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120th Session, 2013-2014 Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m.
Our thought for today is from Psalm 119:12: "Blessed are you, O Lord; teach me your statutes." Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WILLIAMS moved that when the House adjourns, it adjourn in memory of the four young children, twin girls Myasia and Kynasia Hawkins, Delonta Dixon, and Camaron Mason, who died in a house fire in Hartsville, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows: Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy King Loftis Long Lucas Mack McCoy McEachern W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
I came in after the roll call and was present for the Session on Wednesday, May 1. Heather Crawford Laurie Funderburk William G. Herbkersman H. B. "Chip" Limehouse Jackson "Seth" Whipper Jerry Govan Joseph Neal M.S. McLeod Phillip Lowe Terry Alexander Merita Allison Richard "Rick" Quinn
The SPEAKER granted Rep. KNIGHT a leave of absence for the day due to illness.
The SPEAKER granted Rep. ALLISON a temporary leave of absence due to a medical appointment.
Reps. DELLENEY, DOUGLAS and D. C. MOSS presented to the House the Lewisville High School "Lions" Boys Varsity Basketball Team, the 2013 Class A Champions, their coaches and other school officials.
Reps. PUTNAM, GAMBRELL, BOWEN, GAGNON and WHITE presented to the House the Powdersville High School Marching Band, the 2012 Class A Champions, their directors and other school officials.
I missed the first part of session today due to attending the funeral of my close friend and coworker, Laurie Steiner. Rep. Rick Quinn
In accordance with House Rule 5.2 below:
Bill Number: H. 3125 (Word version)
Bill Number: H. 3630 (Word version)
Bill Number: H. 3894 (Word version)
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate: H. 3366 (Word version) -- Reps. J. E. Smith, Long, Delleney, Skelton, Huggins, Allison, Toole, Felder, Cobb-Hunter and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-66-75 SO AS TO REQUIRE A HEALTH CARE PROVIDER TO GIVE A PATIENT AN OPPORTUNITY TO AUTHORIZE DISCLOSURE OF CERTAIN INFORMATION TO DESIGNATED FAMILY MEMBERS AND OTHER INDIVIDUALS AND TO AUTHORIZE THE INVOLVEMENT OF THESE FAMILY MEMBERS AND OTHER INDIVIDUALS IN THE TREATMENT OF THE PATIENT; TO SPECIFY WHEN THE OPPORTUNITY TO SIGN AN AUTHORIZATION MUST BE PROVIDED TO A PATIENT AND TO SPECIFY THE CONTENTS OF THE AUTHORIZATION; AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY FOR GOOD FAITH DISCLOSURE OF INFORMATION; AND TO AMEND SECTION 44-66-20, AS AMENDED, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO DEFINE "PATIENT" AND "TREATMENT" AND TO AMEND OTHER DEFINITIONS. H. 3941 (Word version) -- Reps. Sandifer, Harrell, Bannister, Daning, Erickson, Forrester and Gambrell: A BILL TO AMEND SECTION 6-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLITICAL SUBDIVISION'S AUTHORITY TO SET A MINIMUM WAGE, SO AS TO ALSO PROHIBIT THE MANDATE OF AN EMPLOYEE BENEFIT. H. 3960 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-35 SO AS TO REQUIRE EMPLOYERS PARTICIPATING IN A MULTIPLE EMPLOYER SELF-INSURED HEALTH PLAN TO EXECUTE HOLD HARMLESS AGREEMENTS IN WHICH THE EMPLOYER AGREES TO PAY ALL UNPAID PORTIONS OF INSURED CLAIMS, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE FORMS THAT MUST BE USED FOR THESE AGREEMENTS, AMONG OTHER THINGS. H. 4014 (Word version) -- Reps. Mitchell, Cobb-Hunter, King, Dillard, Mack, Anderson, R. L. Brown, Sandifer, Whitmire, Bingham, Bannister, Neal, Finlay, Pitts, Howard, Whipper, Quinn, Hart, Brannon, Edge, K. R. Crawford, Lucas, Harrell and Owens: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO RECONSTITUTE THE BOARD OF TRUSTEES BY REVISING THE NUMBER OF BOARD MEMBERS AND THE MANNER IN WHICH THEY ARE ELECTED TO ACCOUNT FOR THE NEW SEVENTH CONGRESSIONAL DISTRICT, PROVIDING TWO AT-LARGE SEATS FILLED BY ELECTION OF THE GENERAL ASSEMBLY AND TWO AT-LARGE SEATS FILLED BY APPOINTMENT OF THE GOVERNOR, ONE OF WHOM IS RECOMMENDED BY THE SOUTH CAROLINA STATE NATIONAL ALUMNI ASSOCIATION, TO REVISE OTHER PROVISIONS RELATING TO TERMS OF BOARD MEMBERS, AND TO PROVIDE TRANSITION PROVISIONS. H. 3856 (Word version) -- Reps. Erickson, M. S. McLeod, Spires, Mitchell, Cobb-Hunter, Long, Murphy, Munnerlyn, Sabb, King, K. R. Crawford, Jefferson, H. A. Crawford, McCoy, Robinson-Simpson, Allison, Horne, W. J. McLeod, McEachern, Dillard, Felder, Gagnon, Henderson, Nanney, Powers Norrell, Sandifer, Stavrinakis and Wood: A BILL TO AMEND SECTION 63-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT IN CHILDCARE FACILITIES, SO AS TO ALSO PROHIBIT SUCH EMPLOYMENT OF A PERSON WHO HAS BEEN CONVICTED OF UNLAWFUL CONDUCT TOWARD A CHILD, CRUELTY TO CHILDREN, OR CHILD ENDANGERMENT. H. 3567 (Word version) -- Rep. Horne: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE STATE CERTIFICATE OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" IN A RESIDENTIAL TREATMENT FACILITY BY REVISING THE TERM TO INCLUDE YOUNG ADULTS AND BY INCREASING THE ELIGIBILITY AGE FROM UNDER EIGHTEEN TO UNDER TWENTY-ONE. H. 3907 (Word version) -- Reps. Willis, Owens, Stringer, Daning, Brannon, Rivers, Kennedy, King, Mitchell, Putnam, Wells and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 56 SO AS TO AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO ACCEPT UNCERTIFIED CHECKS FOR PAYMENT FOR PRODUCTS OR SERVICES ISSUED BY THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MAY REFUSE TO PROVIDE A PERSON ANY PRODUCT OR SERVICE, EXCEPT AN IDENTIFICATION CARD, UNTIL THE PERSON HAS PAID ALL FEES OWED THE DEPARTMENT AS A RESULT OF A RETURNED CHECK, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE SPECIFIED IN SECTION 34-11-70 TO COVER THE COSTS ASSOCIATED WITH THE COLLECTION OF FEES, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A PROCESSING FEE FOR THE USE OF CREDIT CARDS, AND TO PROVIDE THAT ALL PROCESSING FEES COLLECTED PURSUANT TO THIS ARTICLE MUST BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY ITS COSTS. H. 3961 (Word version) -- Reps. Wood, Allison, Owens, Horne, Crosby, Daning, Gagnon, Govan, Hardee, Jefferson, Kennedy, Munnerlyn, J. R. Smith, Spires, Taylor, Wells, R. L. Brown and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 132 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AUTISM AWARENESS" SPECIAL LICENSE PLATES. H. 3978 (Word version) -- Reps. White and G. M. Smith: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, TO DEFINE "MEDICAID PERMIT DAY", TO SPECIFY THE MANNER IN WHICH ADDITIONAL MEDICAID PERMIT DAYS ARE ALLOCATED, TO SET FORTH COMPLIANCE STANDARDS AND PENALTIES FOR VIOLATIONS, AND TO PROVIDE CERTAIN REPORTING REQUIREMENTS. H. 3822 (Word version) -- Reps. Pitts, Loftis, Funderburk, Hixon, Norman, G. R. Smith, Lowe and Rivers: A BILL TO AMEND SECTION 23-31-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF CONCEALABLE WEAPONS PERMITS, SO AS DELETE THE DEFINITIONS OF "RESIDENT", "QUALIFIED NONRESIDENT", "PROOF OF RESIDENCE", AND "PROOF OF OWNERSHIP OF REAL PROPERTY" AND REVISE THE DEFINITIONS OF "PICTURE IDENTIFICATION", "PROOF OF TRAINING", AND "CONCEALABLE WEAPON"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALABLE WEAPONS PERMIT, SO AS TO REVISE THE REQUIREMENTS THAT MUST BE MET IN ORDER TO RECEIVE A CONCEALABLE WEAPONS PERMIT, INCREASE THE APPLICATION FEE FOR A PERMIT FOR RESIDENTS OF THE STATE TO ONE HUNDRED DOLLARS AND CREATE A NONRESIDENT APPLICATION FEE OF ONE HUNDRED FIFTY DOLLARS, ALLOW PERMIT APPLICATIONS TO BE SUBMITTED ONLINE WITH SLED, AND TO REVISE THE LIST OF PLACES WHERE A PERSON MAY NOT CARRY A CONCEALABLE WEAPON AND PROVIDE THAT A PERSON MAY NOT CARRY A CONCEALABLE WEAPON INTO A PLACE CLEARLY MARKED WITH A SIGN PROHIBITING THE CARRYING OF A CONCEALABLE WEAPON, PROVIDE THAT A PERMIT IS VALID FOR FIVE YEARS, AND TO REQUIRE SLED TO SEND A RENEWAL NOTICE AT LEAST THIRTY DAYS BEFORE A PERMIT EXPIRES; AND TO REPEAL SECTION 23-31-240 RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY. H. 3124 (Word version) -- Reps. Bingham, Taylor, Long and M. S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-315 SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, OR DISCIPLINING AN EMPLOYEE WHO REPORTS CHILD ABUSE OR NEGLECT, WHETHER REQUIRED OR PERMITTED TO REPORT; AND TO CREATE A CAUSE OF ACTION FOR REINSTATEMENT AND BACK PAY WHICH AN EMPLOYEE MAY BRING AGAINST AN EMPLOYER WHO VIOLATES THIS PROHIBITION. H. 3956 (Word version) -- Reps. Horne and Whipper: A BILL TO AMEND SECTION 61-6-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "FURNISHING LODGING" TO PROVIDE FOR AT LEAST EIGHTEEN INSTEAD OF TWENTY ROOMS THAT A BUSINESS MUST OFFER FOR ACCOMMODATIONS ON A REGULAR BASIS. H. 3919 (Word version) -- Reps. Owens, Bowen, Patrick, Taylor, Anderson, Allison, Brannon, Loftis, Ballentine, Rivers, Huggins, Knight, Simrill, King, Willis, Whitmire, McCoy, Anthony, Crosby, Neal, Clyburn, Barfield, Bedingfield, R. L. Brown, Cobb-Hunter, George, Hayes, Hiott, Hixon, Hosey, Lucas, Pope, Putnam, G. R. Smith, Wells, Wood, Whipper, Mitchell, Robinson-Simpson and Dillard: A BILL TO AMEND SECTION 59-18-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXIT EXAM REQUIRED FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ALL STUDENTS MUST TAKE THE EXIT EXAM TO GRADUATE BUT NEED NOT ATTAIN ANY MINIMUM SCORE ON THE EXIT EXAM TO GRADUATE, TO PROVIDE AN ELIGIBLE STUDENT WHO PREVIOUSLY FAILED TO RECEIVE A HIGH SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING THE EXIT EXAM MAY REENROLL IN HIGH SCHOOL AND WILL NOT HAVE TO PASS THE EXIT EXAM TO RECEIVE A HIGH SCHOOL DIPLOMA, AND TO REQUIRE THE DEPARTMENT OF EDUCATION TO REMOVE ANY CONFLICTING REQUIREMENTS AND PROMULGATE CONFORMING CHANGES IN ITS APPLICABLE REGULATIONS; TO AMEND SECTION 59-48-35, RELATING TO REQUIREMENTS FOR A DIPLOMA FROM THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, AND SECTION 59-139-60, RELATING TO THE DUTY OF THE STATE BOARD OF EDUCATION TO REVIEW STUDENT PERFORMANCE ON ASSESSMENT TESTING AND TO MONITOR THE PERFORMANCE OF SCHOOLS AND SCHOOL DISTRICTS, ALL SO AS TO MAKE CONFORMING CHANGES; AND TO CREATE THE HIGH SCHOOL ASSESSMENT STUDY COMMITTEE TO CONSIDER WHETHER THE HIGH SCHOOL ASSESSMENT PROGRAM SHOULD REMAIN THE ACCOUNTABILITY ASSESSMENT USED BY THE STATE AND TO RECOMMEND AN ALTERNATIVE IF NECESSARY, TO PROVIDE FOR THE COMPOSITION AND STAFFING OF THE STUDY COMMITTEE, TO REQUIRE THE COMMITTEE REPORT CERTAIN INFORMATION TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE TERMINATION OF THE STUDY COMMITTEE. H. 4020 (Word version) -- Rep. Allison: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2014. H. 4038 (Word version) -- Reps. Sandifer and Harrell: A BILL TO AMEND SECTION 40-22-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF THE CHAPTER CONCERNING ENGINEERS AND SURVEYORS, SO AS TO ADD AN EXEMPTION FOR CERTAIN ENGINEERS. H. 3631 (Word version) -- Reps. Daning, Crosby, Sottile, Atwater, Sabb, Erickson, Newton and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-115 SO AS TO PROVIDE FOR THE ISSUANCE OF GOLF CART PERMITS, TO REGULATE THE OPERATION OF GOLF CARTS, AND TO PROVIDE A PENALTY; AND TO REPEAL SECTION 56-2-105 RELATING TO THE ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS. H. 3561 (Word version) -- Reps. White, Stavrinakis and Merrill: A BILL TO AMEND SECTION 12-36-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ON ACCOMMODATIONS, SO AS TO DELETE CERTAIN ITEMS SUBJECT TO THE FIVE PERCENT TAX ON ADDITIONAL SURCHARGES.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2: H. 3149 (Word version) -- Rep. Tallon: A BILL TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING DEALERS IN PRECIOUS METALS, SO AS TO MODIFY THE TERM "PURCHASE"; TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT A SELLER OF PRECIOUS METALS PROVIDE CERTAIN POSITIVE IDENTIFICATION BEARING HIS PHOTOGRAPH, SO AS TO PROVIDE THIS REQUIREMENT MAY BE SATISFIED BY CERTAIN IDENTIFICATION ISSUED BY THE STATE OR THE UNITED STATES; TO AMEND SECTION 40-54-50, RELATING TO A MANDATORY PERIOD FOR WHICH A DEALER IN PRECIOUS METALS MUST HOLD PRECIOUS METALS HE PURCHASES BEFORE HE MAY SELL THE PRECIOUS METALS, SO AS TO INCREASE THE MANDATORY PERIOD AND SPECIFY LOCATION FOR HOLDING THE METALS; AND TO AMEND SECTION 40-54-80, RELATING TO PENALTIES, SO AS TO INCREASE PENALTIES FOR THE PURCHASE OF PRECIOUS METALS BY A DEALER WITH A REVOKED LICENSE.
Rep. DELLENEY proposed the following Amendment No. 2 to H. 3149 (COUNCIL\AGM\3149C002.AGM.AB13), which was adopted: "Section 40-54-100. This chapter shall not apply to the following specific transactions:
(1) a transaction between dealers of precious metals where the selling dealer has already complied with the (2) the purchase of manufactured items bought directly from the manufacturer or his authorized representatives. (3) the purchase of bulk precious metals brought directly from the commodity exchanges, banks, dealers or licensed brokers.
(4) the use of a coin strictly as legal tender." /
Rep. WEEKS spoke in favor of the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Dillard Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hodges Horne Hosey Howard Huggins Jefferson Kennedy Limehouse Loftis Long Lucas Mack McCoy McEachern W. J. McLeod Merrill Mitchell V. S. Moss Munnerlyn Murphy Nanney Newton Norman Owens Parks Patrick Pitts Pope Powers Norrell Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Wells White Whitmire Willis Wood
Those who voted in the negative are: Vick
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. OWENS moved to adjourn debate upon the following Joint Resolution until Thursday, May 2, which was adopted: H. 3989 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 4325, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BANNISTER moved to reconsider the vote whereby debate was adjourned until May 14, 2013, on the following Bill, which was agreed to: S. 22 (Word version) -- Senators Sheheen, Massey, L. Martin, Hayes, Campsen, Nicholson, Young and Alexander: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2013" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY AMENDING SECTION 1-11-10, TO DIVEST THE BUDGET AND CONTROL BOARD OF CERTAIN PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES AND TRANSFER THOSE PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES TO OTHER GOVERNMENT AGENCIES; BY AMENDING SECTION 1-11-20, TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR THE TRANSITION; BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 1, TO ESTABLISH THE EXECUTIVE BUDGET AND STRATEGIC PLANNING OFFICE WITHIN THE DEPARTMENT OF ADMINISTRATION, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE OFFICE; BY ADDING CHAPTER 2 TO TITLE 2 TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; BY ADDING CHAPTER 55 TO TITLE 11 TO ESTABLISH THE STATE FISCAL ACCOUNTABILITY AUTHORITY, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE AUTHORITY; TO AMEND CHAPTER 35, TITLE 11 BY ADDING SECTION 11-35-315 TO ESTABLISH THE PROCUREMENT OVERSIGHT BOARD, THE MEMBERSHIP ON THE BOARD, AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE BOARD; TO AMEND CHAPTER 3, TITLE 2 BY ESTABLISHING THE LEGISLATIVE FISCAL OFFICE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE OFFICE, TO AMEND TITLE 2 BY ADDING CHAPTER 79 TO ENACT THE STATE AGENCY DEFICIT PREVENTION AND RECOGNITION ACT, AND TO PROVIDE FOR THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH AGENCY DEFICIT PREVENTION AND RECOGNITION; TO AMEND CHAPTER 17, TITLE 60 TO ESTABLISH THE CONFEDERATE RELIC ROOM AND MILITARY MUSEUM COMMISSION, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMISSION; TO AMEND TITLE 2 BY ADDING A CHAPTER 9 TO ESTABLISH THE JOINT STRATEGIC TECHNOLOGY COMMITTEE, TO PROVIDE FOR THE MEMBERS ON THE COMMITTEE AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMITTEE; TO ESTABLISH THE CHARLESTON NAVY BASE MUSEUM AUTHORITY, TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ALL POWERS AND AUTHORITY GRANTED TO THE HUNLEY COMMISSION BY SPECIFIC STATUTORY AUTHORITY REFERENCED IN SECTIONS 54-7-100 AND 54-7-110; BY ADDING SECTION 1-11-185, TO PROVIDE FOR APPROVALS FOR PERMANENT IMPROVEMENT PROJECTS; BY ADDING SECTION 11-31-5, TO PROVIDE THAT STATE BOARD MEANS THE GOVERNING BODY OF THE STATE FISCAL AFFAIRS AUTHORITY; BY ADDING SECTION 11-50-65, TO PROVIDE THAT THE STATE FISCAL AFFAIRS AUTHORITY MUST PROVIDE ADMINISTRATIVE SUPPORT TO THE RURAL INFRASTRUCTURE AUTHORITY; TO AMEND SECTIONS 1-11-20, 1-11-25, 1-11-26, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-140, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435; 1-11-440, 1-15-10, CHAPTER 47, TITLE 2, 2-7-72, 2-7-73, 2-7-74, 2-7-76, 2-13-240, 2-15-50, 2-59-10, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, 10-11-90, 10-11-110, 10-11-140, 10-11-330, 11-9-610, 11-9-620, 11-9-630, 11-9-665, 11-9-670, 11-9-680, 11-9-820, 11-9-825, 11-9-830, 11-9-880, 11-9-890, 11-18-20, 11-27-10, 11-35-310, 11-35-3820, 11-35-3840, 11-35-5270, 11-37-30, 11-37-200, 11-38-20, 11-40-20, 11-40-250, 11-41-70, 11-41-80, 11-41-90, 11-41-100, 11-42-30, 11-42-40, 11-42-60, 11-43-510, 11-45-30, 11-45-55, 11-45-105, 11-49-40, 11-50-50, 11-49-100, 11-51-30, 11-51-125, 11-51-190, 11-53-20, 13-7-10, 13-7-30, 13-7-810, 13-7-830, 13-7-860, 15-78-140, 16-3-1620, 16-3-1680, 25-11-10, 25-11-80, 25-11-90, 25-11-310, 44-38-380, 44-53-530, 44-96-140, 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, 48-52-460, 48-52-635, 48-52-680, 59-109-30, 59-109-40, 59-115-20, 59-115-40, 63-11-500, 63-11-700, 63-11-730, 63-11-1110, 63-11-1140, 63-11-1310, 63-11-1340, 63-11-1360, AND 63-11-1510 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE DEPARTMENT OF ADMINISTRATION, STATE FISCAL ACCOUNTABILITY AUTHORITY, AND OTHER STATE AGENCIES, AND TO SUPPLEMENT SUCH PROVISIONS; AND TO REPEAL SECTIONS 1-30-110, 1-11-22, AND 11-11-90.
