South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 3182 . . . . . Wednesday, May 11, 2005

Wednesday, May 11, 2005
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 119:93: "I will never forget your precepts, for by them you have given me life."
Let us pray. God of grace and truth, move among Your people. Make us shameless and sensitive servants. Help us to use the knowledge and faith gained from the past to affect the future. Grant wisdom, courage and faith and hope and love to all who govern. Provide for these men and women Your blessings and care. Give to our Nation, President, State and all leaders Your continued grace and blessings. Keep our defenders of freedom in Your love and care. 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.

MOTION ADOPTED

Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Dr. Kenneth Clark of New York, which was agreed to.

COMMITTEE APPOINTMENT

The following was received:

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

April 28, 2005
The Honorable Jerry N. Govan, Jr.
South Carolina House of Representatives
404 Blatt Building
Columbia, S.C. 29211


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Dear Jerry:

It is with pleasure that I appoint you to serve on the Education and Public Works Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you.

Sincerely,
David H. Wilkins
Speaker of the House
Received as information.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 2928
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Specific Project Standards of Tidelands and Coastal Waters - Docks
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Withdrawn and Resubmitted May 10, 2005

Document No. 2929
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Statement of Policy, Specific Project Standards of Tidelands and Coastal Waters - Marinas
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Withdrawn and Resubmitted May 11, 2005

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY


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BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE

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STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE


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INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 422 (Word version) -- Senators McConnell, Hayes and Campsen: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND DEFINITIONS INCLUDING A DEFINITION FOR "QUALIFIED BENEFICIARY" AND AN APPLICATION OF THE STATE'S WILL CONSTRUCTION RULES TO THE CONSTRUCTION OF TRUSTS WHEN APPROPRIATE; FOR JUDICIAL PROCEEDINGS AND REPRESENTATION BY OTHERS, ESSENTIALLY RECODIFYING EXISTING VENUE, JURISDICTION, AND REPRESENTATION PROVISIONS; FOR THE RULES FOR CREATION OF TRUSTS INCLUDING THAT A SELF-SETTLED TRUST MUST BE IN WRITING, THAT A TRUST PURPOSE BE LAWFUL AND ACHIEVABLE, THAT A VALID NONCHARITABLE TRUST MAY BE CREATED WITHOUT DEFINITE BENEFICIARIES IN ONLY CERTAIN INSTANCES, THAT AN EARLY TERMINATION OR MODIFICATION OF A NONAMENDABLE IRREVOCABLE TRUST REQUIRES COURT APPROVAL, THAT A COURT MAY MODIFY THE ADMINISTRATIVE OR DISPOSITIVE


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PROVISIONS OF A TRUST, AND THAT A TRUST MAY BE TERMINATED IF IT CANNOT JUSTIFY ITS ADMINISTRATIVE COSTS, MODIFIED TO ACCOMPLISH THE SETTLOR'S TAX OBJECTIVES, OR DIVIDED OR COMBINED WITH OTHERS TO FACILITATE ADMINISTRATION; FOR RETENTION OF THE ABILITY OF THE SETTLOR'S CREDITORS TO REACH THE TRUST PROPERTY IN A TRUST; FOR THE VALIDITY SPENDTHRIFT PROVISION EXCEPT AS TO CHILD SUPPORT AND PROTECTION OF THE SPECIAL NEEDS TRUST; FOR THE PRESUMED REVOCABILITY INSTEAD OF IRREVOCABILITY OF A TRUST, CLARIFICATION OF THE MENTAL CAPACITY FOR CREATING A REVOCABLE TRUST, AND A STATUTE OF LIMITATIONS FOR CONTESTING A REVOCABLE TRUST; AND FOR RULES FOR THE OFFICE OF TRUSTEE, INCLUDING RESIGNATION AND REMOVAL, DUTIES AND POWERS OF TRUSTEES, INCLUDING THE ESSENCE OF SOUTH CAROLINA'S UNIFORM TRUSTEES POWERS ACT AND THE UNIFORM PRUDENT INVESTORS ACT, ADDING A BROADER TRUSTEE POWER AND A STANDARD OF CARE FOR TRUSTEE MATTERS IN ADDITION TO INVESTMENT AND MANAGEMENT, AND THE UNIFORM PRINCIPAL AND INCOME ACT GOVERNING FIDUCIARY ACCOUNTING PRINCIPALS, SUBSTANTIAL RETENTION OF EXISTING LAW CONCERNING LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH THEM, AND APPLICATION OF THESE PROVISIONS TO EXISTING RELATIONSHIPS; TO AMEND SECTION 27-6-50, RELATING TO EXCEPTIONS TO THE RULE AGAINST PERPETUITIES, SECTION 33-31-152, RELATING TO RIGHTS OF STATES AS TO CORPORATIONS, SECTION 34-15-10, AS AMENDED, RELATING TO A BANK ACTING AS FIDUCIARY, SECTION 62-3-703, RELATING TO GENERAL DUTIES OF A PERSONAL REPRESENTATIVE, SECTION 62-3-913, RELATING TO DISTRIBUTION BY A PERSONAL REPRESENTATIVE TO A TRUSTEE, AND SECTION 62-5-417, RELATING TO THE GENERAL DUTY OF A CONSERVATOR, ALL SO AS TO AMEND CROSS REFERENCES TO CONFORM TO THIS ACT; AND TO REPEAL SECTION 27-5-70.
Ordered for consideration tomorrow.


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Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3198 (Word version) -- Reps. Harrison, Wilkins, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 20 (Word version) -- Senators McConnell, Ritchie, Short, Elliott and Ford: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911, RELATING TO THE RECORDING OF MOTION PICTURES IN A MOTION PICTURE THEATER, SO AS TO MAKE UNLAWFUL THE RECORDING IN A MOTION PICTURE THEATER OF A MOTION PICTURE WITHOUT CONSENT; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO CREATE PENALTIES FOR SUCH ACTION.
Ordered for consideration tomorrow.


Printed Page 3189 . . . . . Wednesday, May 11, 2005

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 535 (Word version) -- Senators Hutto, Moore, Ryberg, Richardson and Pinckney: A BILL TO AMEND SECTION 50-13-237, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HARVEST OF STRIPED BASS AND STRIPED BASS HYBRIDS IN PORTIONS OF THE SAVANNAH RIVER, SO AS TO MAKE IT UNLAWFUL TO POSSESS MORE THAN TWO STRIPED BASS, STRIPED BASS HYBRIDS, WHITE BASS, OR ANY COMBINATION OF THESE SPECIES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER AND TO PROVIDE THAT ANY LAWFUL POSSESSED FISH OF EACH OF THESE SPECIES MUST BE A MINIMUM OF TWENTY-SEVEN INCHES IN TOTAL LENGTH; AND TO REPEAL SECTION 50-13-120 RELATING TO NO SIZE LIMITS ON CERTAIN FRESH WATER FISH.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 291 (Word version) -- Senators Gregory and Knotts: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AUTHORIZED FOR SALE BY THE DEPARTMENT, SO AS TO REVISE THE AGE AND FEE REQUIREMENTS FOR A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF FURBEARERS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS


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WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYER'S LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE; TO AMEND SECTION 50-11-2540, AS AMENDED, RELATING TO THE COMMERCIAL TRAPPING SEASON FOR FURBEARING ANIMALS, SO AS TO REVISE THE LENGTH OF THIS SEASON; TO AMEND SECTION 50-11-2560, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CERTAIN FUR AND FURBEARING PROVISIONS OF LAW, SO AS TO FURTHER PROVIDE FOR THOSE PROVISIONS TO WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-11-2610, RELATING TO FOX AND COYOTE HUNTING ENCLOSURE PERMITS, SO AS TO REVISE THE PERMIT YEAR; AND TO REPEAL SECTION 50-11-2500 RELATING TO PERMITS TO HOLD FURS BEYOND THE END OF THE REGULAR SEASON FOR TAKING FUR BEARING ANIMALS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S


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REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 738 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS UNTIL THE EMPLOYEE ENDS TERI PARTICIPATION; BY AMENDING SECTION 9-1-2210, RELATING TO THE TERI PROGRAM, SO AS TO REQUIRE TERI PROGRAM PARTICIPANTS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO DELAY UNTIL A MEMBER ENDS PARTICIPATION THE INCLUSION OF THE APPLICABLE AMOUNT OF THE MEMBERS UNUSED ANNUAL LEAVE IN THE CALCULATION OF AVERAGE FINAL COMPENSATION, TO PROVIDE FOR THE


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RECALCULATION OF AVERAGE FINAL COMPENSATION WHEN THE MEMBER ENDS PARTICIPATION IN TERI FOR PURPOSES OF THE MEMBERS' FUTURE RETIREMENT BENEFITS OR OF A BENEFICIARY OF FUTURE BENEFITS ON THE DEATH OF A TERI PARTICIPANT WHO ELECTED A SURVIVOR OPTION, TO PROVIDE THAT A TERI PARTICIPANT UPON ENDING TERI PARTICIPATION MUST LEAVE COVERED EMPLOYMENT AND IS NOT ELIGIBLE TO RETURN TO COVERED EMPLOYMENT WITH THE SOUTH CAROLINA RETIREMENT OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND TO PROVIDE EXCEPTIONS FOR CERTAIN TEACHERS AND PRINCIPALS; BY ADDING SECTIONS 9-1-490 AND 9-1-1520 SO AS TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, BY AMENDING SECTIONS 9-1-10, 9-1-1020, 9-1-1140, 9-1-1510, 9-1-1515, 9-1-1550, AND 9-1-1660, ALL AS AMENDED, RELATING TO DEFINITIONS, CONTRIBUTIONS, SERVICE CREDIT, RETIREMENT AND EARLY RETIREMENT, AND CALCULATION OF BENEFITS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CLOSE TWENTY-EIGHT YEARS OF CREDITABLE SERVICE RETIREMENT AT ANY AGE FOR PERSONS BEGINNING PARTICIPATION IN THE SOUTH CAROLINA RETIREMENT SYSTEM AFTER 2005, TO PROVIDE EXCEPTIONS, TO DESIGNATE THOSE PERSONS "GRANDFATHERED" AS SCRS28 PARTICIPANTS, TO DESIGNATE PARTICIPANTS AFTER 2005 AS SCRS30 PARTICIPANTS AND PROVIDE FOR THEIR RETIREMENT QUALIFICATIONS, SERVICE REQUIREMENTS, INCLUDING THE ELECTION OF CLASS B SERVICE WITH A HIGHER MULTIPLIER, HIGHER EMPLOYEE CONTRIBUTIONS, AND PENALTY FOR RETIREMENT BEFORE THIRTY YEARS OF CREDITABLE SERVICE AND TO MAKE CONFORMING AMENDMENTS; BY AMENDING 9-1-1310, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE STATE RETIREMENT SYSTEM, SO AS TO CONFORM THIS REFERENCE TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION

