Owens Phillips E. H. Pitts Rice Rutherford Sandifer Scott Sinclair Skelton G. M. Smith J. E. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker Weeks White Whitmire Witherspoon Young
Agnew Anderson Ballentine Barfield Bowers Breeland Chalk Coates Cobb-Hunter Davenport Emory Frye Funderburk Haley Hardwick Harrell M. Hines Hiott Hosey Jefferson Jennings Kennedy Lee Lucas Mack McGee McLeod J. H. Neal J. M. Neal Norman Ott Parks Perry Pinson M. A. Pitts Rhoad Simrill D. C. Smith Whipper
So, the amendment was tabled.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3347DW05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1635. Alcoholic liquor by the drink as authorized to be sold pursuant to this article may be purchased only by a person licensed pursuant to the provisions of this article.
Section 61-6-1636. (A) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a Class (A) wholesaler distributor and a federally licensed Class (B) retail liquor store.
(B) Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a federally licensed Class (A) wholesale distributor.
(C) Both Class (A) wholesale distributors and federally licensed Class (B) retail liquor stores may deliver, in sealed containers,
Section 61-6-1637. A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.
Section 61-6-1638. If a Class B retailer or Class A wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for on-premises consumption of alcoholic liquors must clearly state the transportation charge or delivery fee."
SECTION 2. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1650. (A) A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(C) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
(D) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION 3. Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:
"(B) In making the quarterly distribution to counties, the State Treasurer must shall notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that
"( ) the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION 5. Section 12-33-245 of the 1976 Code is amended to read:
"Section 12-33-245. (A) In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply. In addition to the taxes imposed pursuant to the provisions of Section 12-33-230, Section 12-33-240, and Article 5 of this chapter, and Chapter 36 of Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of sales of alcoholic liquor by the drink for on-premises consumption in establishments licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. For purposes of reporting, payment, administration, and enforcement, not including the crediting and use of the revenues of this tax, this excise tax is deemed to be imposed pursuant to Chapter 36 of this title. For purposes of this subsection, 'gross proceeds of sales' has the meaning provided in Section 12-36-90, except that the sales tax imposed pursuant to the provisions of Chapter 36 of Title 12 is not included in 'gross proceeds of sale'.
(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must shall notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may
(C) Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2004-05 for educational, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2004-05. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year.
(D) Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles shall take an inventory of minibottles in the licensee's possession as of the effective date of this section and send within sixty days a certified copy of the inventory to the department. By no later than January 1, 2006, the department shall devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date of this section, the tax rate paid on each minibottle is prorated in accordance with the terms of this section."
SECTION 6. Section 61-6-20(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:
(a)(i) wine when manufactured or made for home consumption and which is not sold by the maker thereof of the wine or by another person; or
(b)(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating;.
(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."
SECTION 7. Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess
The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under pursuant to the provisions of Article 5 of this chapter. Establishments An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."
SECTION 8. Section 61-6-1300 of the 1976 Code, as added by Act 415 of 1996, is amended by adding at the end:
"(8) A manufacturer, distiller, importer, or wholesaler of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesaler of alcoholic liquors.
(9) A wholesaler of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing a federal Class B license or any other alcoholic liquor retail license. A wholesaler of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to the holder of a federal Class B license, or the holder of any other alcoholic liquor retail license."
SECTION 9. Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:
"Section 61-6-1500. (A) No A retail dealer may not:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;
(3) sell, barter, exchange, give, transfer, or deliver, or offer for sale, barter, or exchange or permit the sale, barter, exchange, or gift, transfer, or delivery of alcoholic liquors:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person;
(4)(2) permit the drinking of alcoholic liquors in his store or place of business, except as otherwise provided or allowed by law;
(5)(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors, and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(6)(4) redeem proof-of-purchase certificates for any promotional item.
However, during restricted hours a retail dealers are dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
The provisions of this section relating to quantities of less than two hundred milliliters do not apply to (1) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption or (2) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(B)(1) The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:
(a) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or
(b) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.
(2) It is unlawful for a person, or his agent, licensed to sell alcoholic liquors under pursuant to the provisions of this section to
(3) A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.
(4) It is unlawful to sell minibottles except during lawful hours of operation.
(5) A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, "a person licensed under Article 5 of this chapter" includes a person's designated agent as a purchaser.