The following Bill was taken up: S. 22 (Word version) -- Senators Sheheen, Massey, L. Martin, Hayes, Campsen, Nicholson, Young and Alexander: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2013" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY AMENDING SECTION 1-11-10, TO DIVEST THE BUDGET AND CONTROL BOARD OF CERTAIN PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES AND TRANSFER THOSE PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES TO OTHER GOVERNMENT AGENCIES; BY AMENDING SECTION 1-11-20, TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR THE TRANSITION; BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 1, TO ESTABLISH THE EXECUTIVE BUDGET AND STRATEGIC PLANNING OFFICE WITHIN THE DEPARTMENT OF ADMINISTRATION, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE OFFICE; BY ADDING CHAPTER 2 TO TITLE 2 TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; BY ADDING CHAPTER 55 TO TITLE 11 TO ESTABLISH THE STATE FISCAL ACCOUNTABILITY AUTHORITY, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE AUTHORITY; TO AMEND CHAPTER 35, TITLE 11 BY ADDING SECTION 11-35-315 TO ESTABLISH THE PROCUREMENT OVERSIGHT BOARD, THE MEMBERSHIP ON THE BOARD, AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE BOARD; TO AMEND CHAPTER 3, TITLE 2 BY ESTABLISHING THE LEGISLATIVE FISCAL OFFICE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE OFFICE, TO AMEND TITLE 2 BY ADDING CHAPTER 79 TO ENACT THE STATE AGENCY DEFICIT PREVENTION AND RECOGNITION ACT, AND TO PROVIDE FOR THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH AGENCY DEFICIT PREVENTION AND RECOGNITION; TO AMEND CHAPTER 17, TITLE 60 TO ESTABLISH THE CONFEDERATE RELIC ROOM AND MILITARY MUSEUM COMMISSION, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMISSION; TO AMEND TITLE 2 BY ADDING A CHAPTER 9 TO ESTABLISH THE JOINT STRATEGIC TECHNOLOGY COMMITTEE, TO PROVIDE FOR THE MEMBERS ON THE COMMITTEE AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMITTEE; TO ESTABLISH THE CHARLESTON NAVY BASE MUSEUM AUTHORITY, TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ALL POWERS AND AUTHORITY GRANTED TO THE HUNLEY COMMISSION BY SPECIFIC STATUTORY AUTHORITY REFERENCED IN SECTIONS 54-7-100 AND 54-7-110; BY ADDING SECTION 1-11-185, TO PROVIDE FOR APPROVALS FOR PERMANENT IMPROVEMENT PROJECTS; BY ADDING SECTION 11-31-5, TO PROVIDE THAT STATE BOARD MEANS THE GOVERNING BODY OF THE STATE FISCAL AFFAIRS AUTHORITY; BY ADDING SECTION 11-50-65, TO PROVIDE THAT THE STATE FISCAL AFFAIRS AUTHORITY MUST PROVIDE ADMINISTRATIVE SUPPORT TO THE RURAL INFRASTRUCTURE AUTHORITY; TO AMEND SECTIONS 1-11-20, 1-11-25, 1-11-26, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-140, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 1-11-440, 1-15-10, CHAPTER 47, TITLE 2, 2-7-72, 2-7-73, 2-7-74, 2-7-76, 2-13-240, 2-15-50, 2-59-10, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, 10-11-90, 10-11-110, 10-11-140, 10-11-330, 11-9-610, 11-9-620, 11-9-630, 11-9-665, 11-9-670, 11-9-680, 11-9-820, 11-9-825, 11-9-830, 11-9-880, 11-9-890, 11-18-20, 11-27-10, 11-35-310, 11-35-3820, 11-35-3840, 11-35-5270, 11-37-30, 11-37-200, 11-38-20, 11-40-20, 11-40-250, 11-41-70, 11-41-80, 11-41-90, 11-41-100, 11-42-30, 11-42-40, 11-42-60, 11-43-510, 11-45-30, 11-45-55, 11-45-105, 11-49-40, 11-50-50, 11-49-100, 11-51-30, 11-51-125, 11-51-190, 11-53-20, 13-7-10, 13-7-30, 13-7-810, 13-7-830, 13-7-860, 15-78-140, 16-3-1620, 16-3-1680, 25-11-10, 25-11-80, 25-11-90, 25-11-310, 44-38-380, 44-53-530, 44-96-140, 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, 48-52-460, 48-52-635, 48-52-680, 59-109-30, 59-109-40, 59-115-20, 59-115-40, 63-11-500, 63-11-700, 63-11-730, 63-11-1110, 63-11-1140, 63-11-1310, 63-11-1340, 63-11-1360, AND 63-11-1510 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE DEPARTMENT OF ADMINISTRATION, STATE FISCAL ACCOUNTABILITY AUTHORITY, AND OTHER STATE AGENCIES, AND TO SUPPLEMENT SUCH PROVISIONS; AND TO REPEAL SECTIONS 1-30-110, 1-11-22, AND 11-11-90.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 22 (COUNCIL\DKA\22C004.DKA.SD13):
Citation SECTION 1. This act may be cited as the "South Carolina Restructuring Act of 2013".
Budget and Control Board Abolished
SECTION 2. A. Effective July 1, 2014, the State Budget and Control Board, and its related divisions and offices, is abolished and its duties and functions specified by law, except as otherwise provided, are devolved upon the Department of Administration.
Department of Administration SECTION 3. Section 1-30-10(A) of the 1976 Code, as last amended by Act 222 of 2012, is further amended by adding a new item to be appropriately numbered at the end:
"___. Department of Administration" "Section 1-30-125. (A) Effective July 1, 2014, the following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i) except that this appointment must be upon the advice and consent of the Senate: (1) Division of General Services including Facilities Management, Business Services together with Fleet Management, and Property Services; (2) Office of Human Resources; (3) Office of Executive Policy and Programs; (4) Office of Economic Opportunity; (5) Developmental Disabilities Council; (6) Children's Foster Care as established by Article 7, Chapter 11, Title 63; (7) Veterans Affairs as established by Section 25-11-10; (8) Commission on Women as established by Section 1-15-10; (9) Victims Assistance as established by Article 13, Chapter 3, Title 16; (10) Division of State Information Technology of the State Budget and Control Board; (11) Division of Procurement Services of the State Budget and Control Board; (12) Guardian Ad Litem program as established by Section 63-11-500; (13) Children's Case Resolution System as provided for in Section 63-11-1110; (14) Division of Small and Minority Business Contracting and Certification as established by Section 11-35-5270, formerly known as the Small and Minority Business Assistance Office; and (15) Continuum of Care for Emotionally Disturbed Children as established by Section 63-11-1310. (B)(1) There is established, within the Department of Administration, the Executive Budget Office which shall support the Office of the Governor by conducting analysis, implementing and monitoring the annual general appropriations act, and evaluating program performance.
(2) The Executive Budget Office shall use the existing resources of the organizations transferred to the Department of Administration including, but not limited to, funding, personnel, equipment, and supplies. Vacant FTE's at the former State Budget and Control Board also may be used to fill needed positions for the office." (B) Regulations promulgated by these transferred offices as they formerly existed under the former Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration or other entities, including those newly created by the provisions of this act. (C)(1) The Code Commissioner is directed to change or correct all references to these offices of the former Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration or other entities, including those newly created by the provisions of this act. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. (2) On or before July 1, 2014, the Code Commissioner also shall prepare and deliver a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives concerning appropriate and conforming changes to the 1976 Code of Laws reflecting the provisions of this act.
Legislative Oversight of Executive Departments SECTION 6. Title 2 of the 1976 Code is amended by adding:
Legislative Oversight of Executive Departments Section 2-2-5. The General Assembly finds and declares the following to be the public policy of the State of South Carolina: (1) Section 1 of Article XII of the constitution of this State requires the General Assembly to provide for appropriate agencies to function in the areas of health, welfare, and safety and to determine the activities, powers, and duties of these agencies and departments. (2) This constitutional duty is a continuing and ongoing obligation of the General Assembly that is best addressed by periodic review of the programs of the agencies and departments and their responsiveness to the needs of the state's citizens by the standing committees of the State Senate or House of Representatives. Section 2-2-10. As used in this chapter: (1) 'Agency' means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive or judicial departments of state government, including administrative bodies. 'Agency' includes a body corporate and politic established as an instrumentality of the State. 'Agency' does not include: (a) the legislative department of state government; or (b) a political subdivision. (2) 'Investigating committee' means any standing committee or subcommittee of a standing committee exercising its authority to conduct an oversight study and investigation of an agency within the standing committee's subject matter jurisdiction. (3) 'Program evaluation report' means a report compiled by an agency at the request of an investigating committee that may include, but is not limited to, a review of agency management and organization, program delivery, agency goals and objectives, compliance with its statutory mandate, and fiscal accountability. (4) 'Request for information' means a list of questions that an investigating committee serves on a department or agency under investigation. The questions may relate to any matters concerning the department or agency's actions that are the subject of the investigation. (5) 'Standing committee' means a permanent committee with a regular meeting schedule and designated subject matter jurisdiction that is authorized by the Rules of the Senate or the Rules of the House of Representatives. Section 2-2-20. (A) Beginning January 1, 2015, each standing committee shall conduct oversight studies and investigations on all agencies within the standing committee's subject matter jurisdiction at least once every five years in accordance with a schedule adopted as provided in this chapter. (B) The purpose of these oversight studies and investigations is to determine if agency laws and programs within the subject matter jurisdiction of a standing committee: (1) are being implemented and carried out in accordance with the intent of the General Assembly; and (2) should be continued, curtailed, or eliminated. (C) The oversight studies and investigations must consider: (1) the application, administration, execution, and effectiveness of laws and programs addressing subjects within the standing committee's subject matter jurisdiction; (2) the organization and operation of state agencies and entities having responsibilities for the administration and execution of laws and programs addressing subjects within the standing committee's subject matter jurisdiction; and (3) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation addressing subjects within the standing committee's subject matter jurisdiction. Section 2-2-30. (A) The procedure for conducting the oversight studies and investigations is provided in this section. (B)(1) The President Pro Tempore of the Senate, upon consulting with the chairmen of the standing committees in the Senate and the Clerk of the Senate, shall determine the agencies for which each standing committee shall conduct oversight studies and investigations. A proposed five-year review schedule must be published in the Senate Journal on the first day of session each year. (2) In order to accomplish the requirements of this chapter, the chairman of each standing committee shall schedule oversight studies and investigations for the agencies for which his standing committee is the investigating committee and may: (a) coordinate schedules for conducting oversight studies and investigations with the chairmen of other standing committees; and (b) appoint joint investigating committees to conduct the oversight studies and investigations including, but not limited to, joint committees of the Senate and House of Representatives or joint standing committees of concurrent subject matter jurisdiction within the Senate or within the House of Representatives. (3) Chairmen of standing committees having concurrent subject matter jurisdiction over an agency or the programs and law governing an agency by virtue of the Rules of the Senate or Rules of the House of Representatives, may request that a joint investigating committee be appointed to conduct the oversight study and investigation for an agency. (C)(1) The Speaker of the House of Representatives, upon consulting with the chairmen of the standing committees in the House of Representatives and the Clerk of the House of Representatives, shall determine the agencies for which each standing committee shall conduct oversight studies and investigations. A proposed five-year review schedule must be published in the House Journal on the first day of session each year. (2) In order to accomplish the requirements of this chapter, the chairman of each standing committee shall schedule oversight studies and investigations for the agencies for which his standing committee is the investigating committee and may: (a) coordinate schedules for conducting oversight studies and investigations with the chairmen of other standing committees; and (b) appoint joint investigating committees to conduct the oversight studies and investigations including, but not limited to, joint committees of the Senate and House of Representatives or joint standing committees of concurrent subject matter jurisdiction within the Senate or within the House of Representatives. (3) Chairmen of standing committees having concurrent subject matter jurisdiction over an agency or the programs and law governing an agency by virtue of the Rules of the Senate or Rules of the House of Representatives, may request that a joint investigating committee be appointed to conduct the oversight study and investigation for the agency. (D) The chairman of an investigating committee may vest the standing committee's full investigative power and authority in a subcommittee. A subcommittee conducting an oversight study and investigation of an agency: (1) shall make a full report of its findings and recommendations to the standing committee at the conclusion of its oversight study and investigation, and (2) shall not consist of fewer than three members. Section 2-2-40. (A) In addition to the scheduled five-year oversight studies and investigations, a standing committee of the Senate or the House of Representatives may by a two-thirds vote of the standing committee's membership initiate an oversight study and investigation of an agency within its subject matter jurisdiction. The motion calling for the oversight study and investigation must state the subject matter and scope of the oversight study and investigation. The oversight study and investigation must not exceed the scope stated in the motion or the scope of the information uncovered by the investigation. (B) Nothing in the provisions of this chapter prohibits or restricts the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or chairmen of standing committees from fulfilling their constitutional obligations by authorizing and conducting legislative investigations into agencies' functions, duties, and activities. Section 2-2-50. When an investigating committee conducts an oversight study and investigation or a legislative investigation is conducted pursuant to Section 2-2-40(B), evidence or information related to the investigation may be acquired by any lawful means, including, but not limited to: (A) serving a request for information on the agency being studied or investigated. The request for information must be answered separately and fully in writing under oath and returned to the investigating committee within forty-five days after being served upon the department or agency. The time for answering a request for information may be extended for a period to be agreed upon by the investigating committee and the agency for good cause shown. The head of the department or agency shall sign the answers verifying them as true and correct. If any question contains a request for records, policies, audio or video recordings, or other documents, the question is not considered to have been answered unless a complete set of records, policies, audio or video recordings or other documents is included with the answer; (B) deposing witnesses upon oral examination. A deposition upon oral examination may be taken from any person that the investigating committee has reason to believe has knowledge of the activities under investigation. The investigating committee shall provide the person being deposed and the agency under investigation with no less than ten days notice of the deposition. The notice to the agency shall state the time and place for taking the deposition and name and address of each person to be examined. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena must be attached to or included in the notice. The deposition must be taken under oath administered by the chairman of the investigating committee or his designee. The testimony must be taken stenographically or recorded by some other means and may be videotaped. A person may be compelled to attend a deposition in the county in which he resides or in Richland County; (C) issuing subpoenas to employees of the agency and subpoenas duces tecum for papers and documents in the possession of the state agency or its employees pursuant to Chapter 69 of this title; and (D) requiring the agency to prepare and submit to the investigating committee a program evaluation report by a date specified by the investigating committee. The investigating committee shall specify the agency program or programs or agency operations that it is studying or investigating and the information to be contained in the program evaluation report. Section 2-2-60. (A) An investigating committee's request for a program evaluation report must contain: (1) the agency program or operations that it intends to investigate; (2) the information that must be included in the report; and (3) the date that the report must be submitted to the committee. (B) An investigating committee may request that the program evaluation report contain any of the following information: (1) enabling or authorizing law or other relevant mandate, including any federal mandates; (2) a description of each program administered by the agency identified by the investigating committee in the request for a program evaluation report, including the following information: (a) established priorities, including goals and objectives in meeting each priority; (b) performance criteria, timetables, or other benchmarks used by the agency to measure its progress in achieving its goals and objectives; (c) an assessment by the agency indicating the extent to which it has met the goals and objectives, using the performance criteria. When an agency has not met its goals and objectives, the agency shall identify the reasons for not meeting them and the corrective measures the agency has taken to meet them in the future; (3) organizational structure, including a position count, job classification, and organization flow chart indicating lines of responsibility; (4) financial summary, including sources of funding by program and the amounts allocated or appropriated and expended over the last ten years; (5) identification of areas where the agency has coordinated efforts with other state and federal agencies in achieving program objectives and other areas in which an agency could establish cooperative arrangements including, but not limited to, cooperative arrangements to coordinate services and eliminate redundant requirements; (6) identification of the constituencies served by the agency or program, noting any changes or projected changes in the constituencies; (7) a summary of efforts by the agency or program regarding the use of alternative delivery systems, including privatization, in meeting its goals and objectives; (8) identification of emerging issues for the agency; (9) a comparison of any related federal laws and regulations to the state laws governing the agency or program and the rules implemented by the agency or program; (10) agency policies for collecting, managing, and using personal information over the Internet and nonelectronically, information on the agency's implementation of information technologies; (11) a list of reports, applications, and other similar paperwork required to be filed with the agency by the public. The list must include: (a) the statutory authority for each filing requirement; (b) the date each filing requirement was adopted or last amended by the agency; (c) the frequency that filing is required; (d) the number of filings received annually for the last five years and the number of anticipated filings for the next five years; (e) a description of the actions taken or contemplated by the agency to reduce filing requirements and paperwork duplication; (12) any other relevant information specifically requested by the investigating committee. (C) All information contained in a program evaluation report must be presented in a concise and complete manner. (D) The chairman of the investigating committee may direct the Legislative Audit Council to perform a study of the program evaluation report and report its findings to the investigating committee. The chairman also may direct the Legislative Audit Council to perform its own audit of the program or operations being studied or investigated by the investigating committee. (E) A state agency that is vested with revenue bonding authority may submit annual reports and annual external audit reports conducted by a third party in lieu of a program evaluation report. Section 2-2-70. All testimony given to the investigating committee must be under oath. Section 2-2-80. Any witness testifying before or deposed by the investigating committee may have counsel present to advise him. The witness or his counsel may, during the time of testimony or deposition, object to any question detrimental to the witness' interests and is entitled to have a ruling by the chairman on any objection. In making his ruling, the chairman of the investigating committee shall follow as closely as possible the procedures and rules of evidence observed by the circuit courts of this State. Section 2-2-90. A witness shall be given the benefit of any privilege which he may have claimed in court as a party to a civil action. Section 2-2-100. Any person who appears before a committee or subcommittee of either house, pursuant to this chapter, and wilfully gives false, materially misleading, or materially incomplete testimony under oath is guilty of contempt of the General Assembly. A person who is convicted of or pleads guilty to contempt of the General Assembly is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. Section 2-2-110. Whenever any person violates Section 2-2-100 it is the duty of the chair of the committee or subcommittee before which the false, misleading, or incomplete testimony was given, to notify the Attorney General of South Carolina who shall cause charges to be filed in the appropriate county. Section 2-2-120. A person is guilty of criminal contempt when, having been duly subpoenaed to attend as a witness before either house of the legislature or before any committee thereof, he: (1) fails or refuses to attend without lawful excuse; or (2) refuses to be sworn; or (3) refuses to answer any material and proper question; or (4) refuses, after reasonable notice, to produce books, papers, or documents in his possession or under his control which constitute material and proper evidence. A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both."