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ESTABLISHED IN THIS ACT AND ALLOW EQUITY INVESTMENTS AS PERMITTED IN THE CONSTITUTION OF THIS STATE; BY AMENDING SECTIONS 9-16-10, 9-16-80, AND 9-16-90, RELATING TO DEFINITIONS, MEETINGS, AND REPORTING FOR PURPOSES OF INVESTMENTS OF RETIREMENT SYSTEM FUNDS BY THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE ROLE OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED IN THIS ACT; BY AMENDING ARTICLE III, CHAPTER 9 OF THE 1976 CODE, SO AS TO REVISE THE DUTIES OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM, CONFORM THE INVESTMENT REQUIREMENTS TO THE ROLE OF THIS COMMISSION INCLUDING THE VESTING IN IT OF ALL INVESTMENT AUTHORITY AND THE ELIMINATION OF A MAXIMUM LIMIT ON EQUITY INVESTMENTS AND ESTABLISH ADDITIONAL STANDARDS OF CONDUCT FOR FIDUCIARIES; BY AMENDING SECTION 8-17-310, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION; BY AMENDING SECTION 30-4-70, AS AMENDED, RELATING TO MEETINGS EXEMPT FROM THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE PROVISIONS OF THIS ACT, TO PROVIDE FOR AN ASSUMED INVESTMENT RETURN ON RETIREMENT SYSTEM ASSETS OF NOT LESS THAN EIGHT PERCENT A YEAR, AND TO PROVIDE TRANSITION PROVISIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 204 (Word version) -- Senator J. V. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE


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SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith, Young, Jennings, Coleman, Hagood and Pinson: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J. E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J. H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D. C. Smith, G. R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS


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RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXEMPT THE VENTURE CAPITAL AUTHORITY, AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

S. 467 (Word version) -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3221 (Word version) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M. A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Toole, Viers and Hardwick: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS


Printed Page 3196 . . . . . Wednesday, May 11, 2005

POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS-SILVERXCARD ACT AND TO PROVIDE THAT THE SCRIPTS-SILVERXCARD PROGRAM MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS ARE AVAILABLE, AND TO PROVIDE THAT IF REVENUE IS GENERATED FOR THE PROGRAM FROM OTHER SOURCES, THIS ADDITIONAL REVENUE MUST BE USED TO FUND PROGRAM BENEFITS AND MAKE PAYMENTS, AS MAY BE REQUIRED, UNDER THE FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE


Printed Page 3197 . . . . . Wednesday, May 11, 2005

SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3703 (Word version) -- Reps. Vaughn, Loftis, Haskins, Davenport, Altman, Bailey, Bales, R. Brown, Cato, Ceips, Cooper, Herbkersman, Littlejohn, Rhoad, Rice and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275, SO AS TO REPLACE CALCULATION AND IMPOSITION OF A ROLLBACK PROPERTY TAX MILLAGE RATE FOR REASSESSMENT YEARS WITH A REASSESSMENT YEAR MILLAGE RATE CALCULATED TO PRODUCE NO MORE THAN ONE PERCENT ADDITIONAL PROPERTY TAX REVENUE THAN SUCH REVENUE IN THE PRECEDING YEAR; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO MILLAGE RATE LIMITATIONS ON LOCAL GOVERNING BODIES, SO AS TO DELETE AUTHORIZATION FOR MILLAGE RATE INCREASES EQUAL TO INCREASES IN THE CONSUMER PRICE INDEX WITHOUT A POSITIVE MAJORITY VOTE OF THE GOVERNING BODY; AND TO AMEND SECTION 12-37-251, AS


Printed Page 3198 . . . . . Wednesday, May 11, 2005

AMENDED, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING MILLAGE AND CALCULATION OF THE ROLLBACK TAX SO AS TO DELETE THE ROLLBACK TAX PROVISIONS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3702 (Word version) -- Reps. J. R. Smith, Loftis, Hinson, G. R. Smith, Haskins, Barfield, Vaughn, Clark, Frye, Davenport, Viers, Haley, Altman, Bailey, Cato, Ceips, Chellis, Clemmons, Dantzler, Edge, Hagood, Hamilton, Harrell, Herbkersman, Huggins, Limehouse, Littlejohn, McGee, Merrill, Perry, E. H. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, W. D. Smith, Talley, Tripp and Young: A BILL TO AMEND SECTION 59-67-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH PRIVATE INDIVIDUALS OR CONTRACTORS FOR ITS TRANSPORTATION SERVICES AND TO PROVIDE THE FORMULA BY WHICH THE STATE BUDGET AND CONTROL BOARD SHALL CALCULATE STATE AID.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

S. 305 (Word version) -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT,


Printed Page 3199 . . . . . Wednesday, May 11, 2005

INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT

Printed Page 3200 . . . . . Wednesday, May 11, 2005

OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.
Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young, Limehouse and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH, HUGHES ROAD (S-10-738), AND OLD CHARLESTON ROAD (S-10-1024) IN CHARLESTON COUNTY THE "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION".

H. 4068--ADOPTED AND SENT TO THE SENATE

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

H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young, Limehouse and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH, HUGHES ROAD (S-10-738), AND OLD CHARLESTON ROAD (S-10-1024) IN CHARLESTON COUNTY THE "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION".

Whereas, on April 29, 2005, Second Lieutenant Clifford V. Gadsden, at the age of twenty-five, made the ultimate sacrifice


Printed Page 3201 . . . . . Wednesday, May 11, 2005

defending his country, family, and friends while serving in Operation Iraqi Freedom in Taji, Iraq. While bravely serving his country and leading his soldiers, Second Lieutenant Gadsden was a victim of a roadside bombing; and

Whereas, Second Lieutenant Gadsden was born on August 6, 1979, in Charleston, South Carolina, the son of Clifford and Minerva Gadsden. He was raised in Red Top, South Carolina in a Christian atmosphere in a very large and close family and community; and

Whereas, he obtained a Bachelor of Science degree in Mechanical Engineering from South Carolina State University in 2003. In August 2003, he was commissioned as a Second Lieutenant in the Transportation Corps through the Reserve Officer Training Corps at South Carolina State University; and

Whereas, during his military service, Second Lieutenant Gadsden received the following awards: National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon. He was posthumously awarded the Bronze Star Medal and the Purple Heart; and

Whereas, in June 2004, Second Lieutenant Gadsden married his true love, Erica, and together they shared a loving home with their two children Kinshaza and Karistopher; and

Whereas, as a tribute to the bravery and heroism exhibited by Second Lieutenant Gadsden, it is fitting and proper for the members of the General Assembly to request that the Department of Transportation name an intersection in his native County of Charleston in his honor. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the intersection of United States Highway 17 South, Hughes Road (S-10-738), and Old Charleston Road (S-10-1024) in Charleston County the "Clifford V. Gadsden Memorial Intersection", and erect appropriate markers or


Printed Page 3202 . . . . . Wednesday, May 11, 2005

signs at this intersection that contain the words "Clifford V. Gadsden Memorial Intersection".

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.

CONCURRENT RESOLUTION

The following was introduced:

H. 4069 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR THIRTY YEARS OF OUTSTANDING SERVICE TO THE CITIZENS OF OUR STATE.

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

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 4070 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Without Reference


Printed Page 3203 . . . . . Wednesday, May 11, 2005

ROLL CALL

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

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Breeland               J. Brown               R. Brown
Cato                   Chalk                  Chellis
Clark                  Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hardwick               Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Merrill                Miller                 J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parks                  Perry
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 11.

Brenda Lee                        Michael Thompson
Catherine Ceips                   Karl Allen

Printed Page 3204 . . . . . Wednesday, May 11, 2005

Wallace Scarborough               Glenn Hamilton
Grady Brown                       Creighton Coleman
Walton McLeod                     Alan D. Clemmons
Tracy Edge                        Ted Vick
Becky Martin                      Fletcher Smith
Lewis E. Pinson                   Jackson "Seth"  Whipper
Olin Phillips                     Denny Neilson
William Bowers                    Todd Rutherford
H. B. "Chip" Limehouse            Edward H. "Ted" Pitts
Phillip Sinclair                  Bessie Moody-Lawrence
Douglas Jennings                  Robert Harrell

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a temporary leave of absence due to legislative business in his House District.

STATEMENT OF ATTENDANCE

Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 10.

SPECIAL PRESENTATION

Rep. TALLEY and the Spartanburg Delegation presented to the House the Dorman High School "Lady Cavaliers" Basketball Team, the 2005 Class AAAA Champions, their coach, staff and other school officials.

CO-SPONSORS ADDED

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


Printed Page 3205 . . . . . Wednesday, May 11, 2005

in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4068 (Word version)
Date:   ADD:
05/11/05   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3777 (Word version)
Date:   ADD:
05/11/05   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 4047 (Word version)
Date:   ADD:
05/11/05   MCLEOD

STATEMENT FOR THE JOURNAL

Due to a family medical emergency, I was out of the House Chamber when the tabling motion was voted on for H. 3652, the "Put Parents in Charge Bill" and I missed the vote. However, had I been present to vote, I would have voted to table the Bill.

Rep. Bessie Moody-Lawrence

SENT TO THE SENATE

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

H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION


Printed Page 3206 . . . . . Wednesday, May 11, 2005

AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.

H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.

H. 4053 (Word version) -- Reps. Govan, Wilkins, Scott, Bingham, Rivers, Rutherford, J. E. Smith, Whipper, Miller, Clyburn, McLeod, Haskins, R. Brown, Kirsh, Moody-Lawrence, Merrill, Vick, Rhoad, Ott, Anthony, Agnew, Altman, Bailey, Bales, Battle, Branham, Breeland, J. Brown, Chellis, Emory, Funderburk, Hayes, J. Hines, Hinson, Hosey, Jefferson, Lee, McGee, J. M. Neal, Neilson, Pinson, Simrill, G. M. Smith, G. R. Smith, Taylor, Umphlett, Vaughn, Harrell and Leach: A JOINT RESOLUTION TO CREATE THE ERNEST F. "FRITZ" HOLLINGS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.