(C) A retail dealer shall keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size."
SECTION 10. Section 61-6-1600 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1600. (A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION 11. Section 61-6-1610 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is conspicuously displayed on the main entrance to the premises and clearly visible from the outside.
(B) Notwithstanding any other another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
(C) An establishment licensed under pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.
(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license."
SECTION 12. Section 61-6-1620(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(A) This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections Section 61-6-1600 or 61-6-1610."
SECTION 13. Section 61-6-1630 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.
(B) No A person licensed under the provisions of this article may not be licensed as a retail dealer on the same premises."
SECTION 14. Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:
"Section 61-6-1825. (A) A person residing in the county in which a minibottle license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION 15. Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2000. In addition to the minibottle licenses authorized under pursuant to the provisions of subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organizations organization which authorizes these organizations an organization to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons a person with a biennial minibottle licenses are license is authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to the provisions of this section is within the sole discretion of the department."
SECTION 16. Section 61-6-2005(A) of the 1976 Code, as amended by Act 442 of 1998, is further amended to read:
"(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and:
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."
SECTION 17. Section 61-6-2010 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona
(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which that have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) Permits A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall must be one of the following:
(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or
(c) in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such for a referendum for this purpose must be paid by the county or municipality conducting the referendum.
(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must shall conduct the referendum at the time of the general election and publish and certify its results in the
"Section 61-6-2200. No A person may not serve or deliver to a purchaser alcoholic liquors in minibottles by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one."
SECTION 19. Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2400. Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION 20. Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2600. Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Section 12-33-245(A), or who violates any other another provision of this article must:
(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;
(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;
(4) for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION 21. The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.
SECTION 22. This act takes effect on January l, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Breeland J. Brown R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jefferson Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis
Mack Mahaffey Martin McCraw Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Phillips Pinson E. H. Pitts Rhoad Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Coates Funderburk Hiott Kennedy Lucas McGee McLeod Perry
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3141 (Word version) -- Reps. Scarborough, Duncan, M. A. Pitts, Umphlett, R. Brown, Whipper, Loftis and Battle: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11690AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1-23-110(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall
(1) a copy of the regulations promulgated;
(2) in the case of regulations proposing to amend an existing regulation or any clearly identifiable subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined;
(3) a request for review;
(3)(4) a brief synopsis of the regulations submitted explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;
(4)(5) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;
(5)(6) a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.
(6)(7) a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if
(7)(8) a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a).; and
(8)(9) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b).
(C) Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the
(1) the synopsis of the regulation as required by subsection (B);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by or reported favorably by the standing committee to which the regulation was referred.
(F) Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted referred to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the date of publication of the next State Register published after the end of the two-year session in which the regulation was submitted to the President and Speaker for review. Other provisions of this article notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the agency for legislative review during the next legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or
(H) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(3) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;
(3) by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40;
(4) as emergency regulations under Section 1-23-130.
(H)(I) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.
(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION 3. Section 1-23-125 of the 1976 Code is amended to read:
"Section 1-23-125. (A) The legislative committee to which a regulation is submitted is not authorized to amend a particular regulation and then introduce a joint resolution approving the regulation as amended; however, this provision does not prevent the introduction of a resolution disapproving one or more of a group of regulations submitted to the committee and approving others submitted at the same time or deleting a clearly separable portion of a single regulation and approving the balance of the regulation in the committee resolution. An agency may not withdraw from or modify a regulation under legislative review unless the agency receives written notification, as provided for in this section, from a committee that the committee by majority vote cannot approve the regulation in the form submitted.
(B) If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:
(1) withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;
(2) withdraw the regulation permanently;
(3) take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.
(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.
(D) This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.
(D) A regulation submitted to the General Assembly for review may be withdrawn by the agency for any reason. The regulation may be resubmitted by the agency for legislative review during the legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes from the previously submitted version.
(E) If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposedd and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article."
SECTION 4. Chapter 23 of Title 1 of the 1976 Code is amended by adding:
"Section 1-23-121. No fee or fine may be established, modified, or increased unless authorized by law or authorized through regulation promulgated within an agency's grant of statutory authority."
SECTION 5. This act takes effect July 1, 2005, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2005; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2005.
Renumber sections to conform.
Amend title conform.