Conforming and Miscellaneous Amendments to Divisions, Offices, and Other Entities or Programs Transferred to the Department of Administration or Other Related Changes SECTION 7. A. Section 1-11-20 of the 1976 Code, as last amended by Act 164 of 2005, is further amended to read:
"Section 1-11-20. (B) The memorandum of understanding at a minimum shall provide for: (1) continued use of existing office space; (2) a method for the allocation of new, additional, or different office space; (3) adequate parking; (4) a method for the allocation of new, additional, or different parking; (5) the provision of appropriate levels of custodial, maintenance, and other services currently provided by the General Services Division of the State Budget and Control Board; (6) the ability for each agency or department to maintain building access control for its allocated office space; (7) access control for the Senate and House chambers and courtrooms as appropriate; and (8) procedures and criteria for determining rental rates and charges for state space as required in subsection (C). (C) The memorandum of understanding shall provide for the method used by the Department of Administration in determining the calculation and collection of rental and lease charges for all state agencies and departments, to include legislative and judicial agencies and departments. Until agreement on this provision is reached and included in the memorandum of understanding, with approval from appropriate officials of the legislative branch and the Department of Administration, state agencies and departments shall not pay rent on state-owned space or facilities, in addition to not transferring the Division of General Services to the Department of Administration. Notwithstanding any other provision of law, the provisions of this subsection supercede any existing rental or lease agreements to the contrary.
(D) The parties may modify the memorandum of understanding by mutual consent at any time."
"Section 1-11-22. Notwithstanding any other provision of law,
Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school,
(2) The
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the
(4) The
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the director of the
Section 1-11-56. (A) The (1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space; (2) establishing standards for the quality and quantity of space to be leased by a requesting agency; (3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of: (a) a nonappropriation for the renting agency, (b) a dissolution of the agency, and (c) the availability of public space in substitution for private space being leased by the agency; (4) rejecting an agency's request for additional space or space at a specific location, or both; (5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the
(7) requiring prior review by the Joint Bond Review Committee and the requirement of (B) Leases or rental agreements involving amounts below the thresholds provided in item (7) of subsection (A) may be executed by the Department of Administration without this prior review and approval. (C) The threshold requirements requiring review by the Joint Bond Review Committee and approval by the South Carolina Contracts and Accountability Authority as contained in item (7) of subsection (A) also apply to leases or rental agreements with nonstate entities whether or not the state or its agencies or departments is the lessee or lessor.
Section 1-11-58. (A)(1) Every state agency, as defined by law, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the
(2) The
(3) Upon receipt of a request by an agency to acquire additional property, the
(4) The
(B) The procedures involving surplus real property sales under this section are also subject to the approvals required in Section 1-11-65 for surplus real property sales above five hundred thousand dollars."
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be approved by and recorded with the (B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-67. The All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other nonappropriated funds are both directed to apportion the payment of these charges equitably among all funds to ensure that each bears its proportionate share.
Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State
Section 1-11-80. The
Section 1-11-90. The
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when
Section 1-11-110. (1) The
(2) The
Section 1-11-180. (A) In addition to the powers granted the (1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2)
(B) The "Section 1-11-185. (A) In addition to the powers granted the Department of Administration pursuant to this chapter or another provision of law, the department may require submission and approval of plans and specifications for a permanent improvement project of a cost of five hundred thousand dollars or less by a state department, agency, or institution of the executive branch before a contract is awarded for the permanent improvement project. If the cost of the permanent improvement project is more than five hundred thousand dollars, approval of the South Carolina Contracts and Accountability Authority is required, in lieu of the department's, before the contract may be awarded and the authority may require submission of the plans and specifications for this purpose. The provisions of this subsection are in addition to any other requirements of law relating to permanent improvement projects, including the provisions of Chapter 47, Title 2. (B) The Department of Administration may promulgate regulations necessary to carry out its duties.
(C) The respective divisions of the Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."
"Section 1-11-220. There is hereby established within the
The
(a)
(b)
(c)
(d)
(e)
(f)
(g) 2. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The 3. Sections 1-11-250, 1-11-260, 1-11-270(A), 1-11-280, 1-11-290; 1-11-300, 1-11-310, as last amended by Act 203 of 2008, 1-11-315, 1-11-320; 1-11-335, and 1-11-340 of the 1976 Code are amended to read: "Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330: (a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) '
Section 1-11-260. (A) The Fleet Manager shall report annually to the
(B) The
Section 1-11-270. (A) The
Section 1-11-280. The The provisions of this section shall not apply to school buses and service vehicles.
Section 1-11-290. The The State Vehicle Maintenance program shall include: (a) central purchasing of supplies and parts; (b) an effective inventory control system; (c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and (d) preventive maintenance programs for all types of vehicles. All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State. All fuels, lubricants, parts, and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the (1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk; (2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and (3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The
Section 1-11-310. (A) The
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the
(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the (E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the (G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency. (H) Preference in purchasing state motor vehicles must be given to hybrid, plug-in hybrid, bio-diesel, hydrogen, fuel cell, or flex-fuel vehicles when the performance, quality, and anticipated life cycle costs are comparable to other available motor vehicles.
Section 1-11-315. The
Section 1-11-320. The
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the
Section 1-11-335. The respective divisions of the
Section 1-11-340. The
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the
"Section 1-15-10. There is created a Commission on Women to be composed of sixteen members appointed by the Governor with the advice and consent of the Senate from among persons with a competency in the area of public affairs and women's activities. One member must be appointed from each congressional district and the remaining members from the State at large. The commission must be under and a part of the
Acquisition and Distribution of Federal Surplus Property
Section 3-9-10. (a) The Division of General Services of the (1) to acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by federal law; (2) to warehouse such property; and (3) to distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c)(3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property. (b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act. (c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The (e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing, and distribution of personal property received by him from the United States of America. (f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations, and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution, or transfer of any property of the United States of America for educational, public health, or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution, or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
"Section 10-1-10. The
"Section 10-1-30. (A) The Director of the Division of General Services
(B) The Clerk of the Senate and the Clerk of the House of Representatives shall provide joint approval for access to or the use of the second and third floors of the State House; provided, that use of the respective chambers of each house shall be the prerogative of that house. The
(C) The regulations promulgated pursuant to subsection (A) must contain provisions to
"Section 10-1-130. The trustees or governing bodies of state institutions and agencies may grant easements and rights of way over any property under their control, upon the
"Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the
Minerals and Mineral Interests in Public Lands Article 1 General Provisions
Section 10-9-10. The Public Service Authority may, through its board of directors, make and execute leases of gas, oil, and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said authority; and the Section 10-9-20. No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.
Section 10-9-30. Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the Section 10-9-35. In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly. Funds so accumulated shall be expended only for the following purposes: (1) to retire the bonded indebtedness incurred by South Carolina; (2) for capital improvement expenditures.
Section 10-9-40. The authority conferred upon the Public Service Authority, the
Phosphate
Section 10-9-110. The
Section 10-9-120. The
Section 10-9-130. The
Section 10-9-140. In every case in which
Section 10-9-150. As a condition precedent to the right to dig, mine, and remove the rocks and deposits granted by
Section 10-9-160. Whenever the
Section 10-9-170. The
Section 10-9-180. The Section 10-9-190. Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.
Section 10-9-200. The Section 10-9-210. Every person who shall dig, mine, or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters, and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined, or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One-half of such penalty shall be for the use of the State and the other half for the use of the informer.
Section 10-9-220. It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined, or removed from the navigable streams, waters, or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Section 10-9-230. Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One-half of such forfeiture shall be for the use of the State and the other half for the use of the informer.
Section 10-9-240. Should any person whosoever interfere with, obstruct, or molest or attempt to interfere with, obstruct, or molest the
Section 10-9-250. Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters, or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge, or other appliances for such mining or removal, without the leave or license of the
Section 10-9-260. Any person wilfully interfering with, molesting, or obstructing or attempting to interfere with, molest, or obstruct the State or the
Section 10-9-270. The
Geothermal Resources
Section 10-9-310. For purposes of this article 'geothermal resources'
(1) the energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat
(2) the material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium (3) all dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.
Section 10-9-320. The
Section 10-9-330. Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use."
"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the
"Section 10-11-90. The watchmen and policemen employed
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, state highway patrolmen and policemen of the City of Columbia shall have the right to issue and use parking tickets of the type used by the City of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the
"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the
"Section 10-11-330. It shall be unlawful for any person or group of persons
"Section 11-9-610. The
Section 11-9-620. All
Section 11-9-630. The
"Section 11-35-3810. Subject to existing provisions of law, the (1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations; (2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant to them, the sale of all state-owned supplies, or personal property not in actual public use must be conducted and directed by the
Section 11-35-3830. (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in value of such personal property shall not exceed an amount as specified in regulations promulgated by the
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the (a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The (3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The
Section 11-35-5270.
(1)
(2)
(3)
(4)
(5) (6) create a new Uniform Certification System to streamline the certification process and reduce the redundancy in certifying women and minority-owned businesses and create a centralized small and minority business contracting and certification database;
(7) (a) fraud or deceit in obtaining the certification; (b) furnishing of substantially inaccurate or incomplete information concerning ownership or financial status; (c) failure to report changes which affect the requirements for certification; (d) gross negligence, incompetence, financial irresponsibility, or misconduct in the practice of his business; or (e) wilful violation of any provision of this article.
"Section 11-53-20. It is mandated by the General Assembly that the SCEIS shall be implemented for all agencies, with the exception of lump sum agencies, the General Assembly or its respective branches or its committees, Legislative Council, and the Office of Legislative Printing and Information Technology Resources. The South Carolina Enterprise Information System Oversight Committee, as appointed by the Comptroller General, shall provide oversight for the implementation and continued operations of the system. The
"Section 13-7-810. There is hereby established a Governor's Nuclear Advisory Council in the Department of Administration, which shall be responsible to the Director of the Department of Administration and report to the Governor."
"Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly
"Section 13-7-860. Staff support for the council shall be provided by the
"(A) The Crime Victims' Ombudsman
(B) The Crime Victims' Ombudsman of the (1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both, when services are requested by crime victims or are necessary as determined by the ombudsman; (2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman; and (3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both, made to the ombudsman by victims of criminal activity within the state's jurisdiction.
(C) There is created within the Crime Victims' Ombudsman Office of the (1) provide oversight of training, education, and certification of victim assistance programs; (2) with approval of the Victim Services Coordinating Council, promulgate training standards and requirements; (3) approve training curricula for credit hours toward certification; (4) provide victim service provider certification; and
(5) maintain records of certified victim service providers."
"Section 16-3-1680. The Crime Victims' Ombudsman
"Section 25-11-10. A Division of Veterans' Affairs 2. Section 25-11-80(C)(3) of the 1976 Code is amended to read:
"(3) the 3. Section 25-11-90(E) of the 1976 Code is amended to read:
"(E) The preparation and distribution of the roster is subject to the availability of funds as appropriated by the General Assembly to the 4. Section 25-11-310(2) of the 1976 Code is amended to read:
"(2) 'Division' means the Division of Veterans Affairs "(a) 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 governmental agency which records the title or lien. The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the
All property, conveyances, and equipment If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a South Carolina Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of nonservice before attempting service by publication.
(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
"Section 44-96-140. (A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the
(1) establish a source separation and recycling program in cooperation with the department and the Division of General Services of the (2) provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both; (3) evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and (4) establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.
(B) Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the
(C) By November first of each year the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the (D) Not later than one year after this chapter is effective, the Division of General Services, Department of Administration shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable.
(E) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the (1) are not available within a reasonable period of time; (2) fail to meet the performance standards set forth in the applicable specifications; or (3) are only available at a price that exceeds by more than seven and one- half percent the price of alternative items. (F) Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of: (1) compost as a substitute for regular soil amendment products in all highway projects; (2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials; (3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and
(4) recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports."
"(4)
(5) 'Department' means the Office of Regulatory Staff."
"Section 48-46-40. (A)(1) The
(2) The
(3) The
(4) In March of each year the
(5) In consultation with the site operator, the
(6)(a) To the extent authorized by the compact commission, the
The (i) 160,000 cubic feet in fiscal year 2001; (ii) 80,000 cubic feet in fiscal year 2002; (iii) 70,000 cubic feet in fiscal year 2003; (iv) 60,000 cubic feet in fiscal year 2004; (v) 50,000 cubic feet in fiscal year 2005; (vi) 45,000 cubic feet in fiscal year 2006; (vii) 40,000 cubic feet in fiscal year 2007; (viii) 35,000 cubic feet in fiscal year 2008.
After fiscal year 2008, the
(b) The
(c) Absent action by the (d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter.
(e) In consultation with the site operator, the
(B)(1) Effective upon the implementation of initial disposal rates by the (2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall: (a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators; (b) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and (c) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings. The Office of Regulatory Staff shall obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC. (3) Allowable costs include the costs of those activities necessary for: (a) the receipt of waste; (b) the construction of disposal trenches, vaults, and overpacks; (c) construction and maintenance of necessary physical facilities; (d) the purchase or amortization of necessary equipment; (e) purchase of supplies that are consumed in support of waste disposal activities; (f) accounting and billing for waste disposal; (g) creating and maintaining records related to disposed waste; (h) the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits; (i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund; (j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies; (k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60; (l) taxes other than income taxes; (m) licensing and permitting fees; and (n) any other costs directly associated with disposal operations determined by the PSC to be allowable. Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable. (4) Within ninety days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. A copy of the application must be provided to the Office of Regulatory Staff. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year. (5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities. (6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7). A copy of the plan must be provided to the Office of Regulatory Staff.
(7)(a) If the
(b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the
(c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the (d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section. (8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.
(9) In all proceedings held pursuant to this section, the (10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceedings under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.
(11) At any time the compact commission, the (12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.
(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, the Office of Regulatory Staff, and the
(D)(1) Within
(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the (E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows: (1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the Office of Regulatory Staff, the State Treasurer, and the
(3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144,
(F) Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C)."
"Section 48-46-50. (A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the (B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility. (C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey. (D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste: (1) 160,000 cubic feet in fiscal year 2001; (2) 80,000 cubic feet in fiscal year 2002; (3) 70,000 cubic feet in fiscal year 2003; (4) 60,000 cubic feet in fiscal year 2004; (5) 50,000 cubic feet in fiscal year 2005; (6) 45,000 cubic feet in fiscal year 2006; (7) 40,000 cubic feet in fiscal year 2007; (8) 35,000 cubic feet in fiscal year 2008.
South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008."
"Section 48-46-60. (A) The Governor and the (1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions; (2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with subitem (5)(b) of this section; (3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region; (4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter; (5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:
(a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the (b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission; (c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and (d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.
(B) The
(C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the
"(A) In accordance with Section 13-7-30, the
"(A) There is created the Cass Elias McCarter Guardian ad Litem Program in South Carolina. The program shall serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 63-7-1620. This program must be administered by the
"Section 63-11-700. (A) There is created, (B) Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Appointments must be made by the Governor for terms of four years to expire on June thirtieth of the appropriate year.
(C) The board shall elect from its members a chairman who shall serve for two years. (D) The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the Governor and the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in Section 63-11-720(A)(1) and (2). These recommendations must be submitted to the Governor and included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. (E) The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this article. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately-owned facilities or group homes. (F) The Governor may employ a division director to serve at the Governor's pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to Section 1-3-240. The division director shall employ staff as is necessary to carry out this article, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. (G) This article may not be construed to provide for subpoena authority." 2. Section 63-11-730(A) of the 1976 Code is amended to read:
"(A) No person may be employed by the Division for Review of the Foster Care of Children, (1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Subarticle 13, Article 3, Chapter 7; (2) has been convicted of or pled guilty or nolo contendere to: (a) an 'offense against the person' as provided for in Title 16, Chapter 3; (b) an 'offense against morality or decency' as provided for in Title 16, Chapter 15; or
(c) contributing to the delinquency of a minor, as provided for in Section 16-17-490."
"Section 63-11-1110. There is created the Children's Case Resolution System 2. Section 63-11-1140(5), (8), and (9) of the 1976 Code is amended to read: "(5) when unanimous consent is not obtained as required in item (4), a panel must be convened composed of the following persons: (a) one public agency board member and one agency head appointed by the Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case; (b) one legislator appointed by the Governor; and (c) two members appointed by the Governor, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the System, who have knowledge of public services for children in South Carolina.
The chairman must be appointed by the Governor from members appointed as provided in subitem (c) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (3) and (4) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (a) and (b) of this item, and the System is responsible for the compensation of the members appointed in subitem (c) of this item; (8) submit an annual report on the activities of the System to the Governor, Director of the Department of Administration, the General Assembly, and agencies designated by the System as relevant to the cases; and
(9) compile and transmit additional reports on the activities of the System
"(h) Director of the Continuum of Care for Emotionally Disturbed Children Division 2. Section 63-11-1310 of the 1976 Code is amended to read:
"Section 63-11-1310. It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division in the 3. Section 63-11-1340 of the 1976 Code is amended to read:
"Section 63-11-1340. The Governor may 4. Section 63-11-1360 of the 1976 Code is amended to read:
"Section 63-11-1360. The Continuum of Care for Emotionally Disturbed Children Division shall submit an annual report to the 5. Section 63-11-1510 of the 1976 Code is amended to read:
"Section 63-11-1510. There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children
Revenue and Fiscal Affairs Office and Other Transfer Provisions Subpart 1 SECTION 8. A. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-15. (A) Effective July 1, 2014, the Division of Local Government of the State Budget and Control Board is transferred to, and incorporated into, the South Carolina Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the Division of Local Government is devolved upon the South Carolina Rural Infrastructure Authority. (B) Effective July 1, 2014, the South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board to the Department of Administration as provided in Section 1-11-1140. (C) Effective July 1, 2014, the Board of Economic Advisors of the State Budget and Control Board is transferred to the Revenue and Fiscal Affairs Office. (D) Effective July 1, 2014, the Office of Research and Statistics of the Budget and Control Board is transferred to, and incorporated into the Revenue and Fiscal Affairs Office; (E) Effective July 1, 2014, the State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff.
(F) Effective July 1, 2014, portions of the Office of State Budget of the State Budget and Control Board which are directly related to the development of the annual general appropriations act are transferred to the Revenue and Fiscal Affairs Office except for the employees required to support the Executive Budget Office."