Printed Page 3207 . . . . . Wednesday, May 11, 2005

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO PROVIDE THAT WHEN BONDING OF COUNTY OFFICIALS OR EMPLOYEES IS STATUTORILY REQUIRED, THE GOVERNING BODY OF A COUNTY MAY PURCHASE A FIDELITY BOND TO COVER ALL OR A PORTION OF THE COUNTY OFFICIALS AND EMPLOYEES, TO SPECIFY WHEN A FIDELITY BOND MAY BE USED INSTEAD OF CERTAIN STATUTORY BOND REQUIREMENTS, TO REQUIRE THE


Printed Page 3208 . . . . . Wednesday, May 11, 2005

PURCHASE OF A FIDELITY BOND OR THE REPLACEMENT OF AN EXISTING BOND WITH A FIDELITY BOND COVERING ONE OR MORE COUNTY OFFICIALS OR EMPLOYEES TO BE EVIDENCED BY THE PASSAGE OF A RESOLUTION BY THE COUNTY'S GOVERNING BODY, AND TO REQUIRE THE FIDELITY BOND MUST MEET OR EXCEED THE MINIMUM VALUE OF THE BOND REQUIRED BY A STATUTE FOR THE COVERED OFFICIALS OR EMPLOYEES.

S. 814--DEBATE ADJOURNED

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

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.


Printed Page 3209 . . . . . Wednesday, May 11, 2005

ORDERED TO THIRD READING

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

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.

H. 3773--SENT TO THE SENATE

The motion of Rep. E. H. PITTS to reconsider the vote whereby the following Bill was given a second reading was taken up:

H. 3773 (Word version) -- Reps. Vick, W. D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: 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 moved to table the motion to reconsider.

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

Yeas 66; Nays 24

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Battle
Brady                  Branham                G. Brown

Printed Page 3210 . . . . . Wednesday, May 11, 2005

J. Brown               R. Brown               Chalk
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Davenport
Delleney               Duncan                 Edge
Funderburk             Haley                  Hamilton
Hardwick               Harrell                Hayes
J. Hines               M. Hines               Hiott
Hosey                  Jefferson              Kennedy
Kirsh                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Miller                 J. H. Neal
Norman                 Ott                    Parks
M. A. Pitts            Rice                   Rivers
Scarborough            Simrill                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Taylor                 Thompson
Townsend               Vaughn                 Vick
Weeks                  White                  Witherspoon

Total--66

Those who voted in the negative are:

Bingham                Chellis                Clark
Dantzler               Emory                  Frye
Herbkersman            Hinson                 Huggins
Loftis                 McLeod                 Merrill
J. M. Neal             Owens                  Perry
E. H. Pitts            Sandifer               Skelton
G. M. Smith            Toole                  Umphlett
Viers                  Whitmire               Young

Total--24

So, the motion to reconsider was tabled.

The Bill was read the third time and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 3211 . . . . . Wednesday, May 11, 2005

REPORT OF STANDING COMMITTEE

Rep. M. A. PITTS, from the Committee on Greenwood Delegation, submitted a favorable report with amendments on:

S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD 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.

S. 778--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. M. A. PITTS, with unanimous consent, the following Bill was taken up for immediate consideration:

S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD 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.

Reps. M. A. PITTS, PARKS and PINSON proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3422DW05), which was adopted:
Amend the bill, as and if amended, Section 7-7-290(A), SECTION 1, page 2, by inserting after line 22:
/ (37)-Pinecrest
(38)-Maxwellton Pike /
Amend further, Section 7-7-290(B), SECTION 1, page 2, line 26, by striking / certified / and inserting / certified / and line 27 by striking / State Election Commission and the / and inserting / State Election Commission and the /.


Printed Page 3212 . . . . . Wednesday, May 11, 2005

Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

S. 814--DEBATE ADJOURNED

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

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.


Printed Page 3213 . . . . . Wednesday, May 11, 2005

S. 138--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. OTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

MOTION PERIOD

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

H. 3344--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-17-650 RELATING TO THE MISDEMEANOR OFFENSE OF COCKFIGHTING.

Reps. HARRISON, G. M. SMITH and M. A. PITTS proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\ 7527AHB05), which was adopted:


Printed Page 3214 . . . . . Wednesday, May 11, 2005

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 27, Title 16 of the 1976 Code is amended by adding:

"Section 16-27-55.   (A)   A person who violates a provision of this chapter is subject to forfeiture of:

(1)   property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and

(2)   monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.

(B)   Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:

(1)   seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;

(2)   property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;

(3)   law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4)   law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.

(C)   Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.

(D)   Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.

(E)   For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.

(F)   A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an


Printed Page 3215 . . . . . Wednesday, May 11, 2005

interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.

(G)   When property, monies, negotiable instruments, securities, or other things of value pursuant to the provisions of subsection (A) are seized, the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.

(1)   The report must include the following information:

(a)   a description of the property seized;

(b)   the circumstances of the seizure;

(c)   the present custodian and where the property is being stored or its location;

(d)   the name of the owner of the property;

(e)   the name of any lienholders of the property; and

(f)   the seizing agency.

(2)   If the property is a conveyance, the report must include the:

(a)   make, model, serial number, and year of the conveyance;

(b)   person in whose name the conveyance is registered; and

(c)   name of any lienholders.

(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:

(a)   a description of the quantity and nature of the property and money seized;

(b)   the seizing agency;

(c)   the make, model, and year of a conveyance; and

(d)   the law enforcement agency responsible for the property or conveyance seized.

(H)   Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.

(I)(1)   An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section


Printed Page 3216 . . . . . Wednesday, May 11, 2005

44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.

(2)   The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:

(a)   in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(b)   in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(3)   If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(4)   The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."
SECTION   2.   Section 16-17-650 of the 1976 Code is amended to read:

"Section 16-17-650.   (A)   It shall be a misdemeanor for any person to engage in or be present at cockfighting in this State and any person found guilty shall be fined not exceeding one hundred dollars or imprisoned for not exceeding thirty days A person who engages in or is present at cockfighting or game fowl fighting or testing is guilty of a:

(1)   misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year for a first offense;


Printed Page 3217 . . . . . Wednesday, May 11, 2005

(2)   misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second offense; or

(3)   felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years for a third or subsequent offense.

(B)   For purposes of this section, 'testing' means, allowing game fowl to engage in physical combat:

(1)   with or without spurs or other artificial items, while in the presence of more than two persons;

(2)   under any circumstances while employing spurs or other artificial items or with the injection or application of a chemical substance; or

(3)   for purposes of wagering or gambling.

(C)   A person who violates the provisions of subsection (A)(3) is subject to the forfeiture of monies, negotiable instruments, and securities specifically gained or used to engage in or further a violation of this section."
SECTION   3.   The first paragraph of Section 44-53-530(a) of the 1976 Code is amended to read:

"Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the


Printed Page 3218 . . . . . Wednesday, May 11, 2005

governmental agency which records the title or lien. Service by publication pursuant to Section 15-9-710 may only be achieved if the petitioner has also attempted service on the attorney of record for the underlying crime. If the owner of record is incarcerated in the Department of Corrections or the county detention facility for the county where the action is filed, the owner shall receive service either in person or by mail."
SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20427SD05), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety.
Amend the bill further, as and if amended, by adding the following new SECTION to be appropriately numbered to read:
/SECTION   ____.   Section 16-17-650 of the 1976 Code is amended to read:

"Section 16-17-650.   (A)   It shall be a misdemeanor felony for any person to engage in or be present at cockfighting or game fowl fighting or testing in this State and any person found guilty shall must be fined not exceeding one hundred five thousand dollars or imprisoned for not exceeding thirty days five years.

(B)   A person who violates the provisions of subsection (A) is subject to forfeiture of:


Printed Page 3219 . . . . . Wednesday, May 11, 2005

(1)   property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this section; and

(2)   monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this section.

(C)   Property subject to forfeiture pursuant to the provisions of this section may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:

(1)   seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;

(2)   property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this section;

(3)   law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4)   law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this section.

(D)   Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.

(E)   Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.

(F)   For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.

(G)   A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for appropriate security in another manner.

(H)   When property, monies, negotiable instruments, securities, or other things of value pursuant to the provisions of subsection (B) are seized, the law enforcement agency making the seizure, within ten days


Printed Page 3220 . . . . . Wednesday, May 11, 2005

or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.

(1)   The report must include the following information:

(a)   a description of the property seized;

(b)   the circumstances of the seizure;

(c)   the present custodian and where the property is being stored or its location;

(d)   the name of the owner of the property;

(e)   the name of any lienholders of the property; and

(f)   the seizing agency.

(2)   If the property is a conveyance, the report must include the:

(a)   make, model, serial number, and year of the conveyance;

(b)   person in whose name the conveyance is registered; and

(c)   name of any lienholders.

(3) In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:

(a)   a description of the quantity and nature of the property and money seized;

(b)   the seizing agency;

(c)   the make, model, and year of a conveyance; and

(d)   the law enforcement agency responsible for the property or conveyance seized.

(I)   Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.

(J)(1)   An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions this section. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.

(2)   The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:


Printed Page 3221 . . . . . Wednesday, May 11, 2005

(a)   in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(b)   in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(3)   If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(4)   The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."
Amend further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   The first paragraph of Section 44-53-530(a) of the 1976 Code is amended to read:

"Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of


Printed Page 3222 . . . . . Wednesday, May 11, 2005

the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien. Service by publication pursuant to Section 15-9-710 may only be achieved if the petitioner has also attempted service on the attorney for the owner of record. If the owner of record is incarcerated at the time forfeiture proceedings are initiated, the owner shall receive service either in person or by mail." /
Renumber sections to conform.
Amend title to conform.

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

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

Yeas 73; Nays 30

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Ballentine
Barfield               Bingham                Branham
Breeland               R. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cotty                  Dantzler
Edge                   Emory                  Funderburk
Hagood                 Haley                  Hamilton
Harrell                Harrison               Haskins
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Jefferson
Kirsh                  Leach                  Limehouse
Mack                   Martin                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Norman

Printed Page 3223 . . . . . Wednesday, May 11, 2005

Ott                    Parks                  Perry
E. H. Pitts            M. A. Pitts            Rhoad
Scarborough            Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            W. D. Smith            Talley
Taylor                 Toole                  Tripp
Umphlett               Vaughn                 Weeks
Whipper                White                  Wilkins
Young

Total--73

Those who voted in the negative are:

Anthony                Battle                 G. Brown
Coleman                Cooper                 Davenport
Delleney               Duncan                 Frye
Hayes                  Hiott                  Kennedy
Littlejohn             Lucas                  Mahaffey
McCraw                 Owens                  Phillips
Pinson                 Rice                   Rivers
Skelton                F. N. Smith            J. R. Smith
Stewart                Thompson               Townsend
Vick                   Viers                  Witherspoon

Total--30

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

RECORD FOR VOTING

I voted against H. 3344 because I do not believe that the 3rd offense should be a felony. I do support the increased fines in the Bill.