Rep. SINCLAIR explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Chalk
Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Frye Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
J. E. Smith
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. MERRILL moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted:
H. 3652 (Word version) -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 331DW05), which was adopted:
Amend the bill, as and if amended, by deleting Section 58-5-70, SECTION 2, page 2, beginning on line 1, and inserting:
/ "Section 58-5-70. Upon the written request of a property owner requesting the municipality to extend water or sewer service, the municipality shall provide the service and levy an assessment against the property of the owner requesting the service for the costs of the service according to provisions of this section. The property owner shall agree to pay the costs, including the costs of additional capacity when necessary, either by (1) paying the costs before the municipality begins construction or (2) insuring the costs in the form of a performance bond before the municipality begins construction. This section applies only to property located within the corporate limits of a municipality. The provisions of Section 5-31-1510 are superseded by the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. SCOTT spoke against the amendment.
The amendment was then adopted by a division vote of 41 to 30.
Rep. SCARBOROUGH proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3393DW05), which was tabled:
Amend the bill, as and if amended, page 3525-1, Section 58-5-70, by striking lines 28 through 40 and inserting:
/ "Section 58-5-70. Upon the written request of a property owner requesting the municipality to extend water or sewer service, the municipality shall conduct a feasibility study of the economic impact of expanding or extending capacity of the water or sewer system. An independent party must conduct the study and the property owner must pay the costs of the study. The property owner must submit the request by certified mail, return receipt requested. From the date of the request, the municipality must complete the study within sixty days. If, after the study is completed, the economic impact negatively impacts
Rep. SCARBOROUGH explained the amendment.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. SANDIFER moved to table the amendment, which was agreed to.
Rep. SCOTT moved to table the Bill.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Brady Branham Breeland J. Brown R. Brown Coates Cobb-Hunter Cotty Davenport Delleney Funderburk Hagood Hamilton J. Hines Hiott Hosey Howard Kirsh Limehouse Lucas McGee McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson Rhoad Rice Rutherford Scott
Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Talley Taylor Thompson Vick Weeks Whipper White
Those who voted in the negative are:
Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Cato Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Dantzler Edge Frye Haley Hardwick Harrell Harrison Hayes Hinson Huggins Jefferson Jennings Leach Lee Littlejohn Loftis Mahaffey Martin McCraw Merrill Phillips E. H. Pitts M. A. Pitts Sandifer Scarborough W. D. Smith Toole Townsend Tripp Umphlett Vaughn Walker Whitmire Witherspoon
So, the Bill was tabled.
The following Bill was taken up:
H. 3235 (Word version) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN
Rep. WITHERSPOON explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Chalk Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Frye Funderburk Hagood Haley Hardwick Harrell Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Scarborough Scott Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole
Townsend Tripp Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4006 (Word version) -- Reps. Jefferson, Dantzler, Hinson, Huggins, Merrill and Umphlett: A HOUSE RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE PRESENTLY UNNAMED BOAT LANDING LOCATED IN RUSSELLVILLE IN BERKELEY COUNTY AS THE "AMOS GOURDINE BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "AMOS GOURDINE BOAT LANDING" ON THE PROPERTY THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4008 (Word version) -- Reps. Lee, Funderburk, Moody-Lawrence, Govan, Haskins, Cobb-Hunter, Hinson, Howard, Martin, Neilson, Parks and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-137 SO AS TO
H. 4009 (Word version) -- Reps. Hosey, Clyburn, Jefferson, Govan, Vick, J. Hines, Breeland, Clark and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO PROVIDE THAT A PERSON WHO SELLS OR OFFERS TO SELL ON A PERMANENT BASIS MERCHANDISE TO THE PUBLIC AT A LOCATION OPEN TO THE PUBLIC FOR THAT PURPOSE SHALL PROVIDE FREE ACCESS TO A WORKING PUBLIC RESTROOM ON THE PREMISES AT THAT LOCATION.
Referred to Committee on Labor, Commerce and Industry
Rep. MERRILL moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3857 (Word version) -- Reps. Jennings, Townsend, Neilson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT
Rep. DAVENPORT moved to reconsider the vote whereby H. 3525 (Word version) was tabled and the motion was noted.
At 6:35 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Bobby Pullum of Camden, to meet at 10:00 a.m. tomorrow.
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