"Section 1-11-1110. The Director of the South Carolina Confederate Relic Room and Military Museum must be appointed by the
Section 1-11-1140. It is the intent of the General Assembly that, as soon as space becomes available, the Confederate Relic Room shall relocate to the Columbia Mills building where it will be retained as a separate and distinct facility, to be known as the South Carolina Confederate Relic Room and Military Museum, under the
Subpart 2
Revenue and Fiscal Affairs Office Section 11-9-1110. (A) Effective July 1, 2014, there is established the Revenue and Fiscal Affairs Office to be governed by the three appointed members of the Board of Economic Advisors pursuant to Section 11-9-820. The office is comprised of the Board of Economic Advisors, Office of Research and Statistics, and the Office of State Budget. The functions of the office must be performed, exercised, and discharged under the supervision and direction of the board. The board may organize its staff as it considers appropriate to carry out the various duties, responsibilities, and authorities assigned to it and to its various divisions. The board may delegate to one or more officers, agents, or employees the powers and duties it determines are necessary for the effective, efficient, operation of the office. (B) The Department of Administration shall provide such administrative support to the Revenue and Fiscal Affairs Office or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support. Section 11-9-1120. The Board of Economic Advisors division of the office shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of this section. Section 11-9-1130. (A) The Office of Research and Statistics must be comprised of an Economic Research division and an Office of Precinct Demographics division. (B) The Economic Research division shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of this section. (C) The Office of Precinct Demographics shall: (1) review existing precinct boundaries and maps for accuracy and develop and rewrite descriptions of precincts for submission to the legislative process; (2) consult with members of the General Assembly or their designees on matters related to precinct construction or discrepancies that may exist or occur in precinct boundary development in the counties they represent; (3) develop a system for originating and maintaining precinct maps and related data for the State; (4) represent the General Assembly at public meetings, meetings with members of the General Assembly, and meetings with other state, county, or local governmental entities on matters related to precincts; (5) assist the appropriate county officials in the drawing of maps and writing of descriptions or precincts preliminary to these maps and descriptions being filed in this office for submission to the United States Department of Justice; (6) coordinate with the Census Bureau in the use of precinct boundaries in constructing census boundaries and the identification of effective uses of precinct and census information for planning purposes; and (7) serve as a focal point for verifying official precinct information for the counties of South Carolina. Section 11-9-1140. The Office of State Budget division of the office shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of this section."
SECTION 10. Section 11-9-820(A), (B), and (C) of the 1976 Code is amended to read: "(A)(1)There is created the Board of Economic Advisors, a division of the Revenue and Fiscal Affairs Office, as follows:
(2) The board shall unanimously select an Executive Director of the Revenue and Fiscal Affairs Office who shall serve a four-year term. The executive director may only be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity as found by the board. The executive director shall have the authority and perform the duties prescribed by law and as may be directed by the board.
(B) The Chairman of the Board of Economic Advisors shall report directly to the
(C) The Executive Director of the
"Section 11-9-825. The staff of the Board of Economic Advisors must be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, and the State Department of Revenue
Section 11-9-830. In order to provide a more effective system of providing advice to the (1) compile and maintain in a unified, concise, and orderly form information about total revenues and expenditures which involve the funding of state government operations, revenues received by the State which comprise general revenue sources of all receipts to include amounts borrowed, federal grants, earnings, and the various activities accounted for in other funds; (2) continuously review and evaluate total revenues and expenditures to determine the extent to which they meet fiscal plan forecasts/projections; (3) evaluate federal revenues in terms of impact on state programs; (4) compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; (5) bring to the attention of the Governor and the General Assembly the effectiveness, or lack thereof, of the economic trends and the impact on statewide policies and priorities;
(6) establish liaison with the Congressional Budget Office and the Office of Management and Budget at the national level."
"(C) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors, including the synopsis of the current year's review as required by subsection (B), must be published and reported to the Governor,
"B. (1) If at the end of the first, second, or third quarter of any fiscal year
(2) If at the end of the first, second, or third quarter of any fiscal year the Board of Economic Advisors reduces the revenue forecast for the fiscal year by more than three percent below the amount projected for the fiscal year in the forecast in effect at the time the general appropriations bill for the fiscal year is ratified, the President Pro Tempore of the Senate and the Speaker of the House of Representatives may call each respective house into session to take action to avoid a year-end deficit. If the General Assembly has not taken action within twenty days of the determination of the Board of Economic Advisors, the Director of the Executive Budget Office must reduce general fund appropriations by the requisite amount in the manner prescribed by law and in accordance with item (1) of this subsection."
State Agency Deficit Prevention and Recognition Section 2-79-10. This chapter may be cited as the 'State Agency Deficit Prevention and Recognition Act'. Section 2-79-20. It is the responsibility of each state agency, department, and institution to operate within the limits of appropriations set forth in the annual general appropriations act, appropriation acts, or joint resolution supplemental thereto, and any other approved expenditures of monies. A state agency, department, or institution shall not operate in a manner that results in a year-end deficit except as provided in this chapter. Section 2-79-30. If at the end of each quarterly deficit monitoring review by the Executive Budget Office, it is determined by either the Executive Budget Office or a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall notify the General Assembly within fifteen days of this determination and shall further request the Executive Budget Office to work with it to develop a plan to avoid the deficit. Within fifteen days of the deficit avoidance plan being completed, the Executive Budget Office shall either request the General Assembly to recognize the deficit in the manner provided in this chapter if it determines the deficit avoidance plan will not be sufficient to avoid a deficit or notify the General Assembly of how the deficit will be avoided based on the deficit avoidance plan if the Executive Budget Office determines the plan will be sufficient to avoid a deficit. Section 2-79-40. (A) Upon notification from the Executive Budget Office as provided in Section 2-79-30 that an agency will run a deficit and requesting that it be recognized, the General Assembly, by joint resolution, may make a finding that the cause of, or likelihood of, a deficit is unavoidable due to factors which are outside the control of the state agency, department, or institution, and recognize the deficit. Any legislation to recognize a deficit must be in a separate joint resolution enacted for the sole purpose of recognizing the deficit of a particular state agency, department, or institution. A deficit only may be recognized by an affirmative vote of each branch of the General Assembly. (B) If the General Assembly recognizes the deficit, then the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the General Reserve Fund and the Capital Reserve Fund, as required by the Constitution of this State.
Section 2-79-50. Once a deficit has been recognized by the General Assembly, the state agency, department, or institution shall limit travel and conference attendance to that which is deemed essential by the director of the agency, department, or institution. In addition, the General Assembly, when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles must be approved by the Executive Budget Office."
SECTION 15. Section 2-7-72 of the 1976 Code is amended to read:
"Section 2-7-72. Whenever a bill or resolution is introduced in the General Assembly requiring the expenditure of funds, the principal author shall affix a statement of estimated fiscal impact and cost of the proposed legislation. Before reporting the bill out of committee, if the amount is substantially different from the original estimate, the committee shall attach a statement of estimated fiscal impact to the bill signed by the Executive Director of the
"Section 2-7-73. (A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the (B) Guidelines for assessing the financial impact of proposed mandated or mandatorily offered health coverage to the extent that information is available, must include, but are not limited to, the following: (1) to what extent does the coverage increase or decrease the cost of treatment or services; (2) to what extent does the coverage increase or decrease the use of treatment or service; (3) to what extent does the mandated treatment or service substitute for more expensive treatment or service; (4) to what extent does the coverage increase or decrease the administrative expenses of insurance companies and the premium and administrative expenses of policyholders; and
(5) what is the impact of this coverage on the total cost of health care." "Section 2-7-74. (A) As used in this section, 'statement of estimated fiscal impact' means the opinion of the person executing the statement as to the dollar cost to the State for the first year and the annual cost thereafter.
(B) The principal author of legislation that would establish a new criminal offense or that would amend the sentencing provisions of an existing criminal offense may affix a statement of estimated fiscal impact of the proposed legislation. Upon request from the principal author of the legislation, the
(C) If a fiscal impact statement is not affixed to legislation at the time of introduction, the committee to which the legislation is referred shall request a fiscal impact statement from the (D) The committee shall not take action on the legislation until the committee has received the fiscal impact statement.
(E) If the legislation is reported out of the committee, the committee shall attach the fiscal impact statement to the legislation. If the legislation has been amended, the committee shall request a revised fiscal impact statement from the
(F) State agencies and political subdivisions shall cooperate with the
(G) In preparing fiscal impact statements, the
(H) The
"Section 2-7-76. (A) The chairman of the legislative committee to which a bill or resolution was referred shall direct the (1) requires a county or municipality to expend funds allocated to the county or municipality pursuant to Chapter 27 of Title 6; (2) is introduced in the General Assembly to require the expenditure of funds by a county or municipality; (3) requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law; or (4) relates to taxes imposed by political subdivisions.
(B) A revised estimated fiscal (C) For purposes of this section, 'political subdivision' means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."
SECTION 19. Section 48-52-410 of the 1976 Code is amended to read:
"Section 48-52-410. There is established the State Energy Office within the
"Section 48-52-440.
(A) All funds allocated or directed to this State by the federal government relating to energy planning, energy conservation, and energy efficiency must be allocated or directed to the State Energy Office in the Office of Regulatory Staff to be distributed in accordance with the provisions of this section; provided, however, that no funding from the following federal programs is subject to the provisions of this section: (1) the Low Income Home Energy Assistance Program (LIHEAP), created by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 and codified as Chapter 94, Title 42 of the United States Code, as amended by the Human Services Reauthorization Act of 1984, the Human Services Reauthorization Act of 1986, the Augustus F. Hawkins Human Services Reauthorization Act of 1990, the National Institutes of Health Revitalization Act of 1993, the Low-Income Home Energy Amendments of 1994, the Coats Human Services Reauthorization Act of 1998, and the Energy Policy Act of 2005, which is administered and funded by the United States Department of Health and Human Services on the federal level and administered locally by community action agencies; or (2) the Weatherization Assistance Program, created by Title IV of the Energy Conservation and Production Act of 1976 and codified as Part A, Subchapter III, Chapter 81, Title 42 of the United States Code, amended by the National Energy Conservation Policy Act, the Energy Security Act, the Human Services Reauthorization Act of 1984, and the State Energy Efficiency Programs Improvement Act of 1990 and administered and funded by the United States Department of Energy on the federal level and administered locally by community action agencies. Nothing in this section changes the exclusive administration of the Low Income Energy Assistance Program and Weatherization Assistance Program by local community action agencies through the Department of Administration's Office of Economic Opportunity pursuant to its authority under the provisions of Chapter 45, Title 43, the Community Economic Opportunity Act of 1983. (B) All funds described in subsection (A) that are not exempted by items (1) and (2) of subsection (A) must be distributed by the State Energy Office in the Office of Regulatory Staff in accordance with all requirements of federal law associated with these funds. Persons seeking to obtain funding for energy related programs must submit to the State Energy Office a plan for the use of the funds in a manner consistent with the provisions of this section. (C) Upon receipt of the plans required by subsection (B), the State Energy Office of the Office of Regulatory Staff must prepare an analysis of the plans and their consistency with the provisions of this section and submit that analysis to the Department Advisory Council for its review and recommendations. (D) There is hereby created in the Office of Regulatory Staff the Energy Advisory Council, which will advise the State Energy Office on all matters for which the State Energy Office is responsible and specifically with respect to its review of the annual plans required to be submitted pursuant to this section. The Advisory Council shall be composed of nine members as follows: (1) three appointed by the Governor, one of whom must have a substantial background in environmental or consumer protection matters; (2) three appointed by the President Pro Tempore of the Senate, one of whom must have a substantial background in environmental or consumer protection matters; and (3) three appointed by the Speaker of the House of Representatives, one of whom must have a substantial background in environmental or consumer protection matters. All appointees must have backgrounds in environmental issues; the electricity, transportation, or natural gas industries; or economic development related to these sectors. (E) In evaluating the plans required by this section, the Advisory Council shall consider the extent to which the plans allocate funds in a cost effective manner and promote the following alternative sources of domestic energy or avoidance of consumption of energy: (1) the development of energy efficiency and conservation; (2) renewable sources of energy, including wind power, solar power, energy from biomass sources, and energy storage; (3) nuclear energy; and (4) alternative fuels or power sources for the transportation sector. In considering the cost-effectiveness of the plans the Advisory Council must consider the cost of the proposed measures as to the expected useful life of the measures being proposed and the impact of the proposed measures on consumers. For each proposed plan, the Advisory Council must consider the value of the avoided cost of complying with anticipated state and federal environmental regulations. (F) Upon completion of its review of plans submitted in compliance with this section, the Advisory Council must prepare a report describing the results of its review and submit copies of that report to the State Energy Office of the Office of Regulatory Staff and the Public Utility Review Committee of Article 5 of Chapter 3 of Title 58.
(G) The Executive Director of the Office of Regulatory Staff shall make the final determinations of distributions of funds as required by this section, taking into account the recommendations of the Advisory Council. Grant awards shall be made in a manner consistent with this section."
"Section 48-52-460. The establishment of the State Energy Office within the
"Section 48-52-635. Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the
"Section 48-52-680. (A) The State Energy Office shall assist the (B) The State Energy Office shall assist the Office of the State Engineer and all governmental bodies defined in and subject to the Consolidated Procurement Code by drafting energy conservation standards to be applied in the design and construction of buildings that are owned or lease/purchased by these governmental bodies. Before any construction contracts are bid under Section 11-35-3020, the State Engineer's Office or the governmental body soliciting the bids shall review the plans and specifications to ensure that they are in compliance with the standards drafted by the State Energy Office. The State Energy Office shall provide assistance in reviewing these plans and specifications upon the request of the State Engineer's Office or the affected governmental body.
(C) The State Energy Office shall provide the Office of Property Management
SECTION 24. A. Section 1-11-25 of the 1976 Code is amended to read:
"Section 1-11-25. There is hereby established a Local Government Division within the State
The division shall establish guidelines and procedures which
"Section 1-11-26. (A) Grant funds received by a
(B) It is not a defense to an indictment alleging a violation of this section that grant funds received
(C) The Division of Local Government of the State "Section 11-50-65. The Department of Administration shall provide such administrative support to the State Rural Infrastructure Authority or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support."
South Carolina Contracts and Accountability Authority and Related Bond and Procurement Provisions Subpart 1 SECTION 25. A. Title 11 of the 1976 Code is amended by adding:
South Carolina Contracts and Accountability Authority Section 11-55-10. (A) There is established the South Carolina Contracts and Accountability Authority (SCAA) consisting of seven members as follows: (1) the Governor, who shall serve as ex officio as chairman; (2) the Attorney General, who shall serve ex officio; (3) the State Treasurer, who shall serve ex officio; (4) the Comptroller General, who shall serve ex officio; (5) the Lieutenant Governor, who shall serve ex officio; (6) one member of the House of Representatives, ex officio, appointed by the Speaker of the House of Representatives; and (7) one member of the Senate, ex officio, appointed by the President Pro Tempore of the Senate; Members shall serve at the pleasure of their appointing authority. Vacancies must be filled in the manner of the original appointment. Members shall serve without compensation, but shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. (B)(1) The SCAA shall select an executive director who in turn shall employ other staff under the direction of the SCAA as necessary for the operations of the SCAA. (2) The executive director shall serve a four-year term. The executive director may only be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity as found by the SCAA. The executive director shall have that responsibility and perform the duties prescribed by law and as may be directed by the SCAA. (3) The General Assembly, in the annual general appropriations act, shall appropriate those funds necessary for the operations of the SCAA. (C) The SCAA may organize its staff as it considers most appropriate to carry out the various functions, powers, duties, responsibilities, and authority assigned to it. (D) The Department of Administration shall provide such administrative support to the South Carolina Contracts and Accountability Authority or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support. Section 11-55-20. (A)(1) Effective July 1, 2014, all functions, powers, duties, responsibilities, and authority related to the issuance of bonds and bonding authority, generally found in Title 11, but also contained in other provisions of state law, are devolved upon SCAA. This devolution does not extend to those functions, powers, duties, responsibilities, and authority vested in the Joint Bond Review Committee. (2) Bonded indebtedness issued by the South Carolina Jobs - Economic Development Authority (JEDA) requires approval by the SCAA as provided in Chapter 43, Title 41. Bonded indebtedness issued pursuant to this item does not constitute nor give rise to a pecuniary liability to the State or a charge against the credit or taxing powers of the State. (3) The SCAA shall establish criteria, upon consultation with the Joint Bond Review Committee, to apply to the bond review and approval process as required in Chapter 47, Title 2. (B)(1) There is established within SCAA the Office of Accountability and Auditing. The State Auditor's Office as provided for in Chapter 7, Title 11 shall also be included in the Office of Accountability and Auditing. The State Auditor serving in office as of June 30, 2014, shall continue to serve, but any successor must be selected by the SCAA. Also included in this office is the Office of the State Inspector General as established pursuant to Chapter 6, Title 1. (2) The State Auditor within the Office of Accountability and Auditing also shall be the entity that shall receive annual accountability reports pursuant to Article 13, Chapter 1, Title 1. (3) The State Auditor and the Office of the State Inspector General, while maintaining their individual and separate missions, shall both be located in the Office of Accountability and Auditing of the SCAA. The State Auditor and Inspector General shall work together, with advice and consent of the SCAA, to develop a relationship that ensures timely and complete auditing and oversight of both fiscal and programmatic affairs of state agencies and, except for limited administrative purposes, shall remain independent and not subject to supervision by the SCAA.
Section 11-55-30. In the course of conducting and managing state affairs where a matter arises which would under prior precedents and practices be referred to the former Budget and Control Board for decision, although the procedure for the decision is not specifically provided for by general law, the matter instead shall be referred to and decided by the SCAA." (1) the Department of Administration or a specific division of that department; or
(2) the South Carolina Contracts and Accountability Authority or specific office or other component of that authority.
SECTION 26. A. (1) The Insurance Reserve Fund of the Office of Insurance Services is transferred to the South Carolina Contracts and Accountability Authority (SCAA) on July 1, 2014, as a division of the authority.
(2) The Insurance Reserve Fund, transferred to the SCAA, shall administer and perform all administrative and operational functions of the Insurance Reserve Fund, except that the Attorney General of this State must continue to approve the attorneys-at-law retained to represent the clients of the Insurance Reserve Fund in the manner provided by law.
"Section 1-11-140. (A) The (B) Any political subdivision of the State including, without limitations, municipalities, counties, and school districts, may procure the insurance for itself and for its employees in the same manner provided for the procurement of this insurance for the State, its entities, and its employees, or in a manner provided by Section 15-78-140. (C) The procurement of tort liability insurance in the manner provided is the exclusive means for the procurement of this insurance.
(D) The
(E) The
(F) The (G) Documentary or other material prepared by or for the Office of Insurance Services in providing any insurance coverage authorized by this section or any other provision of law which is contained in any claim file is subject to disclosure to the extent required by the Freedom of Information Act only after the claim is settled or finally concluded by a court of competent jurisdiction.