Rep. B. R. Skelton

H. 3694--AMENDED AND ORDERED TO THIRD READING

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


Printed Page 3224 . . . . . Wednesday, May 11, 2005

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), which was rejected:
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 county or municipality because their voyages are infrequent, their cruises are not principally operated for the purpose of gambling, and their itineraries predominantly involve voyages that include one or more intervening stops.
SECTION   2.   Title 3 of the 1976 Code is amended by adding:

"Chapter 11
Gambling Cruise Act

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,


Printed Page 3225 . . . . . Wednesday, May 11, 2005

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


Printed Page 3226 . . . . . Wednesday, May 11, 2005

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


Printed Page 3227 . . . . . Wednesday, May 11, 2005

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 intervening stops as defined in this chapter. Nothing herein precludes prosecution for another offense that is unlawful.

(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


Printed Page 3228 . . . . . Wednesday, May 11, 2005

(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 devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.

(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.


Printed Page 3229 . . . . . Wednesday, May 11, 2005

(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 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 does this ordinance apply to vessels described in Section 3-11-400(A) of the 1976 Code.

(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


Printed Page 3230 . . . . . Wednesday, May 11, 2005

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 States 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:


Printed Page 3231 . . . . . Wednesday, May 11, 2005

"(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 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


Printed Page 3232 . . . . . Wednesday, May 11, 2005

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   5.   Section 14-1-208(C)(8) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(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 for expenses incurred in defense of municipal and county ordinances pursuant to the mandate of Section 3-11-410;"
SECTION   6.   The exceptions for passenger cruise liners in this act are so connected with the other sections of the act that they are mutually dependent on each other as conditions and considerations for each other, so that the General Assembly would not have adopted this act without them; therefore, should these exceptions be found unconstitutional or invalid, it is the intent of the General Assembly that the entire act be found invalid.
SECTION   7.   Except as provided for in SECTION 6, if any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Chapter 11, Title 3 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


Printed Page 3233 . . . . . Wednesday, May 11, 2005

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   8.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. MILLER explained the amendment.

The amendment was then rejected by a division vote of 17 to 50.

Rep. VIERS moved to recommit the Bill to the Committee on Judiciary.

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

Rep. ALTMAN spoke in favor of the Bill.
Rep. MACK spoke in favor of the Bill.
Rep. MERRILL spoke in favor of the Bill.
Rep. EDGE spoke in favor of the Bill.
Rep. HAMILTON spoke against the Bill.
Rep. RIVERS spoke against the Bill.
Rep. G. BROWN spoke against the Bill.
Rep. MILLER spoke in favor of the Bill.

Reps. MILLER, MERRILL, EDGE and ALTMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\ 7528AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   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


Printed Page 3234 . . . . . Wednesday, May 11, 2005

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 county or municipality because their voyages are infrequent, their cruises are not principally operated for the purpose of gambling, and their itineraries predominantly involve voyages that include one or more intervening stops.
SECTION   2.   Title 3 of the 1976 Code is amended by adding:

"Chapter 11
Gambling Cruise Act

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;


Printed Page 3235 . . . . . Wednesday, May 11, 2005

(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


Printed Page 3236 . . . . . Wednesday, May 11, 2005

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


Printed Page 3237 . . . . . Wednesday, May 11, 2005

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 intervening stops as defined in this chapter. Nothing herein precludes prosecution for another offense that is unlawful.

(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.


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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 devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.

(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


Printed Page 3239 . . . . . Wednesday, May 11, 2005

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 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 does this ordinance apply to vessels described in Section 3-11-400(A) of the 1976 Code.

(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 States 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


Printed Page 3240 . . . . . Wednesday, May 11, 2005

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:


Printed Page 3241 . . . . . Wednesday, May 11, 2005

"(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   5.   Section 14-1-208(C)(8) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(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


Printed Page 3242 . . . . . Wednesday, May 11, 2005

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   6.   The exceptions for passenger cruise liners in this act are so connected with the other sections of the act that they are mutually dependent on each other as conditions and considerations for each other, so that the General Assembly would not have adopted this act without them; therefore, should these exceptions be found unconstitutional or invalid, it is the intent of the General Assembly that the entire act be found invalid.
SECTION   7.   Except as provided for in SECTION 6, if any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Chapter 11, Title 3 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   8.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

Rep. RUTHERFORD moved to recommit the Bill to the Committee on Judiciary.

Rep. ALTMAN moved to table the motion.

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

Yeas 73; Nays 38


Printed Page 3243 . . . . . Wednesday, May 11, 2005

Those who voted in the affirmative are:
Agnew                  Altman                 Anderson
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Brady                  Branham                G. Brown
J. Brown               Ceips                  Chalk
Chellis                Clark                  Clemmons
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Edge
Frye                   Funderburk             Govan
Hagood                 Haley                  Hardwick
Harrell                Harrison               J. Hines
Hinson                 Hosey                  Jefferson
Kennedy                Kirsh                  Lee
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McCraw
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Norman
Ott                    Parks                  Perry
E. H. Pitts            Rhoad                  Rivers
Sandifer               Scarborough            Simrill
Sinclair               Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vick                   White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Allen                  Ballentine             Breeland
Cato                   Coates                 Davenport
Delleney               Duncan                 Emory
Hamilton               Haskins                M. Hines
Hiott                  Howard                 Huggins
Leach                  Littlejohn             Mack
McLeod                 J. M. Neal             Owens
Phillips               Pinson                 M. A. Pitts
Rice                   Rutherford             Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart

Printed Page 3244 . . . . . Wednesday, May 11, 2005

Tripp                  Vaughn                 Viers
Weeks                  Whipper

Total--38

So, the motion to recommit the Bill was tabled.

Rep. HOWARD moved to adjourn debate on the Bill until Tuesday, May 17.

Rep. MILLER moved to table the motion.

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

Yeas 67; Nays 46

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Barfield
Battle                 Bowers                 Brady
Branham                G. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Edge                   Frye
Funderburk             Govan                  Hagood
Haley                  Harrell                Harrison
J. Hines               Hinson                 Huggins
Jefferson              Kennedy                Kirsh
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McCraw
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  Pinson                 E. H. Pitts
Rhoad                  Rivers                 Sandifer
Scarborough            Sinclair               J. E. Smith
W. D. Smith            Taylor                 Thompson
Townsend               Umphlett               White

Printed Page 3245 . . . . . Wednesday, May 11, 2005

Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Ballentine             Bingham
Breeland               J. Brown               Cato
Coates                 Davenport              Delleney
Duncan                 Emory                  Hamilton
Haskins                M. Hines               Hiott
Hosey                  Howard                 Leach
Littlejohn             Mack                   McGee
McLeod                 J. M. Neal             Norman
Owens                  Perry                  Phillips
M. A. Pitts            Rice                   Rutherford
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Toole                  Tripp                  Vaughn
Vick                   Viers                  Weeks
Whipper

Total--46

So, the motion to adjourn debate was tabled.

Rep. VIERS proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11804AC05), which was tabled:
Amend the bill, as and if amended, Section 16-19-170, page 3, immediately after line 16 by inserting:
/   (E)   This section does not apply to vessels in operation on this act's effective date./
Renumber sections to conform.
Amend title to conform.

Rep. VIERS explained the amendment.

Rep. EDGE moved to table the amendment, which was agreed to by a division vote of 61 to 16.


Printed Page 3246 . . . . . Wednesday, May 11, 2005

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

Yeas 64; Nays 52

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bailey                 Barfield               Battle
Bowers                 Brady                  Branham
G. Brown               Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Edge
Frye                   Funderburk             Govan
Hagood                 Hardwick               Harrell
Harrison               Herbkersman            J. Hines
Hinson                 Hosey                  Jefferson
Kennedy                Kirsh                  Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Norman                 Ott
Parks                  Rhoad                  Rivers
Scarborough            Sinclair               J. E. Smith
W. D. Smith            Taylor                 Townsend
Umphlett               Vaughn                 Weeks
White                  Whitmire               Wilkins
Young

Total--64

Those who voted in the negative are:

Allen                  Bales                  Ballentine
Bingham                Breeland               J. Brown
R. Brown               Cato                   Coates
Davenport              Delleney               Duncan
Emory                  Haley                  Hamilton
Haskins                Hayes                  M. Hines
Hiott                  Howard                 Huggins
Leach                  Littlejohn             Mack
McCraw                 McLeod                 J. M. Neal
Owens                  Perry                  Phillips

Printed Page 3247 . . . . . Wednesday, May 11, 2005

Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Thompson               Toole                  Tripp
Vick                   Viers                  Whipper
Witherspoon

Total--52

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

H. 3716--CONFERENCE REPORT -
INTERRUPTED DEBATE

CONFERENCE REPORT
H. 3716
The General Assembly, Columbia, S.C., May 10, 2005

The COMMITTEE OF CONFERENCE, to whom was referred: (Doc. No. P:\legwork\house\ amend\council\ggs\22166htc05.doc)

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

Amend title to conform.

Harvey S. Peeler, Jr.   James A. Battle, Jr.
John C. Land III   Lewis R. Vaughn


Printed Page 3248 . . . . . Wednesday, May 11, 2005

Hugh K. Leatherman, Sr.           Robert W. Harrell, Jr.
On Part of the Senate.            On Part of the House.

Rep. HARRELL explained the Conference Report.

Rep. HARRELL moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Conference Report.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

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

ACTING SPEAKER G. BROWN IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3716--CONFERENCE REPORT ADOPTED

Debate was resumed on the Conference Report on the following Bill, the pending question being the consideration of the Conference Report:

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. COOPER spoke in favor of the Conference Report.