(H) The "Section 15-78-140. (a) (Reserved) (b) The political subdivisions of this State, in regard to tort and automobile liability, property, and casualty insurance shall procure insurance to cover these risks for which immunity has been waived by (1) the purchase of liability insurance pursuant to Section 1-11-140; or (2) the purchase of liability insurance from a private carrier; or (3) self-insurance; or (4) establishing pooled self-insurance liability funds, by intergovernmental agreement, which may not be construed as transacting the business of insurance or otherwise subject to state laws regulating insurance. A pooled self-insurance liability pool is authorized to purchase specific and aggregate excess insurance. A pooled self-insurance liability fund must provide liability coverage for all employees of a political subdivision applying for participation in the fund. If the insurance is obtained other than pursuant to Section 1-11-140, it must be obtained subject to the following conditions:
(1) if the political subdivision does not procure tort liability insurance pursuant to Section 1-11-140, it must also procure its automobile liability and property and casualty insurance from other sources and shall not procure these coverages through the
(2) if a political subdivision procures its tort liability insurance, automobile liability insurance, or property and casualty insurance through the
(3) if the political subdivision, at any time, procures its tort liability, automobile liability, property, or casualty insurance other than through the
(4) if any political subdivision cancels its insurance with the
(c) For any claim filed under this chapter, the remedy provided in Section 15-78-120 is exclusive. The immunity of the State and its political subdivisions, with regard to the seizure, execution, or encumbrance of their properties is reaffirmed."
"Section 1-11-440. (A) The State must defend the members of the (B) The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel."
SECTION 27. Chapter 47, Title 2 of the 1976 Code is amended to read:
Joint Bond Review Committee
Section 2-47-10. The General Assembly finds that a need exists for careful planning of permanent improvements and of the utilization of state general obligation and institutional bond authority in order to ensure the continued favorable bond credit rating our State has historically enjoyed. It further finds that the responsibility for Section 2-47-15. (A) Where the amount of a permanent improvement project is five hundred thousand dollars or less and the applicable enabling statute or the general law relating to the project or the issuance of bonds or funding relating to the project requires both the review of the Joint Bond Review Committee and the approval by the former Budget and Control Board, the responsibility of the former Budget and Control Board, in this regard, is devolved upon the Director of the Department of Administration (department). Where the amount of the project or funding exceeds five hundred thousand dollars, the responsibility of the former Budget and Control Board, in this regard, is devolved upon the South Carolina Contracts and Accountability Authority with no prior approval required on the part of the department. (B) When the approval of the Director of the Department of Administration, under this section, is required in lieu of the approval by the State Contracts and Accountability Authority for permanent improvement projects in an amount of five hundred thousand dollars or less for which capital improvement or other bonds shall be issued, the SCAA, together with the State Treasurer, shall nevertheless effectuate the issuance of the bonds after the required approval.
Section 2-47-20. There is hereby created a six member joint committee of the General Assembly to be known as the Joint Bond Review Committee to study and monitor policies and procedures relating to the approval of permanent improvement projects and to the issuance of state general obligation and institutional bonds; to evaluate the effect of current and past policies on the bond credit rating of the State; and provide advisory assistance in the establishment of future capital management policies. Three members shall be appointed from the Senate Finance Committee by the chairman thereof and three from the Ways and Means Committee of the House of Representatives by the chairman of that committee The expenses of the committee shall be paid from approved accounts of both houses. The Legislative Council and all other legislative staff organizations shall provide such assistance as the joint committee may request. Section 2-47-25. In addition to the members provided for by Section 2-47-20, two additional members shall be appointed by the Chairman of the Ways and Means Committee of the House of Representatives from the membership of that body. Two additional members shall be appointed by the Chairman of the Finance Committee of the Senate from the membership of the Senate. Members shall serve the same terms as the members of the committee provided for in Section 2-47-20. Section 2-47-30. The committee is specifically charged with, but not limited to, the following responsibilities:
(1) To review, prior to approval by the (2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues. (3) To recommend priorities of future bond issuance based on the social and economic needs of the State. (4) To recommend prudent limitations of bond obligations related to present and future revenue estimates. (5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short- and long-term recommendations for the General Assembly.
(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the (7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee.
Section 2-47-35. No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Joint Bond Review Committee, in consultation with the
Section 2-47-40. (A) To assist the
(B) All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the
The (C) No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.
Section 2-47-50. (A) The
(B) Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the
(C) Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the (D) For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:
(1) acquisition of land, regardless of cost, with staff level review of the committee and the
(2) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost, with staff level review of the committee and the
(3) work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is (4) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;
(5) capital lease purchase of a facility acquisition or construction in which the total cost is
(6) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project in which the total cost is (7) new construction of a facility that exceeds a total cost of five hundred thousand dollars. (E) Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated capital improvement bond funds, capital reserve funds or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount. (F) For purposes of establishing permanent improvement projects, Clemson University Public Service Activities (Clemson-PSA) and South Carolina State University Public Service Activities (SC State-PSA) are subject to the provisions of this chapter.
Section 2-47-55. (A) All state agencies responsible for providing and maintaining physical facilities are required to submit a Comprehensive Permanent Improvement Plan (CPIP) to the Joint Bond Review Committee, (B) The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.
Section 2-47-56. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the director of the Section 2-47-60. The Joint Bond Review Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."
SECTION 28. A. Section 2-65-15(4) of the 1976 Code is amended to read:
"(4) 'Board' means the State "Section 11-18-20. (a) 'ARRA Bonds' mean: (1) recovery zone bonds authorized under Section 1401 of ARRA; and (2) Qualified Energy Conservation Bonds authorized under Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Pub. L. 110-343, 122 Stat. 1365 (2008) as amended by Section 112 of ARRA.
(b) 'Board' means the (c) 'Code' means the Internal Revenue Code of 1986, as amended. (d) 'Local Government' means each county and municipality that received an allocation of Volume Cap pursuant to the Code and IRS Notice 2009-50. (e) 'Other federal bonds' mean any such bond, whether tax--exempt, taxable or tax credit, created after the date hereof whereby a volume cap limitation is proscribed under the Code. (f) 'Qualified energy conservation bond' means the term as defined in Section 54D(a) of the Code. (g) 'Recovery zone' means the term as defined in Section 1400U-1(b) of the Code. (h) 'Recovery zone economic development bond' means the term as defined in Section 1400U-2 of the Code. (i) 'Recovery zone facility bond' means the term as defined in Section 1400U-3 of the Code. (j) 'State' means the State of South Carolina.
(k) 'Volume Cap' means the amount or other limitation of ARRA Bonds allocated to each state and to counties and large municipalities within each state in accordance with Section 1400U-1(a)(4) of the Code, with respect to Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, Section 54D(e)(1) of the Code, with respect to Qualified Energy Conservation Bonds, and any other section of the Code which imposes a volume cap limitation on any other Federal Bonds."
"'Ratification date' shall mean the effective date of New Article X. 'State board' shall mean the
"Section 11-31-15. For the purposes of this chapter, 'state board' shall mean the State Contracts and Accountability Authority."
"Section 11-37-30. There is created a body politic and corporate known as the South Carolina Resources Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this chapter is the performance of an essential public function. The authority consists of the members of the State 2. Section 11-37-200(A) of the 1976 Code is amended to read:
"(A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of a representative of the Governor, the Director of the Department of Health and Environmental Control, the Director of the South Carolina Department of Natural Resources, the Director of the
"(A) The State
"(A) There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Infrastructure Facilities Authority. The members of the 2. Section 11-40-250 of the 1976 Code is amended to read:
"Section 11-40-250. The Division of Local Government of the State (1) assist in the formulation, establishment, and structuring of programs undertaken by the authority pursuant to this chapter; (2) provide local governments information as to the programs of the authority and the procedures for obtaining the assistance intended by the chapter; (3) assist local governments in making application to such state and federal agencies, including the authority, as may be necessary or helpful in order to avail themselves of such programs; (4) assist the authority in analyzing and evaluating local government requests for assistance pursuant to this chapter; (5) assist in the structuring and negotiation of local government loan agreements and loan obligations and authority bonds; (6) administer the fund, including any accounts therein; (7) administer the authority's programs and loans, including monitoring compliance by local governments with any rules, regulations, or other requirements of the authority with respect to such programs and compliance with covenants and agreements made by local governments with respect to any loan agreement or loan obligation; and
(8) provide
"Section 11-41-70. Before issuing economic development bonds, the department or in the case of a tourism training infrastructure project or a national and international convention and trade show center, the State or agency, instrumentality, or political subdivision thereof that will own such project shall notify the Joint Bond Review Committee and the State 2. Sections 11-41-80, 11-41-90, and 11-41-100 of the 1976 Code are amended to read:
"Section 11-41-80. Following the receipt of the notification presented pursuant to Section 11-41-70 and after
Section 11-41-90. To effect the issuance of bonds, the State (1) a statement of whether the bonds are being authorized and issued pursuant to Section 11-41-50(A) or Section 11-41-50(B); (2) a schedule showing the aggregate of bonds issued, the annual principal payments required to retire the bonds, and the interest on the bonds; (3) the amount of bonds proposed to be issued; (4) a schedule showing future annual principal requirements and estimated annual interest requirements on the bonds to be issued; and (5) certificates evidencing that the provisions of Sections 11-41-50 and 11-41-60 have been or will be met.
Section 11-41-100. The bonds must bear the date and mature at the time that the resolution provides, except that a bond may not mature more than thirty years from its date of issue. The bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State 3. Section 11-41-180 of the 1976 Code is amended to read:
"Section 11-41-180. All procurements of infrastructure, as defined in Section 11-41-30 and owned by a research university, as defined in Section 11-51-30(5), shall be exempt from Title 11, Chapter 35, except that such research university must work in conjunction with the
"(2) 'State board' means the
"(10) 'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability pursuant to Chapter 7 of Title 38, a captive insurance company regulated pursuant to Chapter 90 of Title 38, a utility regulated pursuant to Title 58, or a financial institution with proven experience in state-based venture capital transactions, pursuant to guidelines established by the authority. Both the guidelines and the lender must be approved by the State 2. Section 11-45-55(B) of the 1976 Code is amended to read:
"(B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines established by the authority pursuant to Section 11-45-100. The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded. The form of the tax credit certificate must be approved by the State 3. Section 11-45-105 of the 1976 Code is amended to read:
"Section 11-45-105. Any guideline issued by the authority pursuant to this chapter must be approved by the State
"Section 11-49-40. (A) The authority is governed by a board (B) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(C) Members of the board and its employees, if any, are subject to the provisions of Chapter 13, Title 8, the Ethics, Government Accountability, and Campaign Reform Act, and Chapter 17,
(D) To the extent that administrative assistance is needed for the functions and operations of the authority, the board may obtain this assistance from the Office of the State Treasurer and the State
(E) The board shall exercise the powers of the authority. A majority of the members of the board constitutes a quorum for the purpose of conducting all business. The board shall determine the number of personnel it requires, their compensation, and duties."
"(6) 'State board' means the 2. Section 11-51-125(A)(2) of the 1976 Code is amended to read: "(2) thirty-five percent of the total twelve percent must be allocated by FTE student enrollment from the prior academic year at each eligible institution.
The Research Centers of Excellence Review Board has no jurisdiction over these projects and no matching requirement is imposed for these projects. The Joint Bond Review Committee must review and the State 3. Section 11-51-190 of the 1976 Code is amended to read:
"Section 11-51-190. The research universities while engaging in projects related to this act shall be exempt from the state procurement process, except
"Section 41-43-100. In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29, 2. Section 41-43-110(A) of the 1976 Code, as last amended by Act 404 of 1992, is further amended to read:
"(A) The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They are an indebtedness payable solely from a revenue producing source or from a special source
"Section 54-3-119. (A) Except as provided in subsection (B), the State Ports Authority Board is directed to sell under those terms and conditions it considers most advantageous to the authority and the State of South Carolina all real property it owns on Daniel Island and Thomas (St. Thomas) Island except for the dredge disposal cells that are needed in connection with the construction of the North Charleston terminal on the Charleston Naval Complex and for harbor deepening and for channel and berth maintenance. The sale shall be timed and concluded on a schedule that prudently considers all market conditions affecting the sale but in any event must be under contract for sale by December 31, 2012, and the sale completed by (B) The board shall give the right of first refusal to those former landowners on Thomas (St. Thomas) Island who sold their land located within the transportation corridor to the authority in anticipation of the authority's exercise of eminent domain. The right of first refusal must provide that the landowner may repurchase his land at the same price for which the authority purchased it from him. Each contract for the sale of a parcel located in the transportation corridor on Thomas Island must contain a covenant creating an easement over the parcel. The easement must permit the authority, and any successor in interest to the authority, reasonable ingress and egress to the real property on Daniel Island owned by the authority as of the effective date of this section. The easement must contain express language that the easement runs with the land.
(C)(1) With regard to the sale of real property pursuant to subsection (A), the State Budget and Control Board or the Department of Administration, as appropriate, is vested with all of the board's fiduciary duties to the authority and the authority's bondholders if the property is transferred to the State Budget and Control Board or the Department of Administration for sale. The acceptance of any sales price by either the board,
(2) The State Budget and Control Board or the Department of Administration may deduct from the proceeds of the sale an amount equal to the actual costs incurred in conjunction with the sale of the property. The balance of the proceeds must be transmitted to the authority."
"Section 48-5-30. There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State
"(1) 'Authority' means the State 2. Section 59-109-40 of the 1976 Code is amended to read:
"Section 59-109-40. There is hereby created a body politic and corporate to be known as the 'Educational Facilities Authority for Private Nonprofit Institutions of Higher Learning,' hereinafter in this chapter called the Authority. The Authority is constituted a public instrumentality and the exercise by the Authority of the powers conferred by this chapter
"(1) 'Authority'
"Section 59-115-40. There is hereby created a body politic and corporate to be known as the State Education Assistance Authority (Authority). The Authority is hereby declared to be a public instrumentality of the State and the exercise by the Authority of any power conferred herein shall be deemed and held to be the performance of an essential public function. The Authority shall consist of the members, from time to time, of the State
Procurement Provisions SECTION 29. A. Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-45. (A) There is established the Department of Administration, Division of Procurement Services.
(B) Effective July 1, 2014, the Division of Procurement Services shall exercise all functions, powers, duties, responsibilities, and authority pursuant to the provisions of Chapter 35, Title 11, the South Carolina Consolidated Procurement Code, previously delegated by law to the State Budget and Control Board except for the functions, powers, duties, responsibilities, and authority specifically provided by law to the South Carolina Contracts and Accountability Authority." "Section 11-35-310. Unless the context clearly indicates otherwise: (1) 'Information Technology (IT)' means data processing, telecommunications, and office systems technologies and services: (a) 'Data processing' means the automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; related peripheral equipment such as terminals, document scanners, word processors, intelligent copiers, off-line memory storage, printing systems, and data transmission equipment; and related software such as operating systems, library and maintenance routines, and applications programs. (b) 'Telecommunications' means voice, data, message, and video transmissions, and includes the transmission and switching facilities of public telecommunications systems, as well as operating and network software. (c) 'Office systems technology' means office equipment such as typewriters, duplicating and photocopy machines, paper forms, and records; microfilm and microfiche equipment and printing equipment and services. (d) 'Services' means the providing of consultant assistance for any aspect of information technology, systems, and networks.
(2) (3) 'Business' means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. (4) 'Change order' means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. (5) 'Chief procurement officer' means (a) the management officer for information technology, (b) the state engineer for areas of construction, architectural and engineering, construction management, and land surveying services, and (c) the materials management officer for all other procurements. (6) 'Information Technology Management Officer' means the person holding the position as the head of the Information Technology Office of the State. (7) 'Construction' means the process of building, altering, repairing, remodeling, improving, or demolishing a public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of an existing public infrastructure facility, including structures, buildings, or real property. (8) 'Contract' means all types of state agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, information technology, or construction. (9) 'Contract modification' means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. (10) 'Contractor' means any person having a contract with a governmental body. (11) 'Cost effectiveness' means the ability of a particular product or service to efficiently provide goods or services to the State. In determining the cost effectiveness of a particular product or service, the appropriate chief procurement officer shall list the relevant factors in the bid notice or solicitation and use only those listed relevant factors in determining the award. (12) 'Data' means recorded information, regardless of form or characteristics. (13) 'Days' means calendar days. In computing any period of time prescribed by this code or the ensuing regulations, or by any order of the Procurement Review Panel, the day of the event from which the designated period of time begins to run is not included. If the final day of the designated period falls on a Saturday, Sunday, or a legal holiday for the state or federal government, then the period shall run to the end of the next business day. (14) 'Debarment' means the disqualification of a person to receive invitations for bids, or requests for proposals, or the award of a contract by the State, for a specified period of time commensurate with the seriousness of the offense or the failure or inadequacy of performance. (15) 'Designee' means a duly authorized representative of a person with formal responsibilities under the code.
(16)
(17) (18) 'Governmental Body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds. (19) 'Grant' means the furnishing by the State or the United States government of assistance, whether financial or otherwise, to a person to support a program authorized by law. It does not include an award, the primary purpose of which is to procure specified end products, whether in the form of supplies, services, information technology, or construction. A contract resulting from such an award must not be considered a grant but a procurement contract. (20) 'Invitation for bids' means a written or published solicitation issued by an authorized procurement officer for bids to contract for the procurement or disposal of stated supplies, services, information technology, or construction, which will ordinarily result in the award of the contract to the responsible bidder making the lowest responsive bid. (21) 'Materials Management Officer' means the person holding the position as the head of the materials management office of the State. (22) Reserved. (23) 'Political subdivision' means all counties, municipalities, school districts, public service or special purpose districts. (24) 'Procurement' means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, information technology, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contracts, and all phases of contract administration. (25) 'Procurement officer' means any person duly authorized by the governmental body, in accordance with procedures prescribed by regulation, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative of the governmental body within the scope of his authority. (26) 'Purchasing agency' means any governmental body other than the chief procurement officers authorized by this code or by way of delegation from the chief procurement officers to enter into contracts. (27) 'Real property' means any land, all things growing on or attached thereto, and all improvements made thereto including buildings and structures located thereon. (28) 'Request for proposals (RFP)' means a written or published solicitation issued by an authorized procurement officer for proposals to provide supplies, services, information technology, or construction which ordinarily result in the award of the contract to the responsible bidder making the proposal determined to be most advantageous to the State. The award of the contract must be made on the basis of evaluation factors that must be stated in the RFP. (29) 'Services' means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. This term includes consultant services other than architectural, engineering, land surveying, construction management, and related services. This term does not include employment agreements or services as defined in Section 11-35-310(1)(d). (30) 'Subcontractor' means any person having a contract to perform work or render service to a prime contractor as a part of the prime contractor's agreement with a governmental body. (31) 'Supplies' means all personal property including, but not limited to, equipment, materials, printing, and insurance. (32) 'State' means state government. (33) 'State Engineer' means the person holding the position as head of the State Engineer's Office . (34) 'Suspension' means the disqualification of a person to receive invitations for bids, requests for proposals, or the award of a contract by the State, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. (35) 'Term contract' means contracts established by the chief procurement officer for specific supplies, services, or information technology for a specified time and for which it is mandatory that all governmental bodies procure their requirements during its term. As provided in the solicitation, if a public procurement unit is offered the same supplies, services, or information technology at a price that is at least ten percent less than the term contract price, it may purchase from the vendor offering the lower price after first offering the vendor holding the term contract the option to meet the lower price. The solicitation used to establish the term contract must specify contract terms applicable to a purchase from the vendor offering the lower price. If the vendor holding the term contract meets the lower price, then the governmental body shall purchase from the contract vendor. All decisions to purchase from the vendor offering the lower price must be documented by the procurement officer in sufficient detail to satisfy the requirements of an external audit. A term contract may be a multi-term contract as provided in Section 11-35-2030. (36) 'Using agency' means any governmental body of the State which utilizes any supplies, services, information technology, or construction purchased under this code.