Printed Page 3249 . . . . . Wednesday, May 11, 2005

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3717--FREE CONFERENCE POWERS GRANTED

Rep. HARRELL moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 8

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Bailey                 Bales
Ballentine             Barfield               Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Funderburk             Govan                  Hagood
Haley                  Hardwick               Harrell
Haskins                Hayes                  J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott

Printed Page 3250 . . . . . Wednesday, May 11, 2005

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               Townsend               Umphlett
Vaughn                 Vick                   White
Whitmire               Wilkins                Witherspoon
Young

Total--94

Those who voted in the negative are:

Frye                   Huggins                Loftis
E. H. Pitts            G. M. Smith            Toole
Tripp                  Weeks

Total--8

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. HARRELL, VAUGHN and BATTLE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3717--FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT
H. 3717
The General Assembly, Columbia, S.C., May 11, 2005

The COMMITTEE OF FREE CONFERENCE, to whom was referred: (Doc. No. P:\legwork\house\amend\council\gjk\20516htc05.doc)

H. 3717 (Word version) Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Beg leave to report that they have duly and carefully considered the same and recommend:


Printed Page 3251 . . . . . Wednesday, May 11, 2005

That the same do pass with the following amendments:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 2004-2005 the following amounts:

(1)   Debt Service   12,000,000

(2)   Barnwell Trust Fund   4,527,866

(3)     Department Of Commerce

Repay Insurance Reserve Fund   3,500,000

(4)   State Department Of Education

(A)   School Buses   7,584,957

(B)   Governor's School For The Arts

Deferred Maintenance   775,000

(C)   Governor's School - Math & Science

Deferred Maintenance   775,000

(5)   Department Of Social Services

(A)   Child Support Enforcement

Computer System   11,500,000

(B)   Greenville Urban League   86,000

(6)   Educational Television Commission

Education Satellite Service   1,400,000

(7)   Wil Lou Gray Opportunity School

HVAC   2,000,000

(8)   Francis Marion University

College of Nursing Building   1,500,000

(9)   Board For Technical And Comprehensive Education

Orangeburg Technical College   2,000,000

(10)   Department Of Public Safety

(A)   Vehicles For New Law Enforcement Officers   3,724,080

(B)   Vehicles To Replace Existing High

Mileage Vehicles   3,000,000

(C)   Renovation Of Criminal Justice Academy

Roof, Dormitories & Classrooms   1,500,000

(D)   One-Time Costs For Consolidation

Of Dispatch Offices   200,000

(11)   Department Of Corrections

(A)   Vehicle Radio & Security   1,247,953


Printed Page 3252 . . . . . Wednesday, May 11, 2005

(B)   Second Chance Barn & Facilities   50,000

(12)   Department Of Juvenile Justice

(A)   New Dorm   2,300,000

(B)   Deferred Maintenance   500,000

(13)   State Museum

Imagine Nation: Children's Museum

of the Upstate   1,200,000

(14)   Department Of Parks, Recreation & Tourism

(A)   Charlestown Landing   7,000,000

(B)   Reedy River/Bike and Walking Trail   500,000

(15)   Department Of Archives & History

Old Exchange Building   850,000

(16)   Department Of Mental Health

Veterans Nursing Homes   3,000,000

(17)   Vocational Rehabilitation

Roof Repair   600,000

(18)   Commission For The Blind

Building Life Safety Improvements   900,000

(19)   Clemson-PSA

Baruch Institute   5,000,000

(20)   School for the Deaf and the Blind

Life Safety Improvements   1,988,590

(21)   State Ports Authority - Harbor Dredging   2,400,000

(22)   Judicial Department

Technology Upgrades   3,785,000

(23)   Governor's Office-SLED

(A)   Vehicles   1,500,000

(B)   SC Amber Alert   4,000

(C)   Equipment and Training   1,000,000

(24)   Office Of Appellate Defense

Information Technology Upgrade   45,000

(25)   Workers Compensation Commission

Computer Database   886,180

(26)   Department Of Consumer Affairs

Computer Platform- DOTNET System   300,000

(27)   Legislative Audit Council

Equipment   4,400

(28)   Budget & Control Board

(A)   SCEIS   5,500,000

(B)   National Guard Pension Fund - Administration   50,000

(29)   University of South Carolina - Columbia


Printed Page 3253 . . . . . Wednesday, May 11, 2005

(A)   Gambrell Hall Repairs   500,000

(B)   West Campus Safety Improvements   400,000

(C)   Steamline Replacement/Repair   500,000

(30)   State Board for Technical and Comprehensive Education

York Technical College -

Infrastructure Project   522,000

(31)   Adjutant General's Office

(A)   Youth Challenge Program   250,000

(B)   Emergency Preparedness Federal Match   500,000

TOTAL   99,356,026

SECTION   2.   (SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items.

SECTION   3.   The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2005-2006. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.

SECTION   4.   This joint resolution takes effect thirty days after the completion of the 2004-2005 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code.     /

Amend title to conform.

The Hon. Harvey S. Peeler         The Hon. James A. Battle, Jr.
The Hon. John C. Land III         The Hon. Lewis R. Vaughn
The Hon. Hugh K. Leatherman       The Hon. Robert W. Harrell
On Part of the Senate.               On Part of the House.

Rep. HARRELL explained the Free Conference Report.

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

Yeas 101; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Bailey                 Bales

Printed Page 3254 . . . . . Wednesday, May 11, 2005

Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Funderburk             Govan
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Huggins                Jefferson              Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  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. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--101

Those who voted in the negative are:

Total--0

So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.


Printed Page 3255 . . . . . Wednesday, May 11, 2005

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 2005
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:40 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 739:

S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".

Very respectfully,
President
Received as information.


Printed Page 3256 . . . . . Wednesday, May 11, 2005

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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. 3716:

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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 Leatherman, Land, and Peeler of the Committee of Free Conference on the part of the Senate on H. 3717:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Very respectfully,
President
Received as information.


Printed Page 3257 . . . . . Wednesday, May 11, 2005

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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 Free Conference on H. 3717:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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 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.


Printed Page 3258 . . . . . Wednesday, May 11, 2005

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 62, S. 764 (Word version) by a vote of 46 to 0:
R. 62, S. 764 -- Senator Short: AN ACT 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 PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

Very respectfully,
President

SPEAKER PRO TEMPORE IN CHAIR

R. 62, S. 764--ORDERED PRINTED IN THE JOURNAL

The SPEAKER PRO TEMPORE ordered the following veto printed in the Journal:

May 9, 2005
The Honorable André Bauer
President of the Senate


Printed Page 3259 . . . . . Wednesday, May 11, 2005

State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 764 (Word version), R. 62:

AN ACT 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 PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

This veto is based on my belief that this Bill is unconstitutional. S. 764, R. 62 proposes to establish the Registration and Elections Commission of Chester County. As such, S. 764, R. 62, affects only Chester County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 764, R. 62 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 764, R. 62 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 3260 . . . . . Wednesday, May 11, 2005

R. 62, S. 764--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R62) S. 764 (Word version) -- Senator Short: AN ACT 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 PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

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

Yeas 5; Nays 0

Those who voted in the affirmative are:

J. Brown               Coleman                Delleney
McCraw                 Weeks

Total--5

Those who voted in the negative are:

Total--0

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

SPEAKER IN CHAIR


Printed Page 3261 . . . . . Wednesday, May 11, 2005

HOUSE RESOLUTION

The following was introduced:

H. 4071 (Word version) -- Reps. G. R. Smith and Leach: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE BELL'S CROSSING ELEMENTARY SCHOOL'S PARENT TEACHER ASSOCIATION FOR THEIR SUPERIOR COMMITMENT TO THE EDUCATION AND GROWTH OF SOUTH CAROLINA SCHOOL CHILDREN AS EVIDENCED BY THEIR OUTSTANDING PTA UNIT AWARD FOR THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4072 (Word version) -- Reps. G. R. Smith and Leach: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE FACULTY, STAFF, SCHOOL OFFICIALS, AND PARENT MEMBERS OF THE BELL'S CROSSING ELEMENTARY SCHOOL'S PARENT TEACHER ASSOCIATION, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE TO HONOR AND CONGRATULATE THEM ON THEIR WINNING OF THE 2005 OUTSTANDING PTA UNIT AWARD FOR THE STATE OF SOUTH CAROLINA.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the faculty, staff, school officials, and parent members of the Bell's Crossing Elementary School's Parent Teacher Association, at a date and time to be determined by the Speaker, for the purpose of honoring and congratulating them on their winning of the 2005 Outstanding PTA Unit Award for the State of South Carolina.

The Resolution was adopted.


Printed Page 3262 . . . . . Wednesday, May 11, 2005

HOUSE RESOLUTION

The following was introduced:

H. 4073 (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, DECEMBER 1, 2005, AND FRIDAY, DECEMBER 2, 2005, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4074 (Word version) -- Reps. Bowers, R. Brown and McLeod: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM HARRY CONE, JR. OF COLLETON COUNTY FOR SIXTEEN YEARS OF SERVICE AS MAYOR OF WALTERBORO UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 834 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE FRANK ADAMS OF GADSDEN FOR BEING NAMED SOUTH CAROLINA'S 2005 STATE HANDWRITING CHAMPION IN THE NATIONAL HANDWRITING CONTEST.

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


Printed Page 3263 . . . . . Wednesday, May 11, 2005

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 835 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DR. RONALD D. BARTON, SENIOR PASTOR OF SHADY OAK BAPTIST CHURCH IN GREENVILLE, FOR HIS FAITHFUL SERVICE AND OUTSTANDING CONTRIBUTIONS TO HIS CONGREGATION AND HIS COMMITMENT TO HIS FAMILY AND COMMUNITY, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FURTHER ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 4075 (Word version) -- Reps. Lucas and Vick: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN A SCHOOL DISTRICT IS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT WHOSE BUDGET OF TOTAL EXPENDITURES, INCLUDING DEBT SERVICE, EXCEEDS SEVENTY-FIVE MILLION DOLLARS BECAUSE OF A ONE-TIME CONSTRUCTION PROJECT, THE SCHOOL DISTRICT IS EXEMPT FROM THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE.
Referred to Committee on Education and Public Works

H. 4076 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 44 SO AS TO ESTABLISH AN ON-LINE CENTRAL REGISTRY FOR ADVANCE HEALTH CARE DIRECTIVES IN THE OFFICE OF THE SECRETARY OF STATE, TO ESTABLISH FILING REQUIREMENTS AND FEES, REVOCATION PROCEDURES, AND INTERNET ACCESS REQUIREMENTS AND SAFEGUARDS, AND TO PROVIDE THAT THESE DIRECTIVES ARE NOT REQUIRED TO BE FILED TO BE VALID.
Referred to Committee on Judiciary


Printed Page 3264 . . . . . Wednesday, May 11, 2005

H. 4077 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4078 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts, Cotty, Clark, Viers, Rivers, Bowers, Hosey, Anderson, G. Brown, Leach, W. D. Smith, Rhoad, Bailey, Bales, Branham, Breeland, R. Brown, Chellis, Clyburn, Jefferson, Merrill, Neilson, Simrill, Sinclair and Young: A BILL TO AMEND SECTION 59-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF EDUCATIONAL INSTITUTIONS ON GENERAL ELECTION DAY, SO AS TO PROVIDE THAT UPON A MAJORITY VOTE OF THE BOARD OF TRUSTEES EACH SCHOOL DISTRICT MAY CHOOSE TO CLOSE ON GENERAL ELECTION DAY EACH YEAR.
On motion of Rep. DUNCAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4079 (Word version) -- Rep. Bales: A JOINT RESOLUTION TO AUTHORIZE THE MIDLANDS WORKFORCE DEVELOPMENT BOARD, UPSTATE WORKFORCE INVESTMENT BOARD, AND TRIDENT WORKFORCE INVESTMENT BOARD TO EXPEND NOT MORE THAN FIVE MILLION DOLLARS FROM THE FUNDS AVAILABLE TO THE STATE UNDER SECTION 903 OF THE REED ACT AS AUTHORIZED BY THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002 FOR THE PURPOSE OF EMPLOYER SERVICES AND RENOVATING AND EQUIPPING HIGH-TECH ONE STOP ADMINISTRATIVE OPERATIONS.
Referred to Committee on Ways and Means

S. 814--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 3265 . . . . . Wednesday, May 11, 2005

CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.

Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20517SD05), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/SECTION   ____.   Section 12-44-30(7) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding:
/"(7)   'Enhanced investment' means a project which results in a total investment:

(a)   by a single sponsor of at least two hundred million dollars, resulting in a total investment of at least four hundred million dollars when added to the previous investments, and creating at least two hundred new full-time jobs at the project;

(b)   by a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project;


Printed Page 3266 . . . . . Wednesday, May 11, 2005

(c)   by a single sponsor investing at least six hundred million dollars in this State;

(d)   at least four hundred million dollars in the building of a project consisting of gas-fired combined-cycle power facility by a sponsor which creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project and invests an additional five hundred million dollars in this State. The investment must be made by a sponsor which consists of a corporation, its subsidiaries, and its limited liability companies. The new full-time jobs requirement of this subsection does not apply to a taxpayer which paid more than fifty percent of all property taxes actually collected in the county for more than twenty-five years ending on the date of the fee agreement; or

(e)   that satisfies the requirements of Section 11-41-30(2)(a) and for which the Secretary of Commerce has delivered the certification described in Section 11-41-70(2)(a)."
SECTION   ____.   Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
/"(a)   The assessment ratio may not be lower than four percent:

(i) in the case of a single sponsor investing at least two hundred million dollars, resulting in a total investment of at least four hundred million dollars when added to previous investments by a sponsor, and creating at least two hundred new full-time jobs at a project;

(ii)   in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at a project;

(iii)   in the case of a single sponsor investing at least six hundred million dollars in this State; and

(iv)   in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that:

A.   builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that project; and

B.   invests an additional five hundred million dollars in this State; or

(v)   in the case of a project that satisfies the requirements of Section 11-41-30(2)(a) and for which the Secretary of Commerce has delivered the certification described in Section 11-41-70(2)(a)."
SECTION   ____.   Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:


Printed Page 3267 . . . . . Wednesday, May 11, 2005

/"(a)   The assessment ratio must may not be at least lower than four percent:

(i) in the case of a single sponsor investing at least two hundred million dollars, resulting in a total investment of at least four hundred million dollars when added to previous investments by a sponsor, and which is creating at least two hundred new full-time jobs at the project;

(ii)   in the case of a single sponsor investing at least four hundred million dollars and which is creating at least two hundred new full-time jobs at the project;

(iii)   in the case of a single sponsor which is investing at least six hundred million dollars in this State; or

(iv)   in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that:

A.   builds a project consisting of gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that facility project; and

B. invests an additional five hundred million dollars in this State; or

(v)   in the case of a project that satisfies the requirements of Section 11-41-30(2)(a) and for which the Secretary of Commerce has delivered the certification described in Section 11-41-70(2)(a)."   /
Renumber sections to conform.
Amend title to conform.

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

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

OBJECTION TO RECALL

Rep. FUNDERBURK asked unanimous consent to recall S. 97 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SCARBOROUGH objected.

OBJECTION TO RECALL

Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. SKELTON objected.


Printed Page 3268 . . . . . Wednesday, May 11, 2005

H. 3346--RECALLED FROM COMMITTEE ON
EDUCATION AND PUBLIC WORKS

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

H. 3346 (Word version) -- Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J. H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J. E. Smith, Clark and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND RECOMMENDATIONS TO BE IMPLEMENTED BY THE DEPARTMENT OF EDUCATION; TO PROVIDE FOR CERTAIN HEALTH AND NUTRITION SPECIALISTS TO BE EMPLOYED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION, CONTINGENT UPON AVAILABLE FUNDING; TO REQUIRE SCHOOL DISTRICTS TO CONVENE NUTRITION AND PHYSICAL ACTIVITY ADVISORY COMMITTEES; TO REQUIRE STUDENT AND SCHOOL REPORT CARDS TO CONTAIN CERTAIN HEALTH DATA; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE IMPLEMENTATION OF THIS ACT.

MOTION PERIOD

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

H. 3777--AMENDED 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,


Printed Page 3269 . . . . . Wednesday, May 11, 2005

Rivers, Scarborough, Simrill, Toole, Umphlett, Mahaffey and Bailey: 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. HAGOOD proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11811AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-605.   (A)   It is unlawful for a person to engage in any gaming, sporting, or other recreational activity in a cemetery, burial grounds, or archeological site without the express written consent of the owner or the state agency which oversees these properties or sites.

(B)   A person who violates the provisions of this section 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.

(C)   Notwithstanding the provisions of subsection (B), the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.

(D)   The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.


Printed Page 3270 . . . . . Wednesday, May 11, 2005

SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HAGOOD continued speaking.
Rep. HAGOOD spoke in favor of the amendment.
The amendment was then adopted.

Reps. SCARBOROUGH and CEIPS proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\10887MM05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-605.   (A)   It is unlawful for a person to engage in any gaming, sporting, or other recreational activity in a cemetery, burial grounds, archeological site, or in an historic site or property publicly identified by an historical marker without the express written consent of the owner or the state agency which oversees these properties or sites.

(B)   A person who violates the provisions of this section 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.

(C)   Notwithstanding the provisions of subsection (B), the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.

(D)   The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and


Printed Page 3271 . . . . . Wednesday, May 11, 2005

treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SCARBOROUGH explained the amendment.
Rep. HAGOOD spoke against the amendment.
Rep. CEIPS spoke in favor of the amendment.

Rep. SCARBOROUGH moved to table the amendment, which was agreed to by a division vote of 41 to 36.

Rep. CEIPS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20488SD05), which was tabled:
Amend the bill, as and if amended, by adding after /location/ in item (2), subsection(A) of Section 16-17-605 of the 1976 Code, as contained in SECTION 1, on line 30, page 1, /that contains information on the geocache/;
Amend further, as and if amended, by striking subsection (B) of Section 16-17-605 of the 1976 Code, as contained in SECTION 1, by inserting:
/   (B)   It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery or in an historic or archeological site or property publicly identified by an historical marker without the express written consent of the owner or entity which oversees that cemetery site or property. /
Renumber sections to conform.
Amend title to conform.

Rep. CEIPS explained the amendment.

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

Rep. CEIPS proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\10889MM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 3272 . . . . . Wednesday, May 11, 2005

/ SECTION   1.   Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-605.   (A)   For the purposes of this section:

(1)   'Geocache' means the container that serves the purpose of providing a place to store small items or logbooks which are intentionally placed by their owners.

(2)   'Geocaching' means the activity of participants using a global positioning system (GPS) device to locate the geocache or another specific location that contains information on the geocache.

(3)   'Letterboxing' means an activity similar to geocaching in which the participant takes directions and uses those directions to find a hidden object. The directions normally are in the form of a riddle, and the hidden object is a stamp that the participant uses to stamp a piece of paper to prove he has visited the site.

(B)   It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery or in an historic or archeological site or property publicly identified by an historical marker without the express written consent of the owner or entity which oversees that cemetery site or property.

(C)   A person who violates the provisions of this section 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.

(D)   Notwithstanding the provisions of subsection (C), the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.

(E)   The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   3.   This act takes effect upon approval by the Governor. /


Printed Page 3273 . . . . . Wednesday, May 11, 2005

Renumber sections to conform.
Amend title to conform.

Rep. CEIPS explained the amendment.

Rep. HAGOOD moved to table the amendment.

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

Yeas 25; Nays 69

Those who voted in the affirmative are:

Agnew                  Ballentine             Bingham
Delleney               Frye                   Funderburk
Hagood                 Haley                  Hinson
Huggins                Lucas                  McGee
Merrill                Neilson                E. H. Pitts
Rice                   Rutherford             D. C. Smith
G. M. Smith            J. E. Smith            Stewart
Talley                 Taylor                 Thompson
Weeks

Total--25

Those who voted in the negative are:

Altman                 Anderson               Bailey
Bales                  Barfield               Battle
Bowers                 Brady                  Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Coleman
Cooper                 Cotty                  Davenport
Duncan                 Edge                   Emory
Govan                  Hardwick               Harrison
Hayes                  Herbkersman            J. Hines
Hiott                  Hosey                  Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Mack                   Mahaffey               Martin
McCraw                 McLeod                 Miller

Printed Page 3274 . . . . . Wednesday, May 11, 2005

J. M. Neal             Norman                 Owens
Parks                  Perry                  M. A. Pitts
Rhoad                  Rivers                 Scarborough
Scott                  Simrill                Sinclair
Skelton                G. R. Smith            J. R. Smith
W. D. Smith            Townsend               Vaughn
White                  Whitmire               Young

Total--69

So, the House refused to table the amendment.

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

Rep. KENNEDY moved to recommit the Bill to the Committee on Judiciary.

Rep. SCOTT moved to table the motion.

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

Yeas 75; Nays 27

Those who voted in the affirmative are:

Altman                 Anderson               Bales
Barfield               Battle                 Bowers
Brady                  Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Coleman                Cooper
Cotty                  Davenport              Delleney
Duncan                 Emory                  Frye
Govan                  Hardwick               Harrell
Harrison               Hayes                  Herbkersman
Hiott                  Hosey                  Huggins
Jefferson              Jennings               Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McLeod                 Miller

Printed Page 3275 . . . . . Wednesday, May 11, 2005

Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rivers                 Scarborough            Scott
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Townsend               Vaughn                 White
Whitmire               Wilkins                Young

Total--75

Those who voted in the negative are:

Agnew                  Bailey                 Ballentine
Bingham                Dantzler               Edge
Funderburk             Hagood                 Haley
J. Hines               Hinson                 Kennedy
Kirsh                  Leach                  McGee
Merrill                Rice                   Rutherford
Simrill                G. M. Smith            J. E. Smith
Stewart                Talley                 Taylor
Thompson               Tripp                  Weeks

Total--27

So, the motion to recommit the Bill was tabled.