(37) 'Designated
"Section 11-35-540. (1) Authority to Promulgate Regulations. Except as otherwise provided in this code, the
(2) Nondelegation. The (3) Approval of Operational Procedures. Governmental bodies shall develop internal operational procedures consistent with this code; except, that the operational procedures must be approved in writing by the appropriate chief procurement officer. The operational procedures must be consistent with this chapter. Operational procedures adopted pursuant to this chapter are exempt from the requirements of Section 1-23-140.
(4) The
(5) For every reference in this code to a 'designated
"Section 11-35-1210. (1) Authority. The
(2) Policy. Authorizations granted by the (a) adherence to the provisions of this code and the ensuing regulations, particularly concerning competitive procurement methods; (b) responsiveness to user needs; (c) obtaining of the best prices for value received. (3) Adherence to Provisions of the Code. All procurements shall be subject to all the appropriate provisions of this code, especially regarding competitive procurement methods and nonrestrictive specifications.
(4) Subject to subsection (1), the State Board for Technical and Comprehensive Education, in coordination with the appropriate Chief Procurement Officer, may approve a cumulative total of up to fifty thousand dollars in additional procurement authority for technical colleges, provided that the designated
"(C) A violation of these regulations by a purchasing agency, upon recommendation of the designated board office with approval of the majority of the
"(3) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the governmental body to determine its position with respect to the particular project delivery method recommended for approval by the governmental body, and to notify the governmental body of its decision in writing. If the State Engineer's Office disagrees with the project delivery method selected, it may contest it by submitting the matter to the
"(9) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the agency selection committee, and to determine its position with respect to the particular person or firm recommended for approval by the agency. If the State Engineer's Office disagrees with the proposal, it may contest the proposal by submitting the matter to the
Review Panel Section 11-35-4410. (1) There is created the South Carolina Procurement Review Panel which is charged with the responsibility to review and determine de novo: (a) requests for review of written determinations of the chief procurement officers pursuant to Sections 11-35-4210(6), 11-35-4220(5), and 11-35-4230(6); and (b) requests for review of other written determinations, decisions, policies, and procedures arising from or concerning the procurement of supplies, services, information technology, or construction procured in accordance with the provisions of this code and the ensuing regulations; except that a matter which could have been brought before the chief procurement officers in a timely and appropriate manner pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, must not be the subject of review under this paragraph. Requests for review pursuant to this paragraph must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of the written determinations, decisions, policies, and procedures. (2) The panel must be composed of:
(a)
(i) goods and services; (ii) information technology procurements; (iii) construction; (iv) architects and engineers; (v) construction management; and (vi) land surveying services;
(c) in making the appointments pursuant to the provisions of item (a), the appointing officials shall coordinate their appointments so that no more than one appointment shall be representative of a particular profession listed in item (a). (3) The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Four members present and voting shall constitute a quorum. In the case of a tie vote, the decision of the chief procurement officer is final. At-large members of the panel must be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members must be reimbursed for meals, lodging, and travel in accordance with current state allowances. (4)(a) Notwithstanding the provisions of Chapter 23, Title 1 or another provision of law, the Administrative Procedures Act does not apply to administrative reviews conducted by either a chief procurement officer or the Procurement Review Panel. The Procurement Review Panel is vested with the authority to: (i) establish its own rules and procedures for the conduct of its business and the holding of its hearings; (ii) issue subpoenas; (iii) interview any person it considers necessary; and (iv) record all determinations. (b) A party aggrieved by a subpoena issued pursuant to this provision shall apply to the panel for relief. (5) Within fifteen days of receiving a grievance filed pursuant to Section 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall either convene the review panel to conduct an administrative review or schedule a hearing to facilitate its administrative review. Except for grievances filed pursuant to Section 11-35-4230(6), the review panel shall record its determination within ten working days and communicate its decision to those involved in the determination. In matters designated by the review panel as complex, the review panel shall record its determination within thirty days. (6) Notwithstanding another provision of law, including the Administrative Procedures Act, the decision of the Procurement Review Panel is final as to administrative review and may be appealed only to the circuit court. The standard of review is as provided by the provisions of the South Carolina Administrative Procedures Act. The filing of an appeal does not automatically stay a decision of the panel.
Section 11-35-4420. The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully as a party in a matter pending before the Procurement Review Panel and in an appeal of a decision of the Procurement Review Panel, whether administrative or judicial."
State Auditor, Performance Audits, and Accountability Reports SECTION 30. A. Sections 1-1-810 and 1-1-820 of the 1976 Code are amended to read: "Section 1-1-810. Each agency and department of state government shall submit an annual accountability report to the Governor, the State Auditor within the State Contracts and Accountability Authority's Office of Accountability and Auditing, and the General Assembly covering a period from July first to June thirtieth, unless otherwise directed by the specific statute governing the department or institution. The submission of the annual accountability report by state agencies and departments must be sent to the State Auditor which in turn shall provide copies to the Office of the Governor and the General Assembly.
Section 1-1-820. The annual accountability report required by Section 1-1-810 must contain the agency's or department's mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met. The Office of State Auditor, when conducting programmatic or performance its reviews of a state agency as authorized by Article 3, Chapter 7, Title 11, shall use these accountability reports as part of its source material."
"(A)(1) There is
(2) As provided in subsection (D)(3) of Section 11-55-20, the Office of the State Inspector General is located within the Office of Accountability and Auditing of the SCAA, together with the Office of State Auditor. The Office of the State Inspector General is an independent agency, except where joint responsibilities are imposed upon it and the Office of State Auditor in the manner provided by law."
"Section 11-7-10. (A) The
(B) The Office of State Auditor is located within the Office of Accountability and Auditing of the SCAA as provided in Section 11-55-20(D)(3)."
"Section 11-7-30. Reports of audit findings must be available to the Governor, 2. Chapter 7, Title 11 of the 1976 Code is amended by adding:
Performance Audits Section 11-7-300. For purposes of this article: (1) 'Draft work plan' means the work plan for conducting performance audits of state agencies proposed by the State Auditor. (2) 'Final performance audit report' means a written document released by the State Auditor that includes the findings and comments from the preliminary performance audit report. (3) 'Final work plan' means the work plan for conducting performance audits of state agencies adopted by the State Auditor. (4) 'Performance audit' means an objective and systematic assessment of a state agency or any of its programs, functions, or activities in order to help public officials improve efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits. It also includes a determination of whether or not the agency's programs, activities, or functions should be continued, revised, or eliminated. (5) 'Preliminary performance audit report' means a written document prepared after the completion of a performance audit to be submitted for comment before the final performance audit report. The preliminary performance audit report must contain the audit findings and any proposed recommendations to improve the efficiency, effectiveness, or accountability of the state agency being audited. (6) 'State agency' or 'agency' means a state agency, department, office, officer, board, commission, bureau, division, or institution in the executive branch, or institutions of higher education. 'State agency' includes all offices of executive branch state government elected officials. Section 11-7-310. (A) The State Auditor shall conduct independent, comprehensive performance audits of the executive branch of state government and each of its agencies, accounts, and programs; and also state education governmental entities and each of their agencies, accounts, and programs. The State Auditor shall conduct these performance audits of state agencies upon request of the House Ways and Means Committee or the Senate Finance Committee. (B) The State Auditor shall review and analyze the economy, efficiency, and effectiveness of the policies, management, fiscal affairs, and operations of state governments, agencies, programs, and accounts. These performance audits must be conducted in accordance with the United States general accounting office government auditing standards. The scope for each performance audit must not be limited and must include nine specific elements: (1) identification of cost savings; (2) identification of services that can be reduced or eliminated; (3) identification of programs or services that can be transferred to the private sector; (4) analysis of gaps or overlaps in programs or services and recommendations to correct gaps or overlaps; (5) feasibility of pooling information technology systems within the department; (6) analysis of the roles and functions of the department, and recommendations to change or eliminate departmental roles or functions; (7) recommendations for statutory or regulatory changes that may be necessary for the department to properly carry out its functions; (8) analysis of departmental performance data, performance measures, and self-assessment systems; and (9) identification of best practices. The State Auditor may contract out any performance audits in whole or in part within available funds. (C) Each audit report must be submitted to the Governor, the presiding officer of each house of the General Assembly, and the members of the governing body of the agency concerned, if any, and made available to the public not later than thirty days after the completion of each audit or each follow-up audit. The State Auditor is granted full access by law to any required documents, memos, and budgets necessary to conduct the performance audits. The State Auditor, at any time, may conduct a performance audit to determine not only the efficiency, but also the effectiveness, of any government agency, account, or program. No public official or employee may impede or restrict the authority or the actions of the State Auditor to conduct independent, comprehensive performance audits. To the greatest extent possible, the State Auditor shall instruct and advise the appropriate governmental body on a step-by-step remedy to whatever ineffectiveness and inefficiency is discovered in the audited entity. For performance audits of state government and its agencies, programs, and accounts, the General Assembly shall consider the State Auditor reports in connection with the appropriations process. Section 11-7-320. An audited agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation must be included in the final audit report. The plan must provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan must include an explanation and specific reasons."
Other Transfers and Provisions SECTION 31. (A) Notwithstanding any other provision of law, in addition to the present members of the Charleston Naval Complex Redevelopment Authority, as created by gubernatorial executive order pursuant to Section 31-12-40 of the 1976 Code, there shall be four additional members, two appointed by the Speaker of the House of Representatives and two appointed by the President Pro Tempore of the Senate. These four additional members shall each serve for terms of four years and until their successors are appointed and qualify. Vacancies shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment. (B) These four additional members shall serve as members of the Charleston Naval Complex Redevelopment Authority with the same powers, duties, and responsibilities of other such members as provided by law. In addition, these four members, together with the gubernatorial appointees to the Charleston Naval Complex Redevelopment Authority, shall also constitute the Charleston Naval Base Museum Authority as a division of the Charleston Naval Redevelopment Authority. Service as a member of the Naval Base Museum Authority is considered an additional and supplemental function and duty of those specified members of the Naval Complex Redevelopment Authority and is not considered another office of honor or profit of this State. The Naval Base Museum Authority shall select from among its members a chairman and such other officers as they consider necessary. (C) The Naval Base Museum Authority shall become operational upon the signing of a Memorandum of Understanding between the RDA and the Hunley Commission. With respect to the Hunley project, the MOU must provide for the Naval Base Museum Authority division of the RDA to undertake and comply with the duties, responsibilities, powers, and functions of the Hunley Commission as specified in Sections 54-7-100 and 54-7-110 of the 1976 Code, and as otherwise provided by law. The Naval Base Museum Authority shall possess and may exercise all powers and authority granted to the Hunley Commission by specific statutory reference in Sections 54-7-100 and 54-7-110.
(D) Notwithstanding the provisions of SECTION 35, the provisions of this section take effect upon approval by the Governor. "Section 59-101-680. (A) Notwithstanding another provision of law, a public institution of higher learning that intends to request or receive funds from any source for use in the financing of a permanent improvement project shall notify staff of the Joint Bond Review Committee of the proposed project. Members of the Joint Bond Review Committee may individually comment and make nonbinding recommendations on the proposed project. (B) A public institution of higher learning concurrently shall submit to the Joint Bond Review Committee and the Budget and Control Board a permanent improvement project proposal for review by both bodies. In making its proposal, the public institution of higher learning shall include: (1) a complete description of the proposed project; (2) a statement of justification of the proposed project; (3) a statement of the purposes and intended uses of the proposed project; (4) the estimated total cost of the proposed project; (5) an estimate of the additional future annual operating costs associated with the proposed project; (6) a statement on the expected impact of the proposed project on the five-year operating plan of the public institution proposing the project; (7) a proposed plan of financing the project, specifically identifying funds proposed from sources other than capital improvement bond authorizations; and (8) the specification of the priority of each project among those proposed. (C) The Joint Bond Review Committee and the Budget and Control Board shall notify the institution of its authorization of or objection to the establishment of the permanent improvement project proposal within ninety days of receipt of the proposal. The review of the Joint Bond Review committee must be rendered by the collective body. The Budget and Control Board only is required to meet to discuss the proposal if the Governor expresses objection to the proposal in writing to the members of the Budget and Control Board and the public institution of higher learning within the ninety day time period. A permanent improvement project proposal is deemed to be favorably reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board if either fails to notify the public institution of higher learning of its finding within ninety days of receipt of the proposal. (D) Except as provided in subsection (E)(2), a proposal to finance all or any part of any project using any funds not previously authorized specifically for the permanent improvement project by the General Assembly or using any funds not previously approved for the project must be referred to the Joint Bond Review Committee for its review and the Budget and Control Board for its approval prior to implementation by the public institution of higher learning. (E)(1) A proposed revision of the scope or of the budget of an established permanent improvement project deemed by the committee to be substantial must be reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board prior to any final action by the public institution of higher learning. In making their determinations regarding changes in project scope, the committee and board shall utilize the permanent project improvement project proposal and justification statements, together with supporting documentation considered at the time the project was authorized or established originally. Except as provided in subsection (E)(2), a proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the public institution of higher learning must be deemed in all cases to be a substantial revision of a project budget which must be referred to the committee for review and to the board for its approval. (2) Notwithstanding subsection (D)(1), a previously approved improvement project undertaken by a public institution of higher learning, whose total costs increase not more than ten percent of the most recently approved total costs, not to exceed five million dollars, is not required to have that proposal reviewed by the Joint Bond Review Committee and the Budget and Control Board. The proposal, however, is subject to staff level review of the Joint Bond Review Committee. (F)(1) For purposes of this section, with regard to public institutions of higher learning, a permanent improvement project is defined as: (a) acquisition of land costing more than one million dollars. For the acquisition of land costing two hundred fifty thousand dollars or less, the proposal is subject to staff level review; (b) acquisition, as opposed to the construction, of buildings or other structures costing more than one million dollars. For the acquisition, as opposed to construction, of building or other structures costing one million dollars or less, the proposal is subject to staff level review; (c) work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is five million dollars or more; (d) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not included; (e) capital lease purchase of a facility acquisition or construction in which the total cost is five million dollars or more; (f) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract must be included as a part of a project in which the total cost is two million dollars or more; and (g) new construction of a facility that exceeds a total cost of one million dollars. (2) A permanent improvement project that meets the definition provided in subsection (F)(1) must become a project, regardless of the source of funds.
(G) For projects submitted to the Joint Bond Review Committee and the Budget and Control Board for review, the committee and the board may request the assistance of the Office of the State Treasurer to review the feasibility and financing structure of the project."
Performance Review, Severability, and Time Effective
SECTION 33. During the year 2018, the State Auditor shall conduct a performance review of the provisions of this act to determine its effectiveness and achievements with regard to the more efficient performance of the functions and duties of the various agencies provided for herein and the cost savings and benefits to the State. Rep. BANNISTER explained the amendment. Reps. OTT, JEFFERSON, J. E. SMITH, GAMBRELL, THAYER, GAGNON, WHITMIRE, MERRILL, PATRICK, SOUTHARD, MCEACHERN, WEEKS, R. L. BROWN, HIOTT, HOSEY, J. R. SMITH, MACK, WELLS, HARDWICK, H. A. CRAWFORD, G. R. SMITH, BEDINGFIELD, DILLARD and TOOLE requested debate on the Bill.
The following Bill was taken up: H. 3894 (Word version) -- Reps. Clemmons, Hardwick, Quinn, White, Rutherford, Harrell, Sandifer, Delleney, Lucas, Owens and Ott: A BILL TO AMEND SECTION 28-2-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS THAT MAY BE CONSIDERED WHEN DETERMINING JUST COMPENSATION IN CONDEMNATION ACTIONS REGARDING EMINENT DOMAIN, SO AS TO INCLUDE DIMINUTION IN VALUE OF THE LANDOWNER'S REMAINING PROPERTY CAUSED BY RECONFIGURATION OF ROADWAYS, RESTRICTION OF ACCESS, AND CIRCUITOUS ACCESS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3894 (COUNCIL\MS\3894C001.MS.AHB13), which was adopted:
"Section 28-2-370. In determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property including, but not limited to, diminution caused by reconfiguration of roadways, restriction of access, and circuitous access, and any benefits as provided in Section 28-2-360 may be considered."
Rep. CLEMMONS explained the amendment. The question then recurred to the adoption of the amendment.
The amendment was then adopted. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Anthony Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham G. A. Brown R. L. Brown Burns Clemmons Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hodges Hosey Huggins Jefferson Kennedy Limehouse Loftis Long Lucas McCoy McEachern Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill G. M. Smith G. R. Smith J. R. Smith Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Wells White Whitmire Williams Willis Wood
Those who voted in the negative are: Atwater Brannon Felder Gagnon Hiott Horne W. J. McLeod Skelton J. E. Smith Sottile Weeks
So, the Bill, as amended, was read the second time and ordered to third reading. Further proceedings were interrupted by expiration of time on the uncontested Calendar.
On motion of Rep. CLYBURN, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works: H. 3013 (Word version) -- Reps. Clyburn and M. S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO REQUIRE REGIONAL TRANSPORTATION AUTHORITIES TO DEVELOP AND IMPLEMENT PROGRAMS WITHIN THEIR SERVICE AREAS THAT MAKE PUBLIC TRANSPORTATION AVAILABLE AT NO CHARGE FOR CERTAIN QUALIFYING VETERANS.