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

Yeas 75; Nays 29

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Barfield
Battle                 Bowers                 Brady
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Clark                  Clemmons
Clyburn                Coates                 Coleman
Cooper                 Dantzler               Davenport
Duncan                 Emory                  Frye

Printed Page 3276 . . . . . Wednesday, May 11, 2005

Govan                  Hardwick               Harrell
Hayes                  Herbkersman            J. Hines
Hiott                  Hosey                  Jefferson
Jennings               Kirsh                  Leach
Littlejohn             Mack                   Mahaffey
Martin                 McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sinclair               Skelton                J. R. Smith
W. D. Smith            Taylor                 Townsend
Tripp                  Vaughn                 Vick
White                  Whitmire               Wilkins

Total--75

Those who voted in the negative are:

Ballentine             Bingham                Chellis
Delleney               Edge                   Funderburk
Hagood                 Haley                  Haskins
Hinson                 Huggins                Kennedy
Lucas                  McGee                  Merrill
Pinson                 Rutherford             Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            Stewart                Talley
Thompson               Umphlett               Weeks
Witherspoon            Young

Total--29

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

SPEAKER IN CHAIR


Printed Page 3277 . . . . . Wednesday, May 11, 2005

H. 3227--RECOMMITTED

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 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 THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3395HTC05), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Article 11
Additional Sales, Use, and Casual Excise Tax


Printed Page 3278 . . . . . Wednesday, May 11, 2005

Section 12-36-1110.   An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION   2.   Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:

"(H)   Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION   3.   Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-155.   (A)   For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. No portion of these revenues is credited to the Education Improvement Act (EIA) Fund.

(B)   An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.

(C)   Earnings on the School Trust Fund must be credited to the School Trust Fund.

(D)   Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION   4.   Chapter 37 of Title 12 of the 1976 Code is amended by adding:

"Section 12-37-253.   (A)   After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:

(1)   levied for bonded indebtedness for capital construction for schools;


Printed Page 3279 . . . . . Wednesday, May 11, 2005

(2)   levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and

(3)   levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.

(B)   School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.

The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.

(C)   Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.

(D)   The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION   5.   A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   (A)   For purposes of this section, 'real property' means all real property, however classified for purposes of the property tax.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may


Printed Page 3280 . . . . . Wednesday, May 11, 2005

be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:

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

(2)   real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.

(C)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real property which has been transferred if the transferor retains a life estate in the real property and the transferor continues to occupy the real property as his legal residence and to real property which has been transferred to a trust if the transferor is a life beneficiary of the trust and continues to occupy the real property as his legal residence.

(D)   Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:

REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION


Printed Page 3281 . . . . . Wednesday, May 11, 2005

DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE."
B.   Section 12-27-223A of the 1976 Code is repealed.
C.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION   6.   Chapter 20 of Title 59 of the 1976 Code is amended by adding:

"Section 59-20-42.   (A)   Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.

(B)   It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.

(C)   Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
SECTION   7.   Notwithstanding the provisions of Section 6-1-320 of the 1976 Code, for a period of three years beginning July 1, 2005, and ending June 30, 2008, a local governing body pursuant to Article 3, Chapter 1 of Title 6, and if otherwise permitted to do so by law may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year, not including a percentage increase that does not exceed the total of any increase in the consumer price index and any increase in the taxing jurisdiction's population in the last completed calendar year as determined by the Board of Economic Advisors, only by a two-thirds vote of the membership of the governing body, present or not, rather than by a positive majority vote as defined therein. If there is a vacancy in the membership of the governing body, a two-thirds vote of the membership of the governing body as constituted on the date of the vote is required.
SECTION   8.   (A)   Article 3, Chapter 10 of Title 4 and Chapter 37 of Title 4 of the 1976 Code are repealed; provided, however, that the special sales taxes authorized before the effective date of this section to


Printed Page 3282 . . . . . Wednesday, May 11, 2005

support capital projects under Article 3, Chapter 10 of Title 4 and the special sales taxes or tolls authorized before the effective date of this section to support transportation infrastructure projects under Chapter 37 of Title 4 shall continue until their termination date to provide financing or debt service funding for the projects authorized.

(B)   In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
SECTION   9.   This act takes effect July 1, 2005, and for purposes of the tax exemption allowed applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

POINT OF ORDER

Rep. SKELTON raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. MCLEOD argued contra.
SPEAKER WILKINS stated that under Rule 9.3 the amendment went beyond the scope, substantial effect and impact of the original Bill. He stated further that on May 4, 2005 a similar Point of Order was raised which had been sustained. He stated that the Bill dealt with a referendum to impose a local option sales tax to pay for schools' general obligation debt while the amendment imposed a statewide two cents sales tax increase with the revenue to replace local property taxes for school district operations. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. OTT spoke against the Bill.


Printed Page 3283 . . . . . Wednesday, May 11, 2005

Rep. LITTLEJOHN spoke in favor of the Bill.
Rep. E. H. PITTS spoke against the Bill.
Rep. RHOAD spoke against the Bill.
Rep. TOOLE spoke against the Bill.
Rep. VAUGHN spoke in favor of the Bill.

Rep. OTT moved to recommit the Bill to the Committee on Ways and Means.

Rep. LITTLEJOHN moved to table the motion.

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

Yeas 43; Nays 61

Those who voted in the affirmative are:

Agnew                  Altman                 Bales
Barfield               Battle                 R. Brown
Cato                   Chalk                  Chellis
Coates                 Cooper                 Delleney
Hardwick               Harrell                Hayes
Hiott                  Limehouse              Littlejohn
Mahaffey               Martin                 McCraw
McGee                  Miller                 Norman
Owens                  Sandifer               Scarborough
Simrill                Sinclair               Skelton
J. R. Smith            Talley                 Taylor
Thompson               Townsend               Tripp
Umphlett               Vaughn                 Vick
White                  Whitmire               Wilkins
Young

Total--43

Those who voted in the negative are:

Anderson               Bailey                 Ballentine
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               Ceips                  Clark
Clemmons               Clyburn                Cobb-Hunter
Cotty                  Dantzler               Davenport

Printed Page 3284 . . . . . Wednesday, May 11, 2005

Duncan                 Edge                   Emory
Funderburk             Govan                  Hagood
Haley                  Harrison               Haskins
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Jefferson              Kirsh                  Leach
Loftis                 Lucas                  Mack
McLeod                 Merrill                J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Scott
F. N. Smith            G. R. Smith            J. E. Smith
Stewart                Toole                  Weeks
Witherspoon

Total--61

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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. 3716:

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER


Printed Page 3285 . . . . . Wednesday, May 11, 2005

PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 11, 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 Free Conference on H. 3717:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Very respectfully,
President
Received as information.

S. 165--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 11, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 165:

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF


Printed Page 3286 . . . . . Wednesday, May 11, 2005

SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003 2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS CONCERNING BEER, ALE, PORTER, AND WINE, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES AND TO REQUIRE THAT WINES OF MORE THAN TWENTY ONE PERCENT ALCOHOL ARE SOLD IN RETAIL LIQUOR STORES ONLY; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-185, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A RETAIL LIQUOR LICENSE, SO AS TO AMEND ADMINISTRATIVE LAW JUDGE DIVISION TO ADMINISTRATIVE LAW COURT; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RETAIL DEALERS' LICENSES, SO AS TO DELETE THE RESTRICTIONS ON THE SIZE OF CONTAINERS OF ALCOHOLIC LIQUORS TO BE SOLD BY RETAIL DEALERS, TO AMEND THE RESTRICTIONS ON SALE AND DELIVERY OF ALCOHOLIC LIQUORS TO THE HOURS BETWEEN SEVEN P.M. AND SEVEN A.M., AND TO AMEND THE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH ALCOHOLIC LIQUORS; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO AMEND THE AMOUNT OF

Printed Page 3287 . . . . . Wednesday, May 11, 2005

ALCOHOLIC PERCENTAGE OF WINE TO BE SOLD IN LIQUOR STORES FROM FOURTEEN PERCENT TO TWENTY ONE PERCENT IN ORDER TO CONFORM WITH THE DEFINITION OF NONALCOHOLIC BEVERAGES IN SECTION 61-4-10; TO AMEND SUBARTICLE 1, ARTICLE 5, CHAPTER 6, TITLE 61, RELATING TO BIENNIAL MINIBOTTLE LICENSES AND LICENSEES, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTIONS 61-6-1600 AND 61-6-1610, RELATING TO NONPROFITS AND BUSINESS ESTABLISHMENTS, SO AS TO DELETE THE AUTHORIZATION TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, TO PROVIDE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH BOTTLES OF ALCOHOLIC LIQUORS, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1630, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT RETAIL DEALERS WITH FEDERAL WHOLESALE BASIC PERMITS MAY DELIVER ALCOHOLIC LIQUORS TO ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS FOR ON PREMISES CONSUMPTION; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2000 AND 61-6-2005, BOTH RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS" AND TO ALLOW A REFERENDUM FOR TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF

Printed Page 3288 . . . . . Wednesday, May 11, 2005

THE SERVER OF ALCOHOLIC LIQUORS IN ON PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THAT THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61 6 2210, RELATING TO THE BREAKING OF THE SEAL OF A MINIBOTTLE, SO AS TO REQUIRE THE BREAKING OF THE SEAL BY THE PURCHASER OR SELLER WHEN THE MINIBOTTLE IS BEING SOLD FOR ON PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2220 AND 61-6-2230, RELATING TO ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; AND TO PROVIDE THAT ALL STATUTES AND REGULATIONS CONCERNING MINIBOTTLE LICENSES OR PERMITS APPLY TO THE LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS BY THE DRINK AND TO PROVIDE THAT MINIBOTTLE LICENSES OR PERMITS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE CONSIDERED TO BE PERMITS FOR ALCOHOLIC LIQUOR BY THE DRINK AFTER THE EFFECTIVE DATE OF THIS ACT.

Very respectfully,
President

On motion of Rep. COTTY, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. COTTY, KIRSH and MERRILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


Printed Page 3289 . . . . . Wednesday, May 11, 2005

S. 49--CONFERENCE REPORT ORDERED
PRINTED IN THE JOURNAL

CONFERENCE REPORT
S. 49
The General Assembly, Columbia, S.C., May 4, 2005

The COMMITTEE OF CONFERENCE, to whom was referred:

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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-290.   (A)   As used in this section:

(1)   'Health insurance plan' means a health insurance policy or health benefit plan offered by a health insurer or a health maintenance organization, including a qualified health benefit plan offered or administered by the State, or a subdivision or instrumentality of the State, that provides health insurance coverage as defined by Section 38-71-670(6);


Printed Page 3290 . . . . . Wednesday, May 11, 2005

(2)   'Mental health condition' means the following psychiatric illnesses as defined by the 'Diagnostic and Statistical Manual of Mental Disorders - Fourth Edition (DSM-IV)', and subsequent editions published by the American Psychiatric Association:

(a)   Bipolar Disorder;

(b)   Major Depressive Disorder;

(c)   Obsessive Compulsive Disorder;

(d)   Paranoid and Other Psychotic Disorder;

(e)   Schizoaffective Disorder;

(f)   Schizophrenia;

(g)   Anxiety Disorder;

(h)   Post-traumatic Stress Disorder; and

(i)     Depression in childhood and adolescence.

(3)   'Rate, term, or condition' means lifetime or annual payment limits, deductibles, copayments, coinsurance and other cost-sharing requirements, out-of-pocket limits, visit limits, and any other financial component of health insurance coverage that affects the insured.

(4)   'Settings' means either emergency, outpatient, or inpatient care.

(5)   'Modalities' means therapeutic methods or agents including, without limitation, surgery or pharmaceuticals.

(B)   A health insurance plan must provide coverage for treatment of a mental health condition and may not establish a rate, term, or condition that places a greater financial burden on an insured for access to treatment for a mental health condition than for access to treatment for a physical health condition in similar settings and treatment modalities. Any deductible or out-of-pocket limits required under a health insurance plan must be comprehensive for coverage of both mental health and physical health conditions.

(C)   A health insurance plan that does not otherwise provide for management of care under the plan, or that does not provide for the same degree of management of care for all health conditions, may provide coverage for treatment of mental health conditions through a managed care organization if the managed care organization is in compliance with regulations promulgated by the director. The regulations promulgated by the director must ensure that timely and appropriate access to care is available, that the quantity, location, and specialty distribution of health care providers is adequate, and that administrative or clinical protocols do not prevent access to medically necessary treatment for the insured.


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(D)   A health insurance plan complies with this section if at least one choice for treatment of mental health conditions provided to the insured within the plan has rates, terms, and conditions that place no greater financial burden on the insured than for access to treatment of physical conditions in similar settings and treatment modalities. The director may disapprove a plan that the director determines to be inconsistent with the purposes of this section.

(E)   To be eligible for coverage under this section for the treatment of mental illness, the treatment must be rendered by a licensed physician, licensed mental health professional, or certified mental health professional in a mental health facility that provides a program for the treatment of a mental health condition pursuant to a written treatment plan. A health insurance plan may require a mental health facility, licensed physician, or licensed or certified mental health professional to enter into a contract as a condition of providing benefits.

(F)   The provisions of this section do not:

(1)   limit the provision of specialized medical services for individuals with mental health disorders;

(2)   supersede the provisions of federal law, federal or state Medicaid policy, or the terms and conditions imposed on a Medicaid waiver granted to the State for the provision of services to individuals with mental health disorders; or

(3)   require a health insurance plan to provide rates, terms, or conditions for access to treatment for mental illness that are identical to rates, terms, or conditions for access to treatment for a physical condition."

SECTION   2.   Before July 1, 2008, the Department of Insurance shall report to the General Assembly an estimate of the impact of this act on health insurance costs.

SECTION   3.   The State Employee Insurance Program shall continue to provide mental health parity in the same manner and with the same management practices as included in the plan beginning in 2002, and is not under the jurisdiction of the Department of Insurance. The continuation by the State Employee Insurance Program of providing mental health parity in accordance with the plan set forth in 2002 constitutes compliance with this act.


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SECTION   4.   This act does not apply to a health insurance plan that is individually underwritten and does not apply to a health insurance plan provided to a small employer, as defined by Section 38-71-1330(17) of the 1976 Code.

SECTION   5.   This act takes effect June 30, 2006, and applies to health insurance plans issued or renewed on or after the effective date of this act.   /

Amend title to read:
/ 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, 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 MENTAL HEALTH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS ACT ON HEALTH INSURANCE COSTS, AND TO PROVIDE EXCEPTIONS. /

/s/The Hon. Robert W. Hayes, Jr.  /s/The Hon. Harry F. Cato
/s/The Hon. Larry A. Martin       /s/The Hon. Robert W. Leach
/s/The Hon. Linda H. Short        The Hon. Daniel L. Tripp
On Part of the Senate.                On Part of the House.

The SPEAKER ordered the Report printed in the Journal.

CONCURRENT RESOLUTION

The following was introduced:

H. 4080 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey and Sinclair: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 295 IN SPARTANBURG COUNTY FROM ITS INTERSECTION OF SOUTH CAROLINA HIGHWAY 56 TO ITS INTERSECTION WITH COUNTY ROAD C-1207 (DAIRY RIDGE ROAD) "CAMP CROFT VETERANS


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MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CAMP CROFT VETERANS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4081 (Word version) -- Reps. Agnew and Pinson: A CONCURRENT RESOLUTION JOINING THE COMMUNITIES OF ABBEVILLE IN ABBEVILLE COUNTY AND HODGES IN GREENWOOD COUNTY IN WELCOMING HOME CLOSE TO ONE HUNDRED SOUTH CAROLINA ARMY NATIONAL GUARDSMEN OF THE 111TH SIGNAL BATTALION AFTER THEIR TOUR OF ACTIVE DUTY IN IRAQ, AND EXTENDING THE GRATITUDE OF THIS STATE TO THEM AND TO THEIR FAMILIES FOR THEIR SACRIFICES IN THE NAME OF FREEDOM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4082 (Word version) -- Reps. Wilkins, 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, 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. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith,


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W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHRIST CHURCH EPISCOPAL SCHOOL "CAVALIERS" BOYS TENNIS TEAM OF GREENVILLE FOR ITS OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THEIR SEASON AND ON CAPTURING THE 2005 CLASS AA/A BOYS TENNIS STATE CHAMPIONSHIP TITLE.

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

INTRODUCTION OF BILLS

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

H. 4083 (Word version) -- Rep. Clemmons: A JOINT RESOLUTION TO PROVIDE FOR A STATEWIDE ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THIS STATE FAVOR CHANGING THE STARTING DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE.
Referred to Committee on Education and Public Works

H. 4085 (Word version) -- Rep. Townsend: A JOINT RESOLUTION TO CREATE A JOINT STUDY COMMITTEE TO EXAMINE PUBLIC AND PRIVATE SCHOOL CHOICE AND TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4084 (Word version) -- Reps. Wilkins, 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-


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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. 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, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHRIST CHURCH EPISCOPAL SCHOOL "CAVALIERS" BOYS TENNIS TEAM OF GREENVILLE, HEAD COACH BOBBY AUSTELL, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THEM ON CAPTURING THE 2005 CLASS AA/A BOYS TENNIS STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Christ Church Episcopal School "Cavaliers" Boys Tennis Team of Greenville, Head Coach Bobby Austell, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring them on capturing the 2005 Class AA/A Boys Tennis State Championship Title.

The Resolution was adopted.

MOTION ADOPTED

Rep. YOUNG moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.


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RATIFICATION OF ACTS

At 4:40 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R65, S. 424 (Word version)) -- Senators Leatherman and Ryberg: AN ACT TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT NEW LICENSE PLATES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND FARM TRUCKS MUST BE PROVIDED BY THE DEPARTMENT OF MOTOR VEHICLES AT INTERVALS THE DEPARTMENT CONSIDERS APPROPRIATE AND TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING OF SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.

(R66, S. 427 (Word version)) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO


Printed Page 3297 . . . . . Wednesday, May 11, 2005

SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

(R67, S. 506 (Word version)) -- Senator Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO PROVIDE THAT WHEN BONDING OF COUNTY OFFICIALS OR EMPLOYEES IS STATUTORILY REQUIRED, THE GOVERNING BODY OF A COUNTY MAY PURCHASE A FIDELITY BOND TO COVER ALL OR A PORTION OF THE COUNTY OFFICIALS AND EMPLOYEES, TO SPECIFY WHEN A FIDELITY BOND MAY BE USED INSTEAD OF CERTAIN STATUTORY BOND REQUIREMENTS, TO REQUIRE THE PURCHASE OF A FIDELITY BOND OR THE REPLACEMENT OF AN EXISTING BOND WITH A FIDELITY BOND COVERING ONE OR MORE COUNTY OFFICIALS OR EMPLOYEES TO BE EVIDENCED BY THE PASSAGE OF A RESOLUTION BY THE COUNTY'S GOVERNING BODY, AND TO REQUIRE THE FIDELITY BOND MUST MEET OR EXCEED THE MINIMUM VALUE OF THE BOND REQUIRED BY A STATUTE FOR THE COVERED OFFICIALS OR EMPLOYEES.

(R68, S. 581 (Word version)) -- Senator Lourie: AN ACT 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,


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LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION AND INSPECTION OF BOILERS IN THIS STATE, INCLUDING REQUIRING NATIONAL BOILER REGISTRATION AND CONFORMITY WITH NATIONAL INSTALLATION STANDARDS AND TO REQUIRE INSPECTION OF EXISTING BOILERS; 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 ADMINISTRATOR FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE FOR THE CERTIFICATION AND REGULATION OF SPECIAL BOILER INSPECTORS; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; AND TO PROVIDE CIVIL PENALTIES; AND TO AMEND SECTION 40-11-410, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING BOILER INSTALLATION SUBCLASSIFICATION REQUIREMENTS, SO AS TO AUTHORIZE CREDENTIALS FROM THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS AS SUFFICIENT FOR LICENSURE UNDER THIS SUBCLASSIFICATION.

(R69, S. 803 (Word version)) -- Senators Rankin and Elliott: AN ACT 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 SECTION 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


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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.

(R70, H. 3304 (Word version)) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J.M. Neal, Neilson, Ott, Phillips, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J.R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH


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AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

(R71, H. 3312 (Word version)) -- Reps. Witherspoon and Vick: AN ACT TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".

(R72, H. 3347 (Word version)) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL APPROVE AND ADOPT ONE VOTING SYSTEM OR MULTIPLE VOTING SYSTEMS IF IT DOES NOT APPROVE AND ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE, TO DEFINE "VOTING SYSTEM", AND TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION REGARDING THE VOTING SYSTEM ADOPTED; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHO HAS BEEN APPROVED OR IS SEEKING APPROVAL WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.


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(R73, H. 3716 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

(R74, H. 3717 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4058 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A CONCURRENT RESOLUTION CONGRATULATING THE GAFFNEY HIGH SCHOOL "INDIANS" BASKETBALL TEAM OF SPARTANBURG COUNTY ON THEIR 2005 SOUTH CAROLINA CLASS AAAA STATE TITLE, AND HONORING THE PLAYERS AND COACH MARK HUFF ON THEIR IMPRESSIVE SEASON.

H. 4060 (Word version) -- Reps. Scott, 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, 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, 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 COMMEND AND


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CONGRATULATE BLUECROSS BLUESHIELD OF SOUTH CAROLINA ON BEING NAMED 2005 CORPORATE CITIZEN OF THE YEAR BY CENTRAL SOUTH CAROLINA HABITAT FOR HUMANITY.

ADJOURNMENT

At 5:00 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Dr. Kenneth Clark of New York, to meet at 10:00 a.m. tomorrow.

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