The Senate Amendments to the following Bill were taken up for consideration: S. 2 (Word version) -- Senators Campsen, L. Martin, Cromer, Hayes and Grooms: A BILL TO ESTABLISH THE "EQUAL ACCESS TO THE BALLOT ACT", BY AMENDING SECTION 8-13-1356, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTEREST BY A CANDIDATE, TO PROVIDE THAT A CANDIDATE WHO IS NOT A PUBLIC OFFICIAL AND A CANDIDATE WHO IS A PUBLIC OFFICIAL SHALL ELECTRONICALLY FILE OR UPDATE A STATEMENT OF ECONOMIC INTEREST, AS APPLICABLE, PRIOR TO FILING A STATEMENT OF INTENTION OF CANDIDACY OR NOMINATION FOR PETITION; TO AMEND SECTION 7-11-15, TO PROVIDE THAT THE FILING PERIOD RUNS FROM MARCH TWENTY-THIRD TO MARCH THIRTIETH, TO REQUIRE THAT THE PARTY EXECUTIVE COMMITTEE NOT ACCEPT A STATEMENT OF INTENTION OF CANDIDACY UNLESS THE COMMITTEE VERIFIES THAT THE CANDIDATE FILED AN ELECTRONIC STATEMENT OF ECONOMIC INTEREST, AND TO PROVIDE THAT INTENTIONS OF CANDIDACY ARE TO BE SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION BY NOON ON THE FIFTH DAY AFTER THE FILING DEADLINE. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are: Anderson Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hodges Horne Hosey Huggins Jefferson Kennedy King Limehouse Loftis Long Lucas McCoy McEachern M. S. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pope Powers Norrell Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The following Bill was taken up: H. 3176 (Word version) -- Reps. Clemmons and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO ESTABLISH EARLY VOTING PROCEDURES; BY ADDING SECTION 7-13-200 SO AS TO PROVIDE UNIFORM DATES FOR ELECTION EVENTS; BY ADDING SECTION 7-13-1115 SO AS TO REQUIRE A BALLOT TO INDICATE A VOTE CAST FOR A SINGLE CANDIDATE IN ORDER TO BE CERTIFIED AS PART OF THE TOTAL NUMBER OF VOTES CAST; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO FURTHER DEFINE HIS DUTIES; TO AMEND SECTION 7-11-10, AS AMENDED, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE; TO AMEND SECTION 7-13-330, AS AMENDED, RELATING TO THE BALLOT FORM AND INSTRUCTIONS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR STRAIGHT-PARTY-TICKET VOTING ON GENERAL ELECTION BALLOTS; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO REQUIREMENTS FOR VOTE RECORDERS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR STRAIGHT-PARTY-TICKET VOTING; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE VOTING DURING THE EARLY VOTING PERIOD; TO AMEND SECTION 7-15-360, AS AMENDED, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR STRAIGHT-PARTY-TICKET VOTING; TO AMEND SECTION 7-15-365, AS AMENDED, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY COUNTY BOARDS OF REGISTRATION, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR STRAIGHT-PARTY-TICKET VOTING; TO AMEND SECTION 7-15-370, AS AMENDED, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES AND THE DUTIES OF THE COUNTY REGISTRATION BOARD, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR STRAIGHT-PARTY-TICKET VOTING; AND TO REPEAL SECTION 7-15-470 RELATING TO ABSENTEE BALLOTS OTHER THAN PAPER BALLOTS. Rep. MURPHY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Atwater Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hiott Hixon Horne Huggins Kennedy Limehouse Loftis Long Lucas Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Pope Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Wells White Whitmire Willis Wood
Those who voted in the negative are: Anderson Anthony Bales Bernstein Bowers Branham Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Felder Funderburk George Gilliard Govan Hayes Hodges Hosey Howard Jefferson King McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Parks Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb J. E. Smith Stavrinakis Vick Weeks Williams
So, the Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up: H. 3101 (Word version) -- Reps. Chumley, Taylor, G. R. Smith, Huggins, Wells, Henderson, Crosby, Atwater, Long, Wood, Toole, Willis, Clemmons, Hardwick, Hardee, Goldfinch, Bedingfield, D. C. Moss, Loftis, Nanney, Pitts, Putnam, V. S. Moss, Owens, Barfield, H. A. Crawford, Stringer, Hamilton, Burns, Tallon, Kennedy, Allison, Murphy, Delleney, Horne, Daning and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FREEDOM OF HEALTH CARE PROTECTION ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES TAKING CONTROL OVER THE HEALTH INSURANCE INDUSTRY AND MANDATING THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT CERTAIN INDIVIDUALS FROM ENFORCING OR ATTEMPTING TO ENFORCE SUCH UNCONSTITUTIONAL LAWS; AND TO ESTABLISH CRIMINAL PENALTIES AND CIVIL LIABILITY FOR VIOLATING THIS ARTICLE. Rep. J. E. SMITH moved to adjourn debate on the Bill until Tuesday, May 7. Rep. ATWATER moved to table the motion. Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Atwater Ballentine Bannister Barfield Bedingfield Bingham Bowen Brannon Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Limehouse Loftis Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Pope Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Wells White Whitmire Willis Wood
Those who voted in the negative are: Anderson Bales Bernstein Bowers Branham G. A. Brown Clyburn Cobb-Hunter Dillard Douglas Funderburk George Gilliard Govan Hayes Hodges Hosey Jefferson King McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Parks Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb J. E. Smith Stavrinakis Vick Weeks Williams
So, the motion to adjourn debate was tabled.
The following Bill was taken up: H. 3945 (Word version) -- Reps. G. M. Smith, Harrell, Lucas, Bannister, Toole, Stringer, Hamilton, Sottile, Barfield, Bingham, Spires, Hardwick, Owens, Hiott, Long, Erickson, Murphy, Horne, Willis, Gagnon, Simrill, Funderburk and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 13, TITLE 8 SO AS TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON ETHICS ENFORCEMENT AND DISCLOSURE, TO PROVIDE FOR ITS POWERS, DUTIES, PROCEDURES, AND JURISDICTION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 13, TITLE 8 RELATING TO THE STATE ETHICS COMMISSION; TO REPEAL ARTICLE 5, CHAPTER 13, TITLE 8 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY DETERMINES THAT HE HAS A CONFLICT OF INTEREST, HE MUST COMPLY WITH CERTAIN REQUIREMENTS BEFORE ABSTAINING FROM ALL VOTES ON THE MATTER, AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL WHO IS REQUIRED TO RECUSE HIMSELF FROM A MATTER MUST DO SO; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL ENTITY, SO AS TO FURTHER DELINEATE WHAT IS CONSIDERED A CONTESTED CASE WHEN REPRESENTATION BY A MEMBER OF THE GENERAL ASSEMBLY IS PERMITTED; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY A MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN PARTICULAR SITUATIONS, SO AS TO DELETE A PROHIBITION AGAINST CERTAIN CONTRACTS WITH AN ENTITY FUNDED WITH GENERAL FUNDS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1318, RELATING TO ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, SO AS TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1338, RELATING TO PERSONS WHO MAY NOT SOLICIT CONTRIBUTIONS, SO AS TO INCLUDE THE HEAD OF ANY STATE AGENCY WHO IS SELECTED BY THE GOVERNOR, THE GENERAL ASSEMBLY, OR AN APPOINTED OR ELECTED BOARD; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, SO AS TO DELETE AN EXCEPTION FOR A COMMITTEE CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTIONS 8-13-1510 AND 8-13-1520, BOTH AS AMENDED, RELATING TO PENALTIES FOR ETHICAL AND OTHER VIOLATIONS, AND BY ADDING SECTION 8-13-1530 SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS AND FOR WHERE CERTAIN WILFUL VIOLATIONS MUST BE TRIED; AND TO REPEAL SECTIONS 8-13-710 AND 8-13-715 RELATING TO REPORTING OF PARTICULAR GIFTS AND AUTHORIZED REIMBURSEMENTS FOR SPEAKING ENGAGEMENTS. Rep. MCCOY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Limehouse Loftis Long Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Parks Patrick Powers Norrell Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are: Bedingfield Chumley Gambrell Pitts Putnam
So, the Bill, as amended, was read the third time, and ordered sent to the Senate.
I voted 'Nay' on third reading of H. 3945, however, my vote was not recorded correctly. Please allow the record to show that I voted against the passage of H. 3945.
I was temporarily out of the Chamber taking care of constituent business during the vote on H. 3945. If I had been present, I would have voted in favor of the Bill.
The SPEAKER granted Rep. FELDER a leave of absence for the remainder of the day.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses. S. 480 (Word version) -- Senators Alexander, Hutto and Rankin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 1, 2013, AS THE TIME TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE THIRD DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; TO ELECT A SUCCESSOR TO THE MEMBER OF THE PUBLIC SERVICE COMMISSION FOR THE FIFTH DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2016; AND TO ELECT A PUBLIC SERVICE COMMISSIONER FOR THE SEVENTH DISTRICT, AS A SUCCESSOR TO THE PUBLIC SERVICE COMMISSIONER FOR THE AT-LARGE SEAT, FOR A TERM EXPIRING ON JUNE 30, 2016.
SEATS 1, 3, 5, AND 7 SEAT 1
The President announced that nominations were in order for a Commissioner, Seat 1. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. D. Cannon: Campsen Cromer Matthews
The following named Senators voted for Mr. J. E. Howard: Alexander Allen Bennett Bright Bryant Campbell Coleman Corbin Davis Fair Grooms Hayes Hembree Hutto Malloy Martin, Larry Martin, Shane McGill Peeler Pinckney Rankin Setzler Turner Verdin Williams Young
The following named Senators voted for Ms. C. Williams: Courson Ford Gregory Jackson Johnson Lourie McElveen Nicholson Reese Scott Shealy Sheheen Thurmond
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. D. Cannon: Bowen Bowers R. L. Brown Hodges
The following named Representatives voted for Mr. J. E. Howard: Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Gagnon George Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hosey Howard Huggins Jefferson Kennedy King Limehouse Loftis Lowe Lucas Mack McCoy McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Ott Owens Parks Patrick Pitts Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sabb Sandifer Sellers Skelton G. M. Smith G. R. Smith J. R. Smith Southard Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper Whitmire Williams Willis Wood
The following named Representatives voted for Ms. C. Williams: Cole K. R. Crawford Funderburk Gilliard Long M. S. McLeod Mitchell Norman Pope Powers Norrell Ryhal Simrill J. E. Smith Sottile Spires Stavrinakis
RECAPITULATION
Total number of Senators voting 42 Whereupon, the President announced that John E. "Butch" Howard was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Commissioner, Seat 3.
I would like to second the nomination of Comer "Randy" Randall to the Public Service Commission. Rep. Craig A. Gagnon
On the motion of Sen. Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The President announced that nominations were in order for a Commissioner, Seat 5.
I would like to second the nomination of Swain Whitfield to the Public Service Commission. Rep. N. Douglas Brannon
I would like to second the nomination of Swain Whitfield to the Public Service Commission. Rep. Craig A. Gagnon Sen. Alexander stated that Headen B. Thomas had withdrawn from the race and placed the names of Sarah B. Nuckles and Swain E. Whitfield in nomination. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Nuckles: Davis Fair Gregory Grooms Hayes Peeler
The following named Senators voted for Whitfield: Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Ford Hembree Hutto Jackson Johnson Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McElveen McGill Nicholson Pinckney Rankin Reese Scott Setzler Shealy Sheheen Thurmond Turner Verdin Williams Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Nuckles: King Long Merrill Pope Simrill
The following named Representatives voted for Whitfield: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Kennedy Limehouse Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper Whitmire Williams Willis Wood
Total number of Senators voting 45 Whereupon, the President announced that Swain E. Whitfield was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Commissioner, Seat 7. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hamilton: Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Fair Ford Gregory Grooms Hayes Hembree Hutto Jackson Leatherman Lourie Malloy Martin, Shane Massey Matthews McGill Nicholson Peeler Pinckney Rankin Reese Scott Setzler Shealy Sheheen Thurmond Turner Verdin Williams Young
The following named Senators voted for Surrett: Johnson Martin, Larry McElveen
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hamilton: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk Gagnon Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Kennedy King Limehouse Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Quinn Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper Whitmire Williams Willis Wood
The following named Representatives voted for Surrett: George Merrill Ridgeway
Total number of Senators voting 45 Whereupon, the President announced that Gordon "O'Neal" Hamilton was duly elected for the term prescribed by law.
At 12:38 p.m., the President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses. H. 3957 (Word version) -- Rep. Henderson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 1, 2013, IMMEDIATELY FOLLOWING THE ELECTION OF CERTAIN MEMBERS TO THE PUBLIC SERVICE COMMISSION, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2013, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President of the Senate recognized Sen. Peeler, on behalf of the Screening Committee for State Colleges and Universities Boards of Trustees.
The President announced that nominations were in order for the At-Large Seat.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President announced that nominations were in order for the First Congressional District, Seat 1.
The President announced that nominations were in order for the Third Congressional District, Seat 3.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6.
The President announced that nominations were in order for the Seventh Congressional District, Seat 7.
The President announced that nominations were in order for the At-Large District, Seat 12.
The President announced that nominations were in order for the At-Large District, Seat 15
FIRST CONGRESSIONAL DISTRICT, SEAT 2
The President announced that nominations were in order for the First Congressional District, Seat 2.
The President announced that nominations were in order for the Second Congressional District, Seat 4.
The President announced that nominations were in order for the Third Congressional District, Seat 6.
The President announced that nominations were in order for the Fourth Congressional District, Seat 8.
The President announced that nominations were in order for the Fifth Congressional District, Seat 10. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for King Reid: Allen Bryant Coleman Courson Ford Gregory Hayes Jackson Malloy Matthews Nicholson Pinckney Reese Scott Sheheen Young
The following named Senators voted for Warrick: Alexander Bennett Bright Campbell Campsen Cleary Corbin Cromer Davis Fair Grooms Hembree Johnson Lourie Martin, Larry Martin, Shane Massey McElveen McGill Peeler Rankin Setzler Thurmond Turner Williams
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for King Reid: Alexander Anderson Anthony Bales Ballentine Barfield Bernstein Bowen Bowers Branham Brannon R. L. Brown Chumley Clyburn Cobb-Hunter Delleney Dillard Douglas Finlay Funderburk Gambrell George Gilliard Govan Hart Hayes Herbkersman Hixon Hodges Hosey Howard Jefferson King Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Neal Norman Ott Owens Parks Pope Powers Norrell Ridgeway Rivers Robinson-Simpson Rutherford Sabb Sellers Simrill J. E. Smith J. R. Smith Southard Stavrinakis Thayer Wells Whipper Williams Willis Wood
The following named Representatives voted for Warrick: Bannister Bingham G. A. Brown Burns Cole K. R. Crawford Crosby Daning Edge Erickson Forrester Gagnon Goldfinch Hamilton Hardee Harrell Hiott Huggins Kennedy Limehouse Loftis Long Lowe Merrill Nanney Newton Patrick Pitts Putnam Riley Ryhal Sandifer Skelton G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Toole Vick Weeks White Whitmire
Total number of Senators voting 41 Whereupon, the President announced that Pansy King Reid was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Sixth Congressional District, Seat 12.
The President announced that nominations were in order for the Seventh Congressional District, Seat 13.
The President announced that nominations were in order for the Seventh Congressional District, Seat 14.
The President announced that nominations were in order for the At-Large District, Seat 16.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President announced that nominations were in order for the First Congressional District, Seat 1.
The President announced that nominations were in order for the Second Congressional District, Seat 2.
The President announced that nominations were in order for the Third Congressional District, Seat 3.
The President announced that nominations were in order for the Fourth Congressional District, Seat 4.
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6.
The President announced that nominations were in order for the Seventh Congressional District, Seat 7.
The President announced that nominations were in order for the At-Large District, Seat 9.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce. Alexander Bryant Martin, Larry McElveen McGill Peeler Sheheen Williams
The following names Senators voted in the negative: Allen Bright Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Fair Ford Gregory Grooms Hayes Hembree Jackson Johnson Leatherman Martin, Shane Massey Nicholson Reese Scott Shealy Thurmond Verdin Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for King: D. C. Moss
Those who voted in the negative are: Alexander Allison Anthony Atwater Bales Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Clemmons Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk George Gilliard Goldfinch Govan Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Howard Huggins Jefferson Kennedy King Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Total number of Senators voting 36 Whereupon the President announced that having failed to receive the necessary votes, Ms. King was not elected.
The President announced that nominations were in order for the At-Large District, Seat 11.
The President announced that nominations were in order for the At-Large District, Seat 15.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President announced that nominations were in order for the First Congressional District, Seat 1.
The President announced that nominations were in order for the Second Congressional District, Seat 2.
The President announced that nominations were in order for the Third Congressional District, Seat 3.
The President announced that nominations were in order for the Fourth Congressional District, Seat 4.
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6.
The President announced that nominations were in order for the Seventh Congressional District, Seat 7.
FIRST CONGRESSIONAL DISTRICT, LAY MEMBER
The President announced that nominations were in order for the First Congressional District, Lay Member. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Pearlstine: Alexander Bright Campsen Lourie Massey Nicholson Shealy Sheheen
The following named Senators voted for Stavrinakis: Allen Bennett Bryant Campbell Cleary Coleman Corbin Courson Cromer Davis Fair Ford Grooms Hayes Hembree Hutto Jackson Johnson Malloy Martin, Larry Matthews McElveen McGill Peeler Pinckney Rankin Reese Scott Setzler Turner Verdin Williams Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Pearlstine: Bedingfield Bernstein Burns K. R. Crawford Finlay Limehouse Sottile Taylor Willis
The following named Representatives voted for Stavrinakis: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardwick Harrell Hart Hayes Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Kennedy King Loftis Long Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Southard Spires Stringer Tallon Thayer Vick Weeks Wells Whipper White Whitmire Williams Wood
Total number of Senators voting 41
I abstained from voting in the election for the Board of Trustees for the Medical University of South Carolina, 1st Congressional District Seat, due to a potential conflict of interest with both candidates. Rep. Leon E. Stavrinakis
The President announced that nominations were in order for the Second Congressional District, Lay Member.
The President announced that nominations were in order for the Third Congressional District, Lay Member.
The President announced that nominations were in order for the Fourth Congressional District, Medical Member.
The President announced that nominations were in order for the Sixth Congressional District, Medical Member.
MEDICAL MEMBER
The President announced that nominations were in order for the Seventh Congressional District, Medical Member.
The President announced that nominations were in order for the Seventh Congressional District, Lay Member. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Battle: Bennett Campbell Campsen Coleman Corbin Courson Cromer Davis Fair Grooms Hayes Hembree Hutto Martin, Larry Massey McElveen McGill Nicholson Peeler Rankin Setzler Verdin Williams Young
The following named Senators voted for Smalls: Alexander Allen Bright Bryant Cleary Ford Jackson Johnson Leatherman Lourie Malloy Martin, Shane Matthews Pinckney Reese Scott Shealy Sheheen Thurmond Turner
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Battle: Anthony Atwater Bales Barfield Bingham Bowen Bowers Branham Brannon G. A. Brown Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hardee Hardwick Harrell Hayes Herbkersman Hiott Huggins Kennedy Limehouse Loftis Lowe Lucas W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Newton Norman Ott Owens Pitts Pope Powers Norrell Putnam Ridgeway Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Thayer Toole Vick White Whitmire Willis Wood
The following named Representatives voted for Smalls: Alexander Allison Anderson Ballentine Bannister Bedingfield Bernstein R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Erickson Govan Hamilton Hart Henderson Hixon Hodges Hosey Howard Jefferson King Long Mack McCoy McEachern M. S. McLeod Mitchell Nanney Neal Parks Patrick Quinn Robinson-Simpson Rutherford Sabb Sellers J. E. Smith Southard Stavrinakis Tallon Taylor Weeks Wells Whipper Williams
Total number of Senators voting 44 Whereupon, the President announced that James A. Battle was duly elected for the term prescribed by law.
FIFTH CONGRESSIONAL DISTRICT, SEAT 5
The President announced that nominations were in order for the Fifth Congressional District, Seat 5. Rep. COBB-HUNTER objected. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Linda Edwards Duncan: Alexander Bright Campbell Davis Ford Hutto Jackson Lourie Martin, Larry Massey Matthews McElveen McGill Peeler Rankin Reese Scott Setzler Shealy Thurmond Turner Verdin Williams
The following named Senators voted in the negative: Bennett Bryant Campsen Cleary Courson Cromer Fair Grooms Hayes Hembree Johnson Malloy Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Linda Edwards Duncan: Burns Delleney Gilliard Henderson Lucas D. C. Moss V. S. Moss Pope Simrill Vick
Those who voted in the negative are: Alexander Allison Anderson Atwater Bales Bannister Barfield Bernstein Bingham Bowen Bowers Branham R. L. Brown Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Dillard Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Herbkersman Hiott Hixon Hodges Howard Huggins Jefferson King Limehouse Loftis Lowe Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sabb Sandifer Sellers Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Taylor Thayer Toole Weeks Wells Whipper White Whitmire Williams Willis Wood
Total number of Senators voting 36 Whereupon the President announced that having failed to receive the necessary votes, Ms. Duncan was not elected.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6.
I hereby second the nomination Dr. William Small, Jr., for the South Carolina State University Board of Trustee Seat for the 6th Congressional District. Dr. Small is a very principled man with the highest level of integrity and has experience in academia and economic development and will bring a plethora of skill and leadership to the University. Sen. Peeler stated that James E. Harvey and Joseph W. Rice, Jr. had withdrawn and placed the names of Dean C. Patrick, William Small, Jr., and Maurice Washington in nomination. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called. The following named Senators voted for Patrick:
The following named Senators voted for Small: Allen Courson Gregory Hayes Hutto Johnson Lourie Matthews Nicholson Peeler Pinckney Scott Setzler Sheheen
The following named Senators voted for Washington: Alexander Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Cromer Davis Fair Ford Grooms Hembree Jackson Leatherman Martin, Larry Martin, Shane Massey McElveen McGill Rankin Reese Shealy Thurmond Turner Verdin Williams Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call. The following named Representatives voted for Patrick:
The following named Representatives voted for Small: Alexander Allison Anderson Anthony Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Cole Daning Delleney Dillard Douglas Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardwick Harrell Hart Hiott Hixon Hodges Hosey Howard Jefferson Kennedy King Lucas Mack McCoy M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Ott Owens Parks Pitts Pope Powers Norrell Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sandifer Sellers Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
The following named Representatives voted for Washington: Bedingfield Burns Chumley H. A. Crawford K. R. Crawford Erickson Finlay Gilliard Hamilton Herbkersman Huggins Limehouse Loftis Long Lowe McEachern Nanney Newton Norman Patrick Putnam Riley Rivers Simrill G. R. Smith Taylor
Total number of Senators voting 44 Whereupon, the President announced that William Small, Jr., was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Seventh Congressional District, Seat 7.
The President announced that nominations were in order for the At-Large Seat, Seat 9. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ascue: Allen Hayes Jackson Johnson Leatherman Malloy Matthews McElveen Sheheen Verdin Young
The following named Senators voted for Cunningham: Alexander Bennett Coleman Courson Hembree Hutto Lourie Massey McGill Pinckney Rankin Scott Setzler Shealy Williams
The following named Senators voted for Epps: Bright Bryant Campbell Campsen Corbin Cromer Davis Fair Ford Gregory Grooms Martin, Larry Martin, Shane Nicholson Peeler Reese Thurmond Turner
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ascue: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardwick Harrell Hart Hayes Henderson Hiott Hixon Hodges Hosey Howard Huggins Jefferson Kennedy King Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Norman Ott Owens Parks Pitts Pope Powers Norrell Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sabb Sandifer Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
The following named Representatives voted for Cunningham: Govan
The following named Representatives voted for Epps: Bedingfield Bernstein Erickson Herbkersman Limehouse Loftis Long Lowe Nanney Newton Patrick Putnam Sellers Simrill G. R. Smith
Total number of Senators voting 44 Whereupon, the President announced that Pearl V. Ascue was duly elected for the term prescribed by law.
The President announced that nominations were in order for the At-Large Seat, Seat 11.
The President announced that nominations were in order for the At-Large Seat, Seat 12. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Dawson: Alexander Bennett Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Fair Grooms Hayes Hembree Leatherman Lourie Martin, Larry Massey Matthews McGill Peeler Rankin Shealy Sheheen Thurmond Turner Verdin Williams Young
The following named Senators voted for Nelson:
The following named Senators voted for Tobin: Hutto Jackson Nicholson Reese Scott
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Dawson: Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Howard Huggins Jefferson Kennedy King Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Wells Whipper White Whitmire Williams Willis Wood
The following named Representatives voted for Nelson:
The following named Representatives voted for Tobin: Govan Hart Hayes Hosey Robinson-Simpson Rutherford Sellers
Total number of Senators voting 34 Whereupon, the President announced that Katon E. Dawson was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President announced that nominations were in order for the First Congressional District, Seat 1.
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
The President announced that nominations were in order for the Sixth Congressional District, Seat 6. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. R. Hilliard Wilder: Bennett Bryant Campbell Coleman Davis Grooms Hayes Johnson Martin, Shane Massey Matthews McElveen Nicholson Verdin
The following named Senators voted for Ms. A. Wilkerson: Alexander Allen Bright Campsen Cleary Corbin Courson Cromer Fair Gregory Jackson Lourie Malloy Martin, Larry McGill Peeler Pinckney Reese Scott Setzler Shealy Sheheen Thurmond Turner Williams Young
On the motion of Rep. TAYLOR, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. R. Hilliard Wilder: Hosey Ridgeway Whitmire
The following named Representatives voted for Ms. A. Wilkerson: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bernstein Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Howard Huggins Jefferson Kennedy King Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Quinn Riley Rivers Robinson-Simpson Rutherford Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Toole Vick Weeks Wells Whipper White Williams Willis Wood
Total number of Senators voting 40 Whereupon, the President announced that Ashlye V. Wilkerson was duly elected for the term prescribed by law.
The President announced that nominations were in order for the Seventh Congressional District, Seat 7.
The President announced that nominations were in order for four At-Large Seats..
I abstained from voting on Seat 10 of the College of Charleston Board, Seat 5 of the Public Service Commission, and Seat 5 of the South Carolina State University Board, due to a potential conflict of interest. Rep. Eric Bedingfield
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
Rep. STAVRINAKIS moved that the House recur to the morning hour, which was agreed to.
I was officially excused on May 1, 2013, for a doctor's appointment. I missed the following votes and I wish the record to reflect that if I had been present, I would have voted in favor of the following: Third reading of H. 3941, H. 3960, H. 4014, H. 3856, H. 3567, H. 3907, H. 3961, H. 3978, H. 3822, H. 3124, H. 3956, H. 3919, H. 4020, H. 4038, H. 3631, H. 3561, and second reading H. 3149, H. 3894, Senate Amendments on S. 2, and H. 3176. Rep. Rita Allison
Rep. OWENS moved to adjourn debate upon the following Joint Resolution until Thursday, May 2, which was adopted: H. 4026 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO AGRITOURISM AND TOURISM-ORIENTED DIRECTIONAL SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OWENS moved to adjourn debate upon the following Joint Resolution until Thursday, May 2, which was adopted: H. 4027 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SIGN REQUIREMENTS FOR PETITIONS TO CLOSE ROAD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4311, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OWENS moved to adjourn debate upon the following Joint Resolution until Thursday, May 2, which was adopted: H. 4028 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MERRILL moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted: H. 4033 (Word version) -- Rep. Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2426 SO AS TO PROVIDE THAT ONE-HALF OF THE PAID ADMISSIONS TO A SOCCER SPECIFIC STADIUM IS EXEMPT FROM THE ADMISSION LICENSE TAX IMPOSED PURSUANT TO SECTION 12-21-2420, AND TO DEFINE THE TERM "SOCCER SPECIFIC STADIUM".
The following Bill was taken up: S. 237 (Word version) -- Senators Shealy, Setzler, Courson, Turner, Cromer, Massey, Young and Alexander: A BILL TO AMEND SECTION 10-1-161 OF THE 1976 CODE, RELATING TO STATE CAPITOL BUILDING FLAGS FLOWN AT HALF-STAFF, TO PROVIDE THAT FLAGS ATOP THE STATE CAPITOL BUILDING MUST BE LOWERED TO HALF-STAFF FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES, WHO WERE RESIDENTS OF THIS STATE AND WHO LOST THEIR LIVES IN THE LINE OF DUTY, ON THE DAY WHEN THEIR NAMES ARE RELEASED TO THE GENERAL PUBLIC, AND THE FLAGS SHALL REMAIN AT HALF-STAFF UNTIL AT LEAST DAWN THE SECOND DAY AFTER FUNERAL SERVICES ARE CONDUCTED.
Reps. HOWARD, HUGGINS and WILLIAMS proposed the following Amendment No. 1 to S. 237 (COUNCIL\SWB\237C001. SWB.CM13), which was adopted: "Section 10-1-161. (A) On Memorial Day the flags, which are flown atop the State Capitol Building, must be displayed at half-staff until noon, then raised to the top of the staff. (B) To honor and pay tribute to the following public officials and individuals, the flags which are flown atop the State Capitol Building must be lowered to half-staff on the day on which funeral services are conducted for these public officials and individuals: (1) current and past members of the United States Congress from the State of South Carolina; (2) current constitutional officers of the State of South Carolina; (3) former Governors and Lieutenant Governors of the State of South Carolina; (4) current members of the South Carolina General Assembly;
(5) current members of the South Carolina Supreme Court; (6) current and former Presidents of the United States; and (7) members of the United States military services who were residents of South Carolina and who lost their lives in the line of duty while in combat. (C) As contained in this section, 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff.
(D)
(H)(1) On any day where flags atop the State Capitol Building are flown at half-staff to honor and pay tribute to more than one individual listed in subsections (B) or (D), the flags must be hoisted and lowered pursuant to subsection (G) as many times as there are individuals to honor and pay tribute to that day.
(2) On any day where flags atop the State Capitol Building are flown at half-staff, the Governor shall, on a conspicuous place on the website maintained by the Governor, identify the person or persons to which such honor and tribute is being paid until the day of the funeral."/
Rep. HUGGINS explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bowen Bowers Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Huggins Jefferson Kennedy Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Powers Norrell Quinn Ridgeway Riley Rivers Rutherford Sabb Sandifer Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Toole Vick Weeks Wells White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. OTT moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted: H. 3983 (Word version) -- Reps. Sellers, G. M. Smith and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 29 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE RURAL COUNTIES WITH ACCESS TO FREE EMERGENCY HOSPITAL CARE AND ALLOW RELICENSURE OF CLOSED RURAL HOSPITALS AS FREESTANDING EMERGENCY HEALTH CARE FACILITIES UNDER CERTAIN CIRCUMSTANCES.
The following Bill was taken up: S. 448 (Word version) -- Senators Alexander, Peeler, Cleary and S. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-938 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A PHYSICIAN MAY ENTER A SUPERVISORY RELATIONSHIP WITH A PHYSICIAN ASSISTANT; TO AMEND SECTION 40-47-910, RELATING TO DEFINITIONS IN THE PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO ADD AND REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-47-940, RELATING TO APPLICATION FOR LICENSURE, SO AS TO DELETE CERTAIN APPLICATION REQUIREMENTS; TO AMEND SECTION 40-47-945, RELATING TO CONDITIONS FOR GRANTING PERMANENT LICENSURE, SO AS TO DELETE REQUIREMENTS THAT AN APPLICANT APPEAR BEFORE THE BOARD WITH HIS SUPERVISING PHYSICIAN AND HIS SCOPE OF PRACTICE GUIDELINES, AND TO DELETE THE PROHIBITION AGAINST THE APPROVAL OF A SUPERVISING PHYSICIAN OF ON-THE-JOB TRAINING OR TASKS NOT LISTED ON THE APPLICATION FOR LIMITED LICENSURE AS A PHYSICIAN ASSISTANT; TO AMEND SECTION 40-47-955, RELATING TO PHYSICAL PRESENCE REQUIREMENTS OF THE SUPERVISING PHYSICIAN OF A PHYSICIAN ASSISTANT, SO AS TO DELETE EXISTING REQUIREMENTS CONCERNING ON-SITE SETTINGS AND TO PROVIDE WHERE AND HOW A PHYSICIAN ASSISTANT MAY PRACTICE, TO REVISE PROVISIONS CONCERNING OFF-SITE SETTINGS, AND TO REVISE CERTAIN REQUIREMENTS OF A SUPERVISING PHYSICIAN; TO AMEND SECTION 40-47-960, RELATING TO MINIMUM REQUIREMENTS FOR SCOPE OF PRACTICE GUIDELINES FOR PHYSICIAN ASSISTANTS, SO AS TO INCLUDE THE IMMEDIATE CONSULTATION BETWEEN THE PHYSICIAN ASSISTANT AND HIS PRIMARY OR SUPERVISING PHYSICIAN; TO AMEND SECTION 40-47-965, RELATING TO THE AUTHORITY OF A PHYSICIAN ASSISTANT TO REQUEST OR RECEIVE PROFESSIONAL SAMPLES OF DRUGS AUTHORIZED UNDER HIS SCOPE OF PRACTICE GUIDELINES, SO AS TO DELETE THE PROHIBITION AGAINST REQUESTING OR RECEIVING PROFESSIONAL SAMPLES OF SCHEDULE II CONTROLLED SUBSTANCES; TO AMEND SECTION 40-47-970, RELATING TO THE PRESCRIBING OF DRUGS BY A PHYSICIAN ASSISTANT, SO AS TO AS TO DELETE A PROHIBITION AGAINST PRESCRIBING SCHEDULE II CONTROLLED SUBSTANCES; TO AMEND SECTION 40-47-975, RELATING TO THE AUTHORITY OF A SUPERVISING PHYSICIAN TO REQUEST PERMISSION FROM THE BOARD FOR A PHYSICIAN ASSISTANT UNDER HIS SUPERVISION TO RECEIVE ON-THE-JOB TRAINING, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE THAT A SUPERVISING PHYSICIAN MAY DETERMINE WHETHER A PHYSICIAN ASSISTANT UNDER HIS SUPERVISION NEEDS ADDITIONAL TRAINING OR EDUCATION, THAT THE PHYSICIAN AND PHYSICIAN ASSISTANT MAY JOINTLY DETERMINE THE MEANS OF PROVIDING THIS TRAINING OR EDUCATION, AND THAT CERTAIN RELATED INFORMATION MUST BE SUBMITTED TO THE BOARD OF MEDICAL EXAMINERS AND THE PHYSICIAN ASSISTANT COMMITTEE FOR THE APPROVAL OF EACH; TO AMEND SECTION 40-47-995, RELATING TO THE TERMINATION OF A SUPERVISORY RELATIONSHIP BETWEEN A PHYSICIAN AND PHYSICIAN ASSISTANT, SO AS TO PROVIDE THAT UPON THIS TERMINATION THE PRACTICE OF THE PHYSICIAN ASSISTANT MUST CEASE UNTIL NEW SCOPE OF PRACTICE GUIDELINES, RATHER THAN A NEW APPLICATION, ARE SUBMITTED BY A NEW SUPERVISING PHYSICIAN TO THE BOARD; AND TO REPEAL SECTION 40-47-980 RELATING TO THE TREATMENT OF PATIENTS IN CHRONIC CARE AND LONG-TERM CARE FACILITIES.
Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The following Bill was taken up: H. 3101 (Word version) -- Reps. Chumley, Taylor, G. R. Smith, Huggins, Wells, Henderson, Crosby, Atwater, Long, Wood, Toole, Willis, Clemmons, Hardwick, Hardee, Goldfinch, Bedingfield, D. C. Moss, Loftis, Nanney, Pitts, Putnam, V. S. Moss, Owens, Barfield, H. A. Crawford, Stringer, Hamilton, Burns, Tallon, Kennedy, Allison, Murphy, Delleney, Horne, Daning and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FREEDOM OF HEALTH CARE PROTECTION ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES TAKING CONTROL OVER THE HEALTH INSURANCE INDUSTRY AND MANDATING THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT CERTAIN INDIVIDUALS FROM ENFORCING OR ATTEMPTING TO ENFORCE SUCH UNCONSTITUTIONAL LAWS; AND TO ESTABLISH CRIMINAL PENALTIES AND CIVIL LIABILITY FOR VIOLATING THIS ARTICLE. Rep. MURPHY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Atwater Ballentine Bannister Barfield Bedingfield Bowen Brannon Burns Chumley Cole H. A. Crawford Crosby Daning Delleney Edge Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardwick Harrell Henderson Herbkersman Hiott Hixon Huggins Kennedy Loftis Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Pope Quinn Riley Rivers Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Toole Wells White Whitmire Willis Wood
Those who voted in the negative are: Anderson Bales Bernstein Bowers Branham R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Funderburk George Gilliard Govan Hayes Hodges Hosey Howard Jefferson King Mack McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Parks Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb J. E. Smith Stavrinakis Vick Weeks Whipper
The Bill, as amended, was read the third time, and ordered sent to the Senate.
Rep. NORMAN moved to reconsider the vote whereby the following Bill was read third time and sent to the Senate: H. 3101 (Word version) -- Reps. Chumley, Taylor, G. R. Smith, Huggins, Wells, Henderson, Crosby, Atwater, Long, Wood, Toole, Willis, Clemmons, Hardwick, Hardee, Goldfinch, Bedingfield, D. C. Moss, Loftis, Nanney, Pitts, Putnam, V. S. Moss, Owens, Barfield, H. A. Crawford, Stringer, Hamilton, Burns, Tallon, Kennedy, Allison, Murphy, Delleney, Horne, Daning and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FREEDOM OF HEALTH CARE PROTECTION ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES TAKING CONTROL OVER THE HEALTH INSURANCE INDUSTRY AND MANDATING THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT CERTAIN INDIVIDUALS FROM ENFORCING OR ATTEMPTING TO ENFORCE SUCH UNCONSTITUTIONAL LAWS; AND TO ESTABLISH CRIMINAL PENALTIES AND CIVIL LIABILITY FOR VIOLATING THIS ARTICLE. Rep. NORMAN moved to table the motion to reconsider, which was agreed to. Rep. HIXON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 3937 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, APRIL 11, 2013, AS "CITY OF CAMDEN DAY" IN SOUTH CAROLINA. H. 3969 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY, TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY NASCAR'S RICH HISTORY IN THE STATE OF SOUTH CAROLINA, AND TO NAME THE WEEK OF MAY 5, 2013, THROUGH MAY 12, 2013, AS "DARLINGTON RACEWAY WEEK - A WEEK TOO TOUGH TO TAME" IN SOUTH CAROLINA. H. 3988 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO CELEBRATE THE JOY AND BEAUTY OF ORGAN MUSIC IN THE PALMETTO STATE BY PROCLAIMING THE WEEK OF JUNE 30 THROUGH JULY 6, 2013, AS "ORGANISTS' WEEK" IN SOUTH CAROLINA. H. 3992 (Word version) -- Reps. Howard, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO COMMEND THE BOYS & GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR WONDERFUL EFFORTS IN HELPING SOUTH CAROLINA'S YOUTH PREPARE FOR A PRODUCTIVE LIFE, TO RECOGNIZE THE THIRTEEN YOUNG PEOPLE FROM DIFFERENT BOYS & GIRLS CLUBS THROUGHOUT THE STATE WHO HAVE BEEN NAMED 2013 YOUTH OF THE YEAR BY THE SOUTH CAROLINA ALLIANCE OF BOYS & GIRLS CLUBS, AND TO DECLARE THURSDAY, APRIL 25, 2013, AS "BOYS AND GIRLS CLUBS DAY" AT THE STATE HOUSE.
At 2:43 p.m. the House, in accordance with the motion of Rep. WILLIAMS, adjourned in memory of the four young children, twin girls Myasia and Kynasia Hawkins, Delonta Dixon, and Camaron Mason, who died in a house fire in Hartsville, to meet at 10:00 a.m. tomorrow.